Kanar Inc Web Site Terms
And Conditions
Disclaimer
This site is provided
by Kanar Inc ("Kanar") on an "as is" basis solely and
expressly for pre-screened and pre-approved customers of Kanar, known as
"members of www.kanaronline.com". Kanar makes no representations or
warranties of any kind, express or implied, as to the operation of the site, or
the information, content, materials or products, included on this site. This
site and the descriptions of products and services herein may be updated or
revised at any time, and may contain typographical or technical inaccuracies.
To the full extent permissible by applicable law, Kanar disclaims all
warranties, express or implied, including but not limited to, implied
warranties of merchantability and fitness for a particular purpose in connection
with the use of this site and the description of products and services
contained herein. In no event will Kanar be liable for incidental, special, or
consequential damages of any nature arising directly or indirectly in
connection with, or as a result of, the use of this site by any party.
By using this site,
you agree: a) to maintain all equipment required for your access to and use of
www.kanaronline.com; b) to maintain the security of your member identification,
password and other confidential information relating to your
www.kanaronline.com account; c) to be responsible for all charges resulting
from use of your www.kanaronline.com account, including unauthorized use. Kanar
reserves the right to terminate or suspend the www.kanaronline.com account and
its use by any party at any time, with or without cause or prior notice.
Copyright
All content included
on this site, including text, graphics, logos, button icons, images, audio
clips and software (and the compilation, assembly and arrangement thereof), is
the property of Kanar or its content suppliers and is protected by U.S. and
international copyright laws. Such site content may be used as a purchasing
resource for pre-screened and pre-approved customers of Kanar only. Any other
use, including the reproduction, modification, distribution, transmission,
republication or display of the content on this site is strictly prohibited.
Licenses and
Trademarks
Kanar and it's parent
company is the owner of numerous trademarks, service marks, designs, patents
and proprietary properties. Kanar's registered trademarks may include, but are
not limited to, the following: Kanar, . Other trademarks used on this site are
the properties of their respective owners. No Kanar Intellectual Property or
trademarks, information, or images provided on this site may be used,
reproduced or distributed without explicit written permission of Kanar.
Age Restriction
All Customers that are created must be at least 18 years old
in order to create a Kanar Inc Web services account.
Applicable Law
This site is created
and controlled by KANAR Inc in the State of New Jersey, USA and the laws of the
State of New Jersey will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws. Kanar reserves
the right to make changes to this site and any disclaimers or terms and
conditions contained herein at any time.
Using Payment functionality
In order to use the payment functionality of KANAR Inc Web application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize KANAR Inc to collect and share with Dwolla your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at www.kanaronline.com, [email protected] and/or 201-933-2800.
Prohibited Account Activities. You shall not use your Payment Services to: (i) engage in illegal or fraudulent activities; (ii) benefit any country, organization, entity, or person embargoed or blocked by any government, including those on the sanctions lists maintained by the U.S. Office of Foreign Asset Control (OFAC); or (iii) engage in transactions related to or in furtherance of the following activities (“Prohibited Activities”):
Sale or purchase of illegal goods, including but not limited to stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety;
Marijuana-related businesses (including but not limited to manufacturers, dispensaries, and those engaged in the business of marketing, buying, growing, selling, or otherwise promoting medical or recreational marijuana;
Illegal services, including but not limited to counterfeit services, illegal gambling, Ponzi or pyramid schemes, and money laundering;
Adult entertainment, including but not limited to escort services, encounter clubs, and pornographic products and services;
Debt collection, relief, or counseling;
Gun sellers and firearm or ammunition sales;
Unlicensed or unregistered Money Services Businesses, as that term is defined at 31 C.F.R. 1010.100(ff) and under corresponding state regulations;
White label ATM services; and Promotion of hate, violence, harassment, or abuse.
In addition to the above Prohibited Activities, we reserve the right to suspend your ability to use payment related services or terminate this Agreement in the event that you are using payment related services to conduct any activity we determine to be high risk or to expose us or other clients or customers to an unacceptable level of risk. If we learn or suspect that you are using Payment Services for any illegal or fraudulent purpose, we may share your information with any government or regulatory authority, financial institution, or law enforcement agency we deem necessary to fulfill our obligations to comply with applicable laws.
Terms and Conditions
of Sale
All transactions
involving the sale of Kanar products or services through the use of this site
are subject to Kanar's standard terms and conditions of sale as they appear on
Kanar's web site, invoice and order acknowledgment forms. The use of this site
as a purchasing resource for any Kanar customer shall constitute such
customer's acceptance of Kanar's standard terms and conditions of sale,
notwithstanding any contradictory terms and conditions which may appear on the
customer's forms, or otherwise.
- All transactions involving the sale of Kanar products
or services through the use of this site are subject to Kanar's standard
terms and conditions of sale as they appear on Kanar's web site, invoice
and order acknowledgment forms. The use of this site as a purchasing
resource for any Kanar customer shall constitute such customer's
acceptance of Kanar's standard terms and conditions of sale,
notwithstanding any contradictory terms and conditions which may appear on
the customer's forms, or otherwise.
- LIMITATION OF WARRANTIES. Unless an express written
warranty is otherwise furnished by the Seller by a separate document, the
Seller makes no warranty, express or implied, with respect to the goods
sold and/or the services rendered by the Seller here under. ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANT ABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM
THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES OR DELAY. THIS DISCLAIMER
OF CONSEQUENTIAL DAMAGES WILL CONTINUE IN FULL FORCE AND EFFECT EVEN IF
THE BUYER'S LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In the event
any component or part of the goods sold and/or services rendered here
under have not been manufactured by the Seller, the Seller's sole
obligation shall be limited to making available to Buyer any existing
applicable warranty of the manufacturer to such component or part to the
extent Seller can do so.
- ENTIRE AGREEMENT. No agent, employee or representative
of the Seller has any authority to bind the Seller to any affirmation,
representation or warranty concerning the goods sold under this contract,
unless such affirmation, representation or warranty is specifically
included within this agreement. No modification or alteration of the
forgoing disclaimer of warranty and limitation of remedies provisions
shall be valid or enforceable unless set forth in a separate document
issued and executed by the Seller.
- INDEMNIFICATION. In the event Buyer fails to disclaim
any warranty with respect to any articles sold here under, Buyer shall
indemnify and hold Seller harmless from any and all liability, costs and
expenses to which Seller may be subjected as a result of Buyer's failure
to so disclaim its express or implied warranties.
- RISK OF LOSS; TITLE. The goods sold here under shall be
at risk of the Buyer upon delivery by the Seller to the carrier F.O.B.
shipping point. Title to the goods sold here under shall remain in Seller
until payment in full by the Buyer.
- DELAYS BEYOND SELLER'S CONTROL. Seller shall not be
responsible for delays in performance caused by delays at manufacturing
plants, or in transportation or due to strikes, fires, floods, storms,
war, insurrections, riots, any government regulation, order, act or
instruction, or any other circumstances beyond the Seller's reasonable
control.
- SERVICE CHARGE: TERMS OF PAYMENT; COLLECTION ACTIONS.
Any account not adhering to the payment terms on the face hereof will be
subject to a service charge of 1 ½ Ͽer month on the unpaid balance. Unless otherwise
indicated on the face hereof payment terms are net 30 days. If Seller
commences an action to collect amounts due on this account, Buyer will
indemnify and hold Seller harmless from all expenses incurred in
connection therewith, including attorney's fee.
- SURVIVAL OR TERMS. To the extent any provision hereof
is held invalid, then that provision shall be deemed to be deleted, and
the remaining provisions hereof shall remain in full force and effect.
- RETURNED GOODS. IMPORTANT. A 35$ handling or restocking
charge, after inspection and in the opinion of the Seller, can be made
upon all goods returned for credit. Goods returned for credit must be
returned within five (5) days after receipt and must be accompanied by our
Invoice Number and date of purchase.
- FOREIGN SHIPMENT. In the event this sale involves
foreign shipment, the Seller declares this invoice to be true and correct
in every respect and declares the goods described on the reverse side
hereof to be the product of the industry of the United States of America,
except as otherwise noted.
- LIMITATION OF ACTIONS. Buyer agrees that any action of
any kind by the Buyer against the Seller must be commenced, if at all,
within one (1) year after the date of delivery.