This version in force since September 1, 2004
Please read this agreement carefully. It governs your use of
the Kool Coat Ceramic Coating Ltd. website (www.koolcoat.ca) and
the services and goods provided through the web site (collectively
the "Web Site"). It exempts Kool Coat Ceramic Coating
and other persons from liability or limits their liability and
contains other important provisions that you should read. Each
time you use the Web Site you acknowledge and signify that you
have read, understood, and agreed to be bound by this agreement.
If you do not agree with each provision of this agreement each
time you use the Web Site, you may not use the Web Site. Each
time you use the Web Site, the text of this agreement as it then
reads will govern your use. Accordingly, when you use the Web
Site you should check the date of this agreement and review any
changes since the last version.
This Agreement contains the following
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints, Errors and Product Availability
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release
7. Termination of this Agreement and the Web Site
8. Information Submissions
9. Ownership and Permitted Use of the Web Site
10. Personal Information Privacy
11. Trade-mark Information
12. Other Sites
13. Linking and Framing the Web Site
14. Postings and Unsolicited Submissions
15. Governing Law and Dispute Resolution
16. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Kool Coat Ceramic Coating
Ltd. ("KOOL COAT"), and governs your use of the Web
Site and its content and the services and goods provided through
the Web Site. Each time you use the Web Site you signify your
acceptance and agreement, and the acceptance and agreement of
any person you purport to represent (and for purposes of this
Agreement, "person" includes any type of incorporated
or unincorporated entity), without limitation or qualification,
to be bound by this Agreement, and you represent and warrant that
you have the legal authority to agree to and accept this Agreement
on behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement, or
you are not authorized to agree to and accept this Agreement,
or you do not have the legal authority to agree to and accept
this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any
manner. KOOL COAT may, in its sole discretion, change, supplement
or amend this Agreement as it relates to your future use of the
Web Site from time to time, for any reason, and without any notice
or liability to you or any other person, by posting a revised
Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons resident in Canada who
have reached the age of majority or legal age in their jurisdictions
and who can form legally binding contracts under applicable law.
The Web Site may not be used by persons in jurisdictions where
access to or use of the Web Site or any part of it may be illegal
or prohibited. It is solely your responsibility to determine whether
your use of the Web Site is lawful, and you must comply with all
4. MISPRINTS, ERRORS AND PRODUCT AVAILABILITY
KOOL COAT endeavours to provide current and accurate information
on the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, KOOL COAT reserves the right to change the description,
product number and cost of the goods and services available through
the Web Site at any time and from time to time without any notice
or liability to you or any other person. Also, KOOL COAT cannot
guarantee that goods or services advertised on the Web Site will
be available when ordered or thereafter.
5. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY.
THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED
STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS;
OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD
SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR
OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH
THE WEB SITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY
LIMITATION, RELEASE AND INDEMNITY
KOOL COAT strives to make your use of the Web Site a useful and
enjoyable experience, and a safe and easy way to gather information
about goods over the Internet. Nevertheless, KOOL COAT and its
service providers (the "Providers") do not accept any
liability for your use of the Web Site. For that reason, the following
provisions apply to your use of the Web Site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH
ARE HEREBY DISCLAIMED BY KOOL COAT AND THE PROVIDERS TO THE FULLEST
EXTENT PERMITTED BY LAW.
YOU (AND NOT KOOL COAT OR THE PROVIDERS) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER
OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO
YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND KOOL COAT'S CONTROL. THE OPERATION OF THE WEB SITE MAY
NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY
RISKS CANNOT BE ELIMINATED.
KOOL COAT IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS
OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY
TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH
TRANSACTIONS ARE AT YOUR OWN RISK. KOOL COAT IS NOT A PARTY TO
ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING
ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KOOL COAT AND
ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE; THE WEB SITE WILL BE AVAILABLE OR WILL
FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT
ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR
THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR
TIMELY; CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE
OF THE WEB SITE; THE USE OF THE WEB SITE, INCLUDING THE BROWSING
AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN
HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND KOOL COAT AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
KOOL COAT AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS
OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE),
LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED
WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER
PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY KOOL COAT OR ANY PROVIDER OR ANY PERSON FOR WHOM KOOL COAT
OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT KOOL
COAT OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL KOOL COAT'S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY
TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY KOOL COAT OR
ANY PERSON FOR WHOM KOOL COAT IS RESPONSIBLE, EXCEED TWENTY-FIVE
CANADIAN DOLLARS (C$25) OR THE AMOUNT YOU PAID TO KOOL COAT FOR
THE USE OF THE WEB SITE, WHICHEVER IS LESS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF KOOL
COAT AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR
ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF KOOL
COAT AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES")
FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS,
INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM
OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE
OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST
AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED
PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY KOOL COAT OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY
OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE
AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE
The exclusion of certain warranties and the limitation of certain
liabilities is prohibited by legislation in some jurisdictions.
Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release,
and indemnity provisions in this Agreement survive indefinitely
after the termination of this Agreement
7. TERMINATION OF THIS AGREEMENT AND THE WEB
If you breach any provision of this Agreement, you may no longer
use the Web Site.
KOOL COAT may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate
(in whole or in part) your permission to use the Web Site and
your user password, all without any notice or liability to you
or any other person.
If this Agreement or your permission to use the Web Site is terminated
by you or KOOL COAT for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior
use of the Web Site and your purchases of goods and services through
the Web Site and anything connected with, relating to or arising
from those matters.
8. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration
information (name and email address), payment information (credit
card numbers and expiration dates), and transaction-related information,
must be true, accurate, current and complete. You must also provide
KOOL COAT with updated registration information and payment information
within 30 days of any changes.
KOOL COAT will rely on the information you provide. You will
be solely responsible and liable for any and all loss, damage,
and additional costs that you, PCO or any other person may incur
as a result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information
and payment information within 30 days of any change. KOOL COAT
may require a copy of a government-issued form of identification
before making any changes to your registration information.
9. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and
audio forms), images, icons, software, design, applications and
other elements available on or through the Web Site are the property
of KOOL COAT, its Providers and others, and are protected by Canadian
and international copyright, trade-mark, and other laws. Your
use of the Web Site does not transfer to you any ownership or
other rights in the Web Site or its content. You may only use
the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted
by this Agreement. In particular, except as expressly stated otherwise
in this Agreement, the Web Site may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without
the express prior written consent of KOOL COAT. You may not use
any of the software that is used in the operation of the Web Site
except while you are use the Web Site. You may not reproduce,
copy, duplicate, sell, or resell any part of the Web Site (including
the software used in the operation of the Web Site) or access
to the Web Site.
The Web Site is made available to you for your lawful use only.
You may access and browse the Web Site using commercially available,
SSL-capable Web browser software. You may print or download the
pages of the Web Site for your personal use provided that you
do not modify any of the Web Site pages or other content and you
do not remove or alter any visible or non-visible identification,
marks, notices, or disclaimers.
10. PERSONAL INFORMATION PRIVACY
KOOL COAT collects, uses, and discloses your personal information
sole discretion. By accepting this Agreement, and each time you
use the Web Site, you consent to KOOL COAT's collection, use and
disclosure of your personal information in accordance with the
any liability to you or any other person.
11. TRADE-MARK INFORMATION
Kool Coat Ceramic Coating Ltd., the Kool Coat Ceramic Coating
Ltd. logo, the KOOL COAT logo and other KOOL COAT owned trade-marks
appearing on the Web Site, are registered and unregistered trade-marks
and trade names owned by Kool Coat Ceramic Coating Ltd. Other
product and company names and logos appearing on the Web Site
may be registered or unregistered trade-names, trade-marks and
service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos
(collectively "Marks") displayed on the Web Site, except
as expressly provided in this Agreement, is strictly prohibited.
Nothing appearing on the Web Site or elsewhere shall be construed
as granting, by implication, estoppel, or otherwise, any licence
or right to use any Marks displayed on the Web Site.
12. OTHER SITES
The Web Site may include advertisements for, and links to, other
web sites or resources and businesses operated by other persons
("Other Sites"). Other Sites are independent from KOOL
COAT, and KOOL COAT has no responsibility or liability for or
control over Other Sites, their business, goods, services, or
content. Links to Other Sites are provided solely for your convenience.
KOOL COAT does not sponsor or endorse any Other Sites or their
content or the goods or services available through those other
Web Sites. Your use of Other Sites and your dealings with the
owners or operators of Other Sites is at your own risk, and you
shall not make any claim against KOOL COAT arising out of your
use of any Other Sites or your dealings with the owners or operators
of any Other Sites. As between you and KOOL COAT, the provisions
of this Agreement under the section headed Disclaimer, Liability
Exclusion, Liability Limitation, Release and Indemnity apply,
with all necessary modifications, to your access to and use of
any Other Sites and their business, goods, services, and content.
13. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission
of KOOL COAT are strictly prohibited. To request permission to
link to the Web Site, please contact 604-534-8681. KOOL COAT reserves
the right to cancel and revoke any permission it may give to link
to the Web Site at any time, for any reason, without any notice,
and without any liability to you or any other person. The framing
of the Web Site or any of its content in any form and by any method
is strictly prohibited.
14. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™ or Third Voice™
in connection with your use of the Web Site or to post comments,
communications, or any other data of any kind to or on the Web
Site with the intention that such postings may be viewed by other
users of the Web Site.
KOOL COAT does not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements, processes,
materials, marketing plans, or new product names. The purpose
of this policy is to avoid potential misunderstandings or disputes.
Accordingly, please do not send any unsolicited ideas, suggestions
or other materials ("Submissions") to KOOL COAT or the
If you send Submissions to KOOL COAT or the Web Site you automatically
grant (or warrant that the owner of the Submissions grants) to
KOOL COAT and its assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable, sub-licensable,
right and license to use, copy, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
display and otherwise exploit the Submissions or any ideas, concepts,
know-how or techniques associated with the Submissions for any
purpose whatsoever, commercial or otherwise, using any form, media
or technology now known or later developed, without providing
compensation to you or any other person, without any liability
whatsoever, and free from any obligation of confidence or other
duties on the part of KOOL COAT or its assigns, and you agree,
represent and warrant that all moral rights in the Submissions
are waived in favour of KOOL COAT and its assigns.
15. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by KOOL COAT from Langley, British
Columbia. This Agreement, your use of the Web Site, and all related
matters are governed solely by the laws of the British Columbia,
Canada and applicable federal laws of Canada, excluding any rules
of private international law or the conflict of laws which would
lead to the application of any other laws.
Any dispute between KOOL COAT and you or any other person arising
from, connected with or relating to the Web Site, this Agreement
or any related matters must be resolved before the Courts of British
Columbia sitting in the City of Vancouver, British Columbia, Canada,
and you hereby irrevocably submit and attorn to the original and
exclusive jurisdiction of those Courts in respect of any such
dispute or matter.
Any claim or cause of action you may have arising from, connected
with, or relating to your use of the Web Site, this Agreement,
or any related matters must be commenced in a court of competent
jurisdiction in the City of Vancouver, British Columbia, Canada
within six (6) months after the claim or cause of action arises,
after which time the claim or cause of action is forever barred,
regardless of any statute or law to the contrary.
16. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed to be severed from the rest of this Agreement and shall
not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of
and be binding upon each of KOOL COAT and its Providers and each
of their respective successors and assigns and related persons,
including without limitation Kool Coat Ceramic Coating Ltd., and
you and your heirs, executors, administrators, successors, permitted
assigns, and personal representatives. You may not assign this
Agreement or your rights and obligations under this Agreement
without the express prior written consent of KOOL COAT, which
may be withheld at KOOL COAT's sole discretion. KOOL COAT may
assign this Agreement and its rights and obligations under this
agreement without your consent.
No waiver, express or implied, by either party of any breach
of or default under this Agreement will constitute a continuing
waiver of such breach or default or be deemed to be a waiver of
any preceding or subsequent breach or default.
You and KOOL COAT are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship
is intended or created by this Agreement or your use of the Web
The parties have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat
et tous les documents qui s'y rapportent soient redigés
Any rights not expressly granted by this Agreement are reserved
to KOOL COAT.
This Agreement is subject to change without notice.