Terms of Service
kolev.com | ROLLFORMING101.COMkolev.com website is owned and operated by Kolev Engineering Inc. – a roll forming machinery designer and manufacturer. Kolev Engineering Inc. (“KEI”) provides its websites and services (hereafter referred to as, “Websites” and “Services”) to you subject to the following Terms of Service Agreement (“Agreement”). You must read the Terms of Service carefully and accept the Agreement before using the KEI Websites and Services. If you do not agree with all the terms and conditions, do not use the KEI Websites and Services, as a violation of the Terms of Service can lead to legal liability.
Acceptance
By using the Kolev Engineering Inc. Websites and Services, you represent and warrant you have the full right, authority, and capacity to enter into this Agreement, and you must agree, whether a Website visitor (“Visitor”) or a KEI client (“Client”), to all Terms of Service as stated below. KEI at its discretion, as needed, may change or add to these Terms of Service. You must check and accept the Terms of Service periodically as they may change over time, and you must agree that you are bound by such changes. Your continued use of the Websites and Services after the effective date of such changes indicates your acceptance of the amendments of the Terms of Service Agreement.
Use of Websites and Services
Kolev Engineering Inc. provides you access to the listed above Websites and Services on an “AS IS” basis and makes no representations or warranties of any kind, express or implied with respect to that Websites or Services. Furthermore, KEI can not and does not guarantee absolute security and privacy to users of its Websites, which is a part of the global network Internet and assumes no responsibility for failure to assure absolute Websites security and privacy.
The Websites may offer access to certain features or services, including but not limited to a request for insurance quotation, contact request form submission, and application wizards. In such cases, you may be required to provide personal information (see our Privacy Policy) and set up a username and password. You agree that you are entirely responsible for maintaining the confidentiality of your account information and password and for all activities that occur under your account or password. You also agree not to sell, transfer or assign your account. Kolev Engineering Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Any computer software, which may be downloaded or is otherwise available from the Websites, is licensed and subject to the terms of its associated license agreement only unless expressly stated otherwise.
Links to Third Party Websites
The Websites may contain links to other websites that KEI does not own or control. Kolev Engineering Inc. makes no representations or warranties with respect to any non-KEI website that may be accessed from the Websites.
Disclaimer of Warranties
The Websites, their Content, and Services are provided on an “AS-IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. Your use of the Websites, their Content and Services are at your own discretion and sole risk. All the information and Content published by Kolev Engineering Inc. and all Websites’ Features and Services are subject to change without notice. Kolev Engineering Inc. expressly disclaims all warranties of any kind, whether expressed or implied, including without limitation of any warranty of merchantability, fitness for particular purpose and non-infringement. Kolev Engineering Inc. does not represent or warrant that: (1) the Websites, their features, Content, Services, Software, and third party products and services purchased OR OTHERWISE OBTAINED through the Websites will meet your expectation or requirements, (2) the access to the Websites and their features, Content, and Services will be uninterrupted, secure, error-free, or assure the set level of privacy (3) the information or results obtained from the use of the Websites and their Content and Services will be accurate, comprehensive, or reliable. By using the Websites, you assume total responsibilities for your use of their Content, Services, Software, and third-party products and services purchased OR OTHERWISE OBTAINED through the Sites.
Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Kolev Engineering Inc. OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS AND PERSONAL INFORMATION, OR ANY OTHER PECUNIARY LOSS) AND HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES, THEIR CONTENT, SERVICES, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES, EVEN IF Kolev Engineering Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO NOT HOLD Kolev Engineering Inc. LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. IF YOU ARE DISSATISFIED WITH THE USE OF THE WEBSITES, THEIR CONTENT, AND SERVICES OR YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE; THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES, THEIR CONTENT, AND SERVICES. YOU ALSO SPECIFICALLY AGREE NOT TO SEEK ANY PUNITIVE OR EXEMPLARY DAMAGES.
Indemnity
You agree to indemnify and to hold harmless Kolev Engineering Inc., specifically its officers, managers, employees, representatives, agents, subsidiaries, affiliates, and partners from and against any and all claims, causes or action, losses, damages, suits and liabilities of every kind whatsoever, including all expenses of litigation, court costs and attorneys’ fees (including, but not limited to, all expenses of litigation and attorneys’ fees incurred by the Kolev Engineering Inc. in enforcing the provisions of this Agreement), arising out of or from, incident to, or resulting from the use of the Kolev Engineering Inc. Websites and Services or any transaction related thereto. Kolev Engineering Inc., in its sole discretion, shall select counsel to defend any action pursuant to this Agreement.
Miscellaneous
If any part or provision of Terms of Service is found to be unenforceable or void, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in effect. The Terms of Service shall be construed under the laws of the Ontario Province, Canada. You have specific legal rights under this document and may have other rights that vary from state to state.
How to Contact Kolev Engineering Inc.
Should you have questions or concerns about the Terms of Service (TOS), please write us at:
Kolev Engineering Inc.
4-7125 Pacific Circle
Mississauga, ON L5T 2A5, Canada
© Kolev Engineering Inc. All Rights Reserved.