TERMS AND CONDITIONS
A. YOUR USE .You understand, acknowledge, and agree to the following:
a. By using the Ontal Sites, you agree not to disrupt or intercept our electronic information posted on the Ontal Site or on any of our servers. You also agree not to attempt to circumvent any security features of the Ontal Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
b. You grant us the right to use all content you upload or otherwise transmit to the Ontal Site in any manner we choose, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
B. ONLINE PURCHASES.All purchases through our site or other transactions for the sale of products are governed by these Terms and Conditions.
1. THIRD PARTY LINKS, SITES AND SERVICES. In order to provide your shopping experience or to advertise other products or services that may be of interest to you, we occasionally partner with third parties. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third party website, service, or content from the Ontal Site, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.
2. INTELLECTUAL PROPERTY. The information, documents, and related graphics published in the Ontal Site (the “Information”) are our sole property or licensed to us. No license or right, express or implied, is granted to any person under any of our patents, trademarks, copyrights, or other proprietary rights. No use of any our trademarks, trade names, trade dress, and/or products on the Ontal Site may be made without our prior written authorization. If you design a product using our customization features, you do not gain any intellectual property rights associated with that design, and anyone else is free to utilize all the same design components when ordering from the Ontal Site.
3. DISCLAIMERS AND LIMITATIONS OF LIABILITY. You acknowledge and agree that:
a. THE ONTAL SITE, THE CONTENT THEREON, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE ONTAL SITE(s) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THAT THE ONTAL SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DATA LOSS WILL NOT OCCUR.
b. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE PRODUCTS, SERVICES, INFORMATION OR CONTENT POSTED ON THE ONTAL SITE. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE ONTAL SITE AND/OR THE PRODUCTS, SERVICES, INFORMATION OR CONTENT MADE AVAILABLE THEREON, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.
C.PRODUCTS AND PRICING.All products or services listed on the Ontal Site are subject to change, as is product information, pricing, and availability. Ontal reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. You agree that Ontal will not be liable to you or any third party for any modification, suspension, or discontinuance of any product. In the event a product that has been discontinued remains listed at an Ontal Site, and you have already made payment for your order, we may, at our discretion, issue store credit to you in the amount for the charge, or provide you with a full or partial refund.
D. ORDER AND ACCEPTANCE. Each part of an order you submit to Ontal constitutes an offer to purchase merchandise. All orders must include a proper street address (not a P.O. Box or alternate delivery site). When you place an order through the Ontal Site, after we receive your order and payment, you will receive an email from us confirming receipt of your order, which constitutes our acceptance of your order. If you do not receive an email, contact us before you try to place another order for the same merchandise. When your order is shipped, we will send a shipment confirmation email. If we send you merchandise different from the description on the Ontal Site at the time you place your order, you can return or exchange it in accordance with the Return and Exchange Policy set forth herein.
E. RETURNS AND EXCHANGES. Ontal will accept returns only in accordance with the Return Procedures below.
(a) Damaged Products. If a product is shipped despite production error or otherwise arrives damaged (“Damaged Product”), Ontal will accept returns for complete replacement if return is effectuated in accordance with the Return Procedures set forth below, and provided that Ontal confirms that your product was a Damaged Product.
(b) Return Procedures. All return requests must be made within ten (10) business days after the Product shipment date, as set forth on your shipment confirmation e-mail. If you believe your product is damaged, you have ten (10) business days to request a Return Merchandise Authorization from the date of shipment. To request a Return Merchandise Authorization, you must send us an email at info@Ontal.com describing why you believe your product is Damaged Product, and providing Ontal any supporting evidence or documentation. All returned products must be unused.
F.PAYMENT TERMS.For each product you order on the Ontal Site(s), you agree to pay the price applicable for the product as of the time you submitted your order (“Product Price”), the shipping costs for the delivery service you select (“Shipping Costs”), and any applicable Taxes (which may vary from state to state). Ontal will automatically charge your credit card or PayPal™ account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for the payment of all taxes, fees, duties, and other government related penalties and interests, arising from the sale of the product. All payments are non-refundable, except as expressly set forth in this Agreement. Once your payment is processed, production is immediately started on your order, so no cancellations or modifications are permitted.
G.DELIVERY. (1) Ontal will ship your product(s) within a standard production time of approximately three to four weeks after the receipt of your order, subject to availability of finished products. We shall not be liable for any delays, loss, or damage in transit. (2) Delivery shall be made FOB Ontal’s facility.
H. NON-DELIVERY.(1) The quantity of any installment of product(s) as recorded on dispatch from Ontal’s place of business is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. (2) We shall not be liable for any non-delivery of product (even if caused by Ontal’s negligence) unless you give written notice of the non-delivery within ten (10) business days of the date of your shipment confirmation e-mail. (3) Any liability of Ontal for non-delivery of the product(s) shall be limited to replacing the product(s) within the standard production time or adjusting the invoice respecting such product(s) to reflect the actual quantity delivered.
I.NOTICES.We may provide you notice of changes or any other matter by displaying notices to you on the Ontal Site or, at our option, by using any contact information you have provided. You agree that notice by the foregoing means shall be deemed complete when transmitted by us. All notices to us (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent to Ontal, Inc., 301 West Vogel Avenue, Milwaukee, Wisconsin 53207.
J. TIME LIMITATIONS ON CLAIMS AND CAUSES OF ACTION.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or your use of the Ontal Site(s) must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
K. SEVERABILITY. If any provision of these Terms and Conditions are held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
L.GOVERNING LAW AND JURISDICTION.These Terms shall be governed by the laws of the State of Wisconsin, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Milwaukee County, Wisconsin.
M.COMPLIANCE WITH LAW. You shall comply with all applicable laws, regulations and ordinances. You shall comply with all export and import laws of all countries involved in the sale or resale of Ontal’s products. You assume all responsibility for shipments of products requiring any government import clearance. Ontal may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on our products.
N. TERMINATION.In addition to any other remedies that may be available at law, Ontal may (1) suspend your use of our Website or (2) terminate this Agreement, at any time, for any reason at our sole discretion. Ontal will not have any liability whatsoever to you for termination of this Agreement.
O. WAIVER. No waiver by Ontal any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Ontal. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
P. FORCE MAJEURE. Ontal shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Ontal including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown, or power outage.
Q.ASSIGNMENT.You shall not assign any of its rights or delegate any of your obligations under this Agreement without the prior written consent of Ontal. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
R.NO THIRD-PARTY BENEFICIARIES. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.