termos e Condições

ACEITAÇÃO DOS TERMOS DE USO

Welcome to Holsag. Holsag is a brand owned by MITY Inc., both of which may be referred to in these Terms of Use. Holsag provides their products and services to you subject to these Terms of Use.

If you visit or shop at holsag.com (the “website”), you agree that you accept these Terms of Use. If you do not accept all of the Terms of Use, do not use the website. Your use of the website constitutes an explicit assertion that you understand, and unconditionally assent to, all the Terms of Use, and you agree to be bound thereby. Please read the Terms of Use carefully.

In addition, when you use any current or future holsag.com service or visit or purchase from any business affiliated with holsag.com, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business, including these Terms of Use.

MODIFICAÇÕES DOS TERMOS DE USO

Holsag may, in its sole discretion, revise any or all of the Terms of Use at any time without notice or liability to you. Any such revision shall be effective immediately upon posting to the website. Your continued use of the website, software, or materials following any such modification shall be conclusively deemed an unconditional acceptance of the entirety of such modifications. Accordingly, you should visit the website periodically to review the Terms of Use by which you are bound.

POLÍTICA DE PRIVACIDADE 

Please review our Privacy Policy, which also governs your visit to the website. The Privacy Policy is incorporated by reference into these Terms of Use.

DEFINIÇÕES 

Materials – The “materials” include the contents of the website such as, but not limited to, text, hypertext markup language (“HTML”) script, software, logic, ideas, programs, source code, executable code, graphics, images, audio (e.g., .wav), video clips, photographs, digital picture files (e.g., .jpeg, .jpg, .gif), illustrations, multimedia materials, and other materials, whether accessible free of charge or for a fee.

Software – Software that is now, or may become, available for downloading from the website, but does not include software that is accessible or downloadable by way of third-party linked websites.

Other Definitions – Definitions of other terms are as provided for herein.

ACESSO AO SITE 

Holsag retains the right and sole discretion to regulate, to the extent it deems desirable, access to all portions of the website including, but not limited to, the materials, the website, the software, and to suspend the operation of the website or any portion thereof, at any time and without notice to you.

USO DO SITE 

You agree not to compromise, or attempt to compromise in any way, the operation or accessibility of the website or the integrity of the materials or software, or systems, programming, practices, and procedures relating thereto, through any means, software, device, or routine including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by, or inconsistent with, any provision of these Terms of Use.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of the website, Holsag, or Holsag’s employees, licensors, independent contractors, providers and affiliates, or business partners, including, but not limited to, Holsag or other marks of Holsag without the prior written permission of Holsag and/or any relevant affiliate(s). In addition, you shall not use Holsag or any affiliate’s trademarks or service marks: (1) in, as, or as part of, your own trademarks or service marks or those trademarks or service marks of any third parties; (2) to identify products or services not originating with or provided by Holsag and the website; (3) in a manner likely to cause confusion; or (4) in a manner that implies in any way that Holsag or Holsag affiliates sponsor, endorse, or are otherwise associated with, your own activities, products and services or the activities, products, and services of third parties.

COMUNICAÇÕES ELETRÔNICAS 

When you visit the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Except as otherwise noted herein or elsewhere on the website, all your communications will be considered by Holsag to be non-confidential, wherein such communications may be transmitted in a variety of ways including, but not limited to, electronic mail and by way of any communication you provide on the website. You understand and acknowledge that you have no expectation of privacy in any such communications and that no confidential, fiduciary, contractually implied or other relationship is created or implied between Holsag and you by reason of your communications.

LINKS PARA MATERIAIS DE TERCEIROS

The website may contain links to third party websites, web pages, and other materials. These links are provided solely as a convenience to you and in no way constitute an endorsement by Holsag as to any aspect of the contents on, or available through, such third–party websites. The inclusion of such links does not imply that Holsag or its affiliates sponsor or are affiliated with or are legally authorised to use any trademark, service mark, trade name, logo or copyright symbol displayed in or accessible through such links, or that such linked websites are authorised to use any trademark, service mark, trade name, logo or copyright symbol owned by Holsag or by any of Holsag’s affiliates.

Holsag has no control over, and is not responsible in any way for, the content of linked third-party websites and accordingly makes no representations, warranties, or guarantees regarding any aspect, including content or accuracy, or materials on, or available through, such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Any concerns that you may have regarding such links should be directed to the administrator or webmaster of the web page(s) and/or websites associated therewith.

DIREITO AUTORAL

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Holsag and may be protected by the United States and international copyright laws. The compilation of all content on this website is the exclusive property of Holsag and protected by the U.S. and international copyright laws. All software used on this website is the property of Holsag or its software suppliers and protected by the United States and international copyright laws.

MARCAS REGISTRADAS

Holsag and other holsag.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Holsag and/or its subsidiaries or its affiliates. Holsag trademarks and trade dress may not be used in connection with any product or service that is not from Holsag or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Holsag or holsag.com. All other trademarks not owned by Holsag and/or its subsidiaries or affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Holsag and/or its subsidiaries or affiliates.

PATENTES

Holsag takes great pride in its innovation, quality, design, and manufacture of its products and properties. Consequently, Holsag products are protected by a variety of patent, trademark, and other intellectual property rights. These intellectual property rights recognise the innovative and distinctiveness of Holsag’s products and provide Holsag with protection from infringement of these rights. Holsag and its affiliates diligently enforce its intellectual property rights, and continually works to locate and prosecute those who infringe on these rights.

LICENÇA E ACESSO AO SITE 

Holsag grants you a limited licence to access and use this website in accordance with these Terms of Use and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Holsag. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Holsag. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Holsag. You may not use any meta tags or any other “hidden text” utilising Holsag’s name or trademarks without the express written consent of Holsag. Any unauthorised use or use inconsistent with these Terms of Use terminates the permission or licence granted by Holsag.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Holsag so long as the link does not portray Holsag products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Holsag logo or other proprietary graphic or trademark as part of the link without express written permission.

LICENÇA DE SOFTWARE 

All software provided, if any, is protected by the United States copyright laws, and may be protected by other local, state, and federal laws, statutes, and regulations as well. Software use is governed by the terms of the software licence agreement or the designated legal notice that accompanies the software (“Software Licence Agreement”). By downloading such software, you agree unconditionally to be bound by all the terms of the Software Licence Agreement as well as these Terms of Use. In the event of a conflict between the Terms of Use and the Software Licence Agreement, the terms and provisions of the Software Licence Agreement shall control.

RECLAMAÇÕES DE DIREITOS AUTORAIS

Holsag and its affiliates and subsidiaries respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email support@holsag.com.

CONTRATO DE EMBARQUE

Todos os itens comprados da Holsag são feitos de acordo com um contrato de remessa. Isso significa que o risco de perda e título de tais itens passa para você no momento da nossa entrega à transportadora.

SUA CONTA

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Holsag does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may not use the website. If you are under 18, you should have a parent or guardian use the website on your behalf; additionally, children under the age of 13 shall not register or provide any personal information to Holsag or register personal information on the website. Holsag and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Você declara e garante que tem pelo menos 18 anos de idade e possui capacidade legal para entrar nestes Termos de Uso.

AVALIAÇÕES, COMENTÁRIOS, COMUNICAÇÕES E OUTROS CONTEÚDOS

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Holsag reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Holsag a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant holsag.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Holsag or its affiliates for all claims resulting from content you supply. Holsag has the right but not the obligation to monitor and edit or remove any activity or content. Holsag takes no responsibility and assumes no liability for any content posted by you or any third party.

Holsag cannot, and does not, warrant or guarantee in any way, the truthfulness, accuracy, or reliability of any communications posted by another nor does Holsag endorse any opinions expressed by any other. You acknowledge that any reliance on material contained in communications posted by others will be solely at your own risk.

Você é o único responsável por todas e quaisquer consequências e danos diretos e/ou indiretos, previsíveis ou não, decorrentes da transmissão de suas comunicações e/ou do uso de comunicações postadas ou transmitidas por terceiros.

DESCRIÇÕES DO PRODUTO

Holsag attempts to be as accurate as possible. However, holsag.com does not warrant those product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by holsag.com itself is not as described, your sole remedy is to return it in unused condition. All returns shall be made pursuant to our Return Policy.

PREÇOS

Except where noted otherwise, the price displayed for products on our website represents the price listed for the product. Generally, product sales will be subject to applicable sales tax and shipping charges. As such, we cannot confirm the final (after tax and shipping) price of an item until you order and has been confirmed with the inclusion of applicable sales tax and shipping charges. We do not charge your credit card for a purchase until after your order has entered the shipping process.

Despite our best efforts, a small number of the items in our catalog or on the website may be mispriced. If we discover a mispricing, we will do one of the following: If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you with instructions before shipping or cancel your order and notify you of such cancellation.

Quaisquer solicitações de reembolso devem ser feitas de acordo com nossa Política de Reembolso, que está incorporada a estes Termos de Uso.

DISENÇÃO DE GARANTIAS E LIMITAÇÃO DE RESPONSABILIDADE

THIS WEBSITE IS PROVIDED BY HOLSAG ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLSAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE OR THE ACCURACY THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLSAG DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. HOLSAG DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HOLSAG WILL OPERATE UNINTERRUPTED OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HOLSAG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION RESULTING FROM THE USE (OR INABILITY TO USE) OF THIS WEBSITE, FOR LOST DATA, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH ANY THIRD PARTY LINKED WEBSITES, OR ANY MATERIALS POSTED ON OR TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES.

CERTAS LEIS ESTADUAIS NÃO PERMITEM LIMITAÇÕES DE GARANTIAS IMPLÍCITAS OU A EXCLUSÃO OU LIMITAÇÃO DE CERTOS DANOS. SE ESTAS LEIS SE APLICAREM A VOCÊ, ALGUMAS OU TODAS AS ISENÇÕES, EXCLUSÕES OU LIMITAÇÕES ACIMA PODEM NÃO SE APLICAR A VOCÊ, E VOCÊ PODE TER DIREITOS ADICIONAIS.

IN THE EVENT HOLSAG IS FOUND LIABLE TO YOU, HOLSAG’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS, THE WEBSITE, AND SOFTWARE, IS LIMITED TO ANY FEE PAID BY YOU (IF ANY).

INDENIZAÇÃO

You agree to defend, indemnify, and hold harmless Holsag, Holsag’s affiliates, and Holsag and Holsag’s affiliates’ officers, directors, employees and agents, from and against any claims, actions or demands, including, but not limited to, reasonable legal and accounting fees, arising or resulting from your use of the website or your breach of these Terms of Use.

CONFORMIDADE COM LEIS E REGULAMENTOS ESTRANGEIROS

This Website is based in the United States of America. However, access to, and/or use of, the materials and software may be prohibited in certain countries. Accordingly, Holsag makes no claim or representation that the materials or software may be legally downloaded or used outside of the United States. If you access the website from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of any and all jurisdiction(s) wherein such downloading and/or use occurred.

LEI APLICÁVEL

By visiting the Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and holsag.com or its affiliates. Furthermore, you agree that the courts of Utah shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder, and you expressly consent to such exclusive jurisdiction and venue before the proper authority in Utah.

DISPUTAS

Any dispute relating in any way to your visit to holsag.com or to products you purchase through holsag.com shall be submitted to confidential arbitration in Orem, Utah, except that, to the extent you have in any manner violated or threatened to violate Holsag’s intellectual property rights, Holsag may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

DANOS E ISENÇÕES

You understand and acknowledge that the website, software, and materials may include errors and omissions, and that Holsag makes NO representation, warranty, or guarantee of any kind as to the accuracy, reliability, completeness, or timeliness of the materials, the software, or the website, functions made accessible by or accessed through the website, products or services made available on or through any third-party linked websites, or any materials posted on or transmitted through the website by third parties.

Holsag does NOT warrant that the operation of the website, software, or materials will be uninterrupted or error-free. Nor does Holsag warrant that any defects on the website, software, or materials will be corrected, or that the website, software, or materials are free from computer viruses, infections, worms, time bombs, trojan horses, or other destructive or disruptive code, routines, or programs.

In no event shall Holsag be liable for any direct, indirect, incidental, or consequential damages, lost profits, or business interruption resulting from last date, or the use or inability to use the website, materials, or software functions made accessible by or accessed through the website, products or services made available on or through any third-party linked websites, or any materials posted on or transmitted through the website by third parties.

You understand that you use the website and materials at your own risk and that you alone are responsible for the results obtained through such use.

INCORPORAÇÃO POR REFERÊNCIA; DIVISABILIDADE

Please review our other policies posted on this website as such are incorporated herein to these Terms of Use. If any provision of these Terms of Use, including the incorporated policies herein, shall be deemed invalid, void, or for any reason unenforceable, such shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

TOTAL ACORDO

These Terms of Use constitute the entire agreement between you and Holsag and supersede all prior agreements and negotiations that relate to the subject matter of these Terms of Use, whether oral or written, between you and Holsag, except as expressly provided in other material on a particular web page of the website. You acknowledge that no promise, representation, warranty, or covenant not included in these Terms of Use has been or is relied upon. You have relied upon your own examination of the full Terms of Use, incorporated policies, and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Terms of Use itself.

TERMINAÇÃO

In its sole discretion, Holsag may terminate your access to the website, materials, or software, if, in Holsag’s judgment, continuation of such access would in any way be inconsistent with the purposes or terms of these Terms of Use, and/or with the operation and/or functioning of the website, software, or materials, systems, programming, practices, and procedures relating thereto. Notwithstanding anything to the contrary in these Terms of Use, Holsag is not required to give any notice prior to such termination.

In the event that you breach these Terms of Use, your permission to use the materials, website, and software is automatically terminated, and you shall immediately destroy any and all copies, however such may be embodied, that you have made of the materials and software.

Without limiting the availability of any other remedies available to Holsag, Holsag may suspend or terminate your access to the materials, website, and software, if you are found, by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with the website, materials, or software, or software, systems, programming, practices, and procedures relating thereto.

If you fail for any reason to pay, when due, any amount due and owing by you to Holsag, then Holsag, in its sole discretion, may immediately and without notice to you, suspend or terminate your access to the materials, website, and software. Such action(s) by Holsag may remain in effect, at Holsag’s discretion, until you pay all amounts owed to Holsag. The foregoing is not intended to limit or foreclose, in any way, any other right or remedy Holsag may have at law or in equity.

RENÚNCIA

A waiver by either party of a breach of any term or condition of these Terms of Use shall not constitute a waiver of any further breach of a term or condition of these Terms of Use, and no waiver shall be effective unless in writing signed by the party.

CUSTO E TAXAS DE PADRÃO 

If either party defaults in the performance of its obligations under these Terms of Use, then the defaulting party agrees to pay reasonable costs and lawyers’ fees to enforce these Terms of Use.

ATRIBUIÇÃO

These Terms of Use shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Notwithstanding the immediately preceding sentence, you agree not to assign, transfer, or sublicense any portion of your rights, duties, or obligations under these Terms of Use, and any such assignment, transfer, or licence shall be void ab initio. However, Holsag shall have the right to assign these Terms of Use in whole or in part without your prior written consent. Finally, either party may assign these Terms of Use without the consent of the other where substantially all of such party’s assets are acquired through merger, acquisition, or other business combination.

NOSSO ENDEREÇO 

Holsag Canadá
Rua Needham, 164
Lindsay, ON
K9V 5R7 

Telefone: 888-745-0721
Fax: 705-878-1864 

E-mail: sales@holsag.com