Terms of Service

Terms of Use for Polar Pal Inc.

Introduction

Polar Pal Inc. and its affiliates (collectively, "Company," "We," "Our," or "Us"), own, operate and/or control a network of websites including www.polarpal.com and other web pages on our websites (collectively, the "Sites"). These Sites are provided to visitors or users of the Sites (collectively, "You" or "Your") only if You agree to these Terms of Use unconditionally and without modification. These Terms of Use are entered into by and between You and Us. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Sites, including any content, functionality, and services offered on or through the Sites, whether as a guest or a registered user.

PLEASE TAKE THE TIME TO READ ALL THE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE SITES. This Site is offered and available to users who are 18 years of age or older. By accessing, registering on, or otherwise using any of these Sites, You unconditionally agree to these Terms of Use and our Privacy Policy (click here to view), incorporated herein by reference, whether or not You have read them. If You do not meet these requirements or You do not want to agree to these Terms of Use or the Privacy Policy, You must not access, view, or use any of the Sites.

Generally

You are free to browse the Sites to learn more about our portable diesel heaters. You may also view product catalogs, register Your product, submit questions with respect to product use and availability, interact with Our other customers, and participate in any contests, promotions, surveys, blogs, communities, or services (although many of these activities require that You register). The Sites and all material posted on the Sites or otherwise approved by Company (collectively, "Licensed Content") may be used for the sole and limited purpose set forth in the Sites and these Terms of Use. You may view and print portions of the Licensed Content for Your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without Company’s prior written approval is strictly prohibited.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at Our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Site so You are aware of any changes, as they are binding on You.

Accessing the Site

We reserve the right to withdraw or amend this Site, and any product, service, or material We provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through Your internet connection are aware of these Terms of Use and comply with them.

Privacy and Data Security

We value Our relationship with visitors and customers of the Site and use commercially available technology to safeguard any personal information collected through the Site. Nevertheless, the internet is an open medium, and no data transmission through the internet is completely secure. You transmit Your personal information at Your own risk. We do not guarantee the security of information You transmit, and You agree that all information You provide to Us on this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by Our Privacy Policy (click here to view), and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.

Once received, Your personal information is stored in the United States and Canada. We take various precautions to safeguard Your personal information against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. If You choose, or are provided with, a username, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential and You must not disclose it to any other person or entity.

Legal Compliance

Our company, Polar Pal Inc., manufactures and sells portable diesel heaters. Unless not permitted by law, all Our companies, including Our worldwide affiliates in both the United States and Canada, share information collected through the Sites and may contact You directly. Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact, or bring legal action to enforce any legal rights, including against You or a third party, for nonpayment, violation of any agreement, and to prevent injury to or interference with Our rights or property, the rights of property of users of other Sites, or anyone else that could be harmed by such activities.

Product, Safety, and Other Technical Information

While We use commercially reasonable efforts to provide accurate information, the industry of which We are a part and the laws and regulations applicable to that industry may change. Therefore, information contained on the Sites may not be current, accurate, or complete. The Licensed Content is provided for informational purposes only. We cannot ensure or guarantee and We do not warrant that Your product selection will be accurate or meet Your (or, if applicable, Your customer’s) particular needs or requirements. Please read and follow all instructions contained in product manuals.

Proprietary and Intellectual Property Rights

Everything You see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly, and arrangement of the Sites and Licensed Content, is protected by all United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and may not be used except as provided in these Terms of Use without Our express written permission.

The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly, and arrangement of Licensed Content, all Software, text, displays, images, video, photography, graphics, artwork, and other information and material found on the Sites, regardless of source, all trademarks, logos, trade names, trade dress, product, and service marks, individually or combined with one another (collectively the “Marks”) and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the Licensed Content), are owned or licensed by Us and/or Our affiliates or other designee, Our suppliers or partners, and contain proprietary and confidential information that is protected by all applicable intellectual property and other laws.

User Conduct

We expect You to interact with Us and other users of the Site in a courteous manner and in compliance with all laws in both the United States and Canada. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on any of the Sites is strictly prohibited. You may not upload to, distribute, or otherwise publish through any Site any material that You know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights, is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable, or which may constitute or encourage a criminal offense, violate any law, or another’s rights.

Social Media/Blogs/User Submissions

Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions, or enhancements, as well as anything embedded therein, material, information, or other communication You transmit, upload or post to any of the Sites, are non-confidential and nonproprietary and become Our property. We have no obligation to preserve the confidentiality of or refrain from disclosing any Communications.

Your Communications

You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data, or other material is done on a non-confidential, nonproprietary basis, without expectation of compensation or attribution of any sort. We have no liability for and will be free to copy, disclose, distribute, incorporate, or otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from You. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.

You are solely responsible for Your Communications and Your activities on the Sites. Although We will not, and have no obligation to, monitor Your Communications, We have the right not to post or publish Licensed Content and/or Your Communications and to delete, remove, or edit any Licensed Content or Communications at any time in Our sole discretion without notice or liability. Under no circumstances are We or will We or Our affiliates be liable in any way for Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability, or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by Us to substantiate such claims. We caution You not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.

Termination

We may, in our sole discretion, suspend or terminate Your access, registration, membership, or use for any reason. We may also, in Our sole discretion and at any time, discontinue providing the Sites, or any part thereof, with or without notice. We may suspend, terminate, and/or bar further access to the Sites at any time without prior notice to You. We are not liable to You or any third party for any suspension or termination of Your access to or use of the Sites.

Third-Party Links

The Sites may contain links to other internet sites or resources. When You link to those sites, You leave Our Site. We have no control over such sites, their content and resources, or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use and Our Privacy Policy do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices. We expressly disclaim all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, and We do not endorse and are not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that We endorse the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services, or materials available on or through any such link, site, or reference.

Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Us. We respect the intellectual property of others, and ask Our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, We will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work that You claim has been infringed;
  3. A description of the material that You claim is infringing or is the subject of infringing activity, that is to be removed or access to it disabled and information reasonably sufficient to enable Us to locate the material on the Sites;
  4. Your name, address, telephone number, e-mail address, and all other information reasonably sufficient to enable Us to contact You;
  5. A statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;
  6. A statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

WARRANTY AND LIMITATION OF LIABILITY

1.     THE LIMITED WARRANTY PROVIDED WITH THE PRODUCT IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, THAT MANUFACTURER MAKES WITH RESPECT TO THE PRODUCT. MANUFACTURER AND POLAR PAL INC.  SPECIFICALLY DISCLAIM ALL OTHER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.     Polar Pal Inc. makes no warranties or representations to customer or any other person with respect to the Product or any service provided to the customer or any other person. If any Products are not accompanied by warranty forms, the manufacturer’s then-current warranty applicable to those Products shall apply. All sales by Polar Pal Inc. are subject to the manufacturer’s standard limited warranty, warranty disclaimers and limitations on liability in effect for the Products at the time of shipment of the Products by Polar Pal Inc.

3.     You will operate the Product at your own risk. You agree to indemnify and save the manufacturer and Polar Pal Inc. harmless from any claims and damages suffered by it, however caused, arising out of your use of the Product.

 

4.     Polar Pal Inc. assumes no responsibility or liability for any errors or omissions in the diagrams, set up, operating and usage instructions of this manual. This manual provided is on an "as is" basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied.

5.     These limitation of liability provisions reflect an informed voluntary allocation of the risks, known and unknown, that may exist in connection with your use of the Product. Such voluntary risk allocation represents a material part of the Agreement. You agree that your remedies will be limited to those set forth in this Agreement and the warranty.

6.     In no event will the manufacturer or Polar Pal Inc., or its respective directors, officers, employees and agents be liable for any claim for: (i) punitive damages; (ii) damages for loss of profits or revenue, failure to realize expected savings; (iii) indirect, consequential or special damages; (iv) damages for personal injury, including death; (v) damages for damage to or loss of property; and (vi) contribution, indem­nity or set-off in respect of any claims against you; (v) any damages whatsoever relating to third party products or services.

 

Entire Agreement

These Terms of Use, together with Our Privacy Policy and any other policies, disclaimers, or agreements that may be posted on the Sites, constitute the entire agreement between You and Polar Pal Inc. with respect to the use of the Sites. Any previous or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of these Terms of Use are superseded by these Terms of Use.

Contact Information

If You have any questions or concerns about these Terms of Use, please contact Us at:

Polar Pal Inc.
Support@polarpal.ca