Terms and responsibility
C-POLAR and NanoFlashing™ questions, with the company’s answers and the sources they come from.
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All questions in this libraryDoes the technology website sell products or accept orders?
No. The Site is informational only.
The Terms of Use state: “The Site is informational only. It does not sell products, accept orders, quote binding prices, or process payments.” They define Site as only the public technology-marketing pages that display or link to them, and they state that Site does not include shop.cpolartechnologies.com, shopusa.cpolartechnologies.com, another online store that displays separate terms, or a C-POLAR page hosted on a third-party platform. Those two stores are C-POLAR's own. 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, section 1, https://cpolar.tech/terms/.
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Do the technology website's Terms govern purchases from its linked stores?
No. A purchase from a linked store is governed only by the terms presented in that store.
The Terms of Use state: “A link between the Site and a separate store does not bring the store under these Terms. The store and every purchase from it are governed only by the terms presented there.” They also state that Site does not include shop.cpolartechnologies.com, shopusa.cpolartechnologies.com, another online store that displays separate terms, or a C-POLAR page hosted on a third-party platform. Those two stores are C-POLAR's own. Section 17 states that these Terms do not replace a Separate Agreement, an express written C-POLAR warranty, or the terms of a separate online store. 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 1 and 17, https://cpolar.tech/terms/.
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Does merely viewing an ungated public page mean the Terms have been accepted?
No. Merely viewing an ungated public page does not mean the Terms have been accepted.
The Terms of Use state: “These Terms become a contract only when you affirmatively accept them through a Site screen that clearly identifies your action as acceptance. Merely viewing an ungated public page does not mean that you accept these Terms.” They describe how acceptance is taken: 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 of the Terms then in effect, and that version is accepted by checking the box and submitting the form. For an automated system, the Terms state that where C-POLAR gives its operator actual written notice that continued automated access is offered only under these Terms, continued access after that notice is acceptance by that operator.
Source: C-POLAR — Terms of Use, section 2, https://cpolar.tech/terms/.
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What do the Terms mean by a Separate Agreement?
A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.
The Terms of Use define it in those words. They state that a prospective partner may rely only on a commitment stated in a Separate Agreement, and that accessing the Site or contacting C-POLAR through the Site does not create a partnership, agency, joint venture, distribution right, supply commitment, license, exclusive right, or other business relationship. They also state that where the Terms conflict with a Separate Agreement or an express written C-POLAR warranty, that document controls.
Source: C-POLAR — Terms of Use, sections 1, 5 and 6, https://cpolar.tech/terms/.
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Do these Terms govern a finished product's delivery, installation, return, warranty, or use?
No. The Terms of Use do not govern the sale, delivery, installation, return, warranty, or use of a finished product.
The Terms of Use state it in those words, and add: “C-POLAR markets a materials technology. Unless a Separate Agreement expressly says otherwise, C-POLAR is not the manufacturer or seller of a finished product merely because that product uses or refers to C-POLAR technology.” They also state: “The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement.” 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, section 6, https://cpolar.tech/terms/.
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What controls if the Terms conflict with a Separate Agreement or express written C-POLAR warranty?
The Separate Agreement or the express written C-POLAR warranty controls.
The Terms of Use state: “If these Terms conflict with a Separate Agreement or an express written C-POLAR warranty, that document controls.” Section 17 states that the Terms are the whole agreement about use of the Site and Site Content, and that they do not replace a Separate Agreement, an express written C-POLAR warranty, or the terms of a separate online store. The Terms of Use name two such stores, shop.cpolartechnologies.com and shopusa.cpolartechnologies.com; those two stores are C-POLAR's own. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer. 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 1, 6 and 17, https://cpolar.tech/terms/.
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Does the finished-product section remove rights given by law?
No. The finished-product section of the Terms ends: “Nothing in this section removes a right that the law gives you.”
The same idea appears in two other places: section 14 states that the liability limits do not apply to a violation of law or statutory right that cannot be limited, or to another liability that applicable law does not allow the parties to limit, and section 16 states that mandatory consumer rights that cannot be waived remain in force.
Source: C-POLAR — Terms of Use, sections 6, 14 and 16, https://cpolar.tech/terms/.
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Does the technical-operation section remove responsibility for factual advertising statements?
No. The technical-operation section states that it does not limit responsibility for a factual advertising statement that applicable law requires to be truthful and supported when made.
That section covers the technical operation of the Site, which is provided “as is” and “as available” to the fullest extent the law allows, and it states that the C-POLAR Parties do not promise that Site operation will be uninterrupted, secure, compatible with every device, or free from technical error, viruses, or other harmful components. It also states that Site Content may become outdated after the publication or review date shown with it, that each scientific or technical result must be read in light of its test conditions and qualifications, and that it does not change an express C-POLAR warranty in a Separate Agreement.
Source: C-POLAR — Terms of Use, section 13, https://cpolar.tech/terms/.
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What exceptions accompany the Terms' liability limits?
Six exceptions accompany the limits, and the Terms state that they control over every other sentence in that section.
The Terms of Use state that the limits do not apply to fraud; willful misconduct or willful injury; gross negligence; death or personal injury caused by negligence; a violation of law or statutory right that cannot be limited; or another liability that applicable law does not allow the parties to limit. The section also states that the combined total monetary liability of all C-POLAR Parties for all claims arising out of or relating to the Site or Site Content will not exceed 100 U.S. dollars, that the limits apply to ordinary negligence whatever a claim is called, and that they do not replace the liability terms in a Separate Agreement or an express written C-POLAR warranty.
Source: C-POLAR — Terms of Use, section 14, https://cpolar.tech/terms/.
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Do the Terms preserve a consumer's mandatory right to another court?
Yes.
The Terms state that if mandatory consumer law gives a consumer the right to use another court, that right controls.
Section 16 otherwise sets Nevada law and applicable United States federal law, and requires any lawsuit to be filed in the state courts located in Clark County, Nevada, or in the United States District Court for the District of Nevada. The same section states that mandatory consumer rights that cannot be waived remain in force, and it sets a written notice describing the material facts, the legal basis and the relief requested, sent to [email protected] with the subject “Legal Notice” and by a tracked delivery method to the company's notice address, with a wait of 30 days after receipt before filing.
Source: C-POLAR — Terms of Use, section 16, https://cpolar.tech/terms/.
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Is Site Content medical, clinical, engineering, or manufacturing advice?
No. Site Content is general information, and it is not medical, clinical, engineering, manufacturing, safety, or other professional advice.
The Terms of Use state it in those words, and add: “Do not use Site Content to diagnose, treat, or make a patient-care or infection-control decision. Do not delay or replace professional care because of Site Content,” and: “Do not use Site Content to select, design, manufacture, validate, or make claims for a finished product.” They also state: “Use evidence, specifications, instructions, and warnings specific to the actual finished product and use.”
Source: C-POLAR — Terms of Use, section 3, https://cpolar.tech/terms/.
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