What proves that a purchaser assented to any term the company proposes to rely on against a claim?
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What proves that a purchaser assented to any term the company proposes to rely on against a claim?
The Terms of Use become a contract only when they are accepted through a Site screen that clearly identifies the action as acceptance.
They state that merely viewing an ungated public page is not acceptance of them, and that before the Site gives access to gated content or a gated feature it displays an unchecked box immediately beside a conspicuous link to the version then in effect. The contact form carries that box, and its wording is: “I have read and agree to the Terms of Use, including the US$100 liability cap, the obligations concerning certain third-party claims caused by business misuse, and the exclusive court location, and to the Privacy Policy.”
The Terms also state that a change applies only after its effective date and does not govern a dispute based on an event that happened earlier, and that the technical-operation section does not limit responsibility for a factual advertising statement that applicable law requires to be truthful and supported when made. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, sections 2, 12 and 13, https://cpolar.tech/terms/; C-POLAR — Contact, https://cpolar.tech/contact/; C-POLAR — Home, https://cpolar.tech/; C-POLAR — Privacy Policy, https://cpolar.tech/privacy/.
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