Terms & Conditions

ACCEPTANCE OF TERMS OF USE

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 “Web Site”), you agree that you accept these Terms of Use. If you do not accept all of the Terms of Use, do not use the Web Site. Your use of the Web Site 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 Web Site, you also will be subject to the guidelines and conditions applicable to such service or business, including these Terms of Use. 

MODIFICATIONS OF TERMS OF USE

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 Web Site. Your continued use of the Web Site, 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 Web Site periodically to review the Terms of Use by which you are bound. 

PRIVACY POLICY 

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

DEFINITIONS 

Materials – The “Materials” include the contents of the Web Site 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 Web Site, 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. 

ACCESS TO WEBSITE 

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

USE OF WEBSITE 

You agree not to compromise, or attempt to compromise in any way, the operation or accessibility of the Web Site 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 Web Site, 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 Web Site; (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. 

ELECTRONIC COMMUNICATIONS 

When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. 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 Web Site, 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 Web Site. 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 TO THIRD PARTY MATERIALS

The Web Site 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 authorized 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 authorized 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 web sites associated therewith. 

COPYRIGHT

All content included on this Web Site, 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 Web Site is the exclusive property of Holsag and protected by the U.S. and international copyright laws. All software used on this Web Site is the property of Holsag or its software suppliers and protected by the United States and international copyright laws. 

TRADEMARKS

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 Web Site 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. 

PATENTS

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 recognize 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. 

LICENSE AND SITE ACCESS 

Holsag grants you a limited license to access and use this Web Site 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 license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site 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 Web Site or any portion of this Web Site 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 utilize 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” utilizing Holsag’s name or trademarks without the express written consent of Holsag. Any unauthorized use or use inconsistent with these Terms of Use terminates the permission or license 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. 

SOFTWARE LICENSE 

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 license agreement or the designated legal notice that accompanies the Software (“Software License Agreement”). By downloading such Software, you agree unconditionally to be bound by all the terms of the Software License Agreement as well as these Terms of Use. In the event of a conflict between the Terms of Use and the Software License Agreement, the terms and provisions of the Software License Agreement shall control. 

COPYRIGHT COMPLAINTS

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. 

SHIPMENT CONTRACT

All items purchased from Holsag are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

YOUR ACCOUNT

If you use this Web Site, 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 Web Site. If you are under 18 you should have a parent or guardian use the Web Site 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 Web Site. Holsag and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

You represent and warrant that you are at least 18 years old and possess the legal capacity to enter into these Terms of Use. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

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 e-mail 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. 

You are solely responsible for any and all direct and/or indirect consequences and damages, whether foreseeable or otherwise, arising in connection with the transmission of your communications and/or the use of communications posted or transmitted by others. 

PRODUCT DESCRIPTIONS

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. 

PRICING

Except where noted otherwise, the price displayed for products on our Web Site 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 Web Site 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. 
Any claims for a refund must be done pursuant to our Refund Policy, which is incorporated into these Terms of Use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE 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 WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE OR THE ACCURACY THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE 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. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

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). 

INDEMNIFICATION

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 Web Site or your breach of these Terms of Use. 

COMPLIANCE WITH FOREIGN LAWS AND REGULATIONS

This Web Site 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 Web Site 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. 

APPLICABLE LAW

By visiting the Web Site, 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. 

DISPUTES

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. 

DAMAGES AND DISCLAIMERS

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

Holsag does NOT warrant that the operation of the Web Site, Software or Materials will be uninterrupted or error-free. Nor does Holsag warrant that any defects in the Web Site, Software or Materials will be corrected, or that the Web Site, 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 Web Site, Materials or Software functions made accessible by or accessed through the Web Site, products or services made available on or through any third party linked websites, or any materials posted on or transmitted through the Web Site by third parties. 

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

INCORPORATION BY REFERENCE; SEVERABILITY

Please review our other policies posted on this Web Site 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. 

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the you and Holsag and supersedes all prior agreements and negotiations that relate to the subject matter of these Terms of Use, whether oral or written, between the you and Holsag, except as expressly provided in other material on a particular web page of the Web Site. 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. 

TERMINATION

In its sole discretion, Holsag may terminate your access to the Web Site, 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 Web Site, Software, or Materials or software, 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, Web Site, 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, Web Site, 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 Web Site, 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, Web Site, 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. 

WAIVER

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. 

COST AND FEES UPON DEFAULT 

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 attorneys’ fees to enforce these Terms of Use. 

ASSIGNMENT

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 license 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. 

OUR ADDRESS 

Holsag Canada
164 Needham Street
Lindsay, ON
K9V 5R7 

Ph: 888-745-0721
Fax: 705-878-1864 

Email: sales@holsag.com