Disclaimer & Privacy Policy

The following are the terms of the agreement between GUTZ EMS Inc. ("Company") and the buyer ("Buyer") of goods or services through the Company's Web site (the "Site"). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete, and (ii) charges incurred by the Buyer shall be honoured by the Buyer's credit card company, and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

3. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

5. Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensers and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

6. Disclaimer.

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

7. Refund Policy

If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 7 sets forth Buyer's sole and exclusive right to refund.

8. Miscellaneous

This Contract shall be treated as though it were executed and performed in Vancouver British Columbia, and shall be governed by and construed in accordance with the laws of Canada and of the (Province or State) of British Columbia (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 6. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Vancouver, British Columbia, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extraterritorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

9. Links

This site may contain links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by GUTZ EMS Inc.

10. Credit Card Security

GUTZ EMS Inc. uses technology that ensures your personal and payment information is kept confidential and secure. When you provide GUTZ EMS Inc. with any personal information - your name, address, e-mail and credit card number - it is done with the utmost trust.

11. Privacy

We respect the privacy of our customers. GUTZ EMS Inc. will not sell or otherwise disclose any information gathered on its web site to any third parties. As a visitor to www.gutz.com, our website automatically recognizes your Internet service provider, but cannot be identified as an individual. Information gathered through our web site and web store is used only for statistical purposes to help improve our web site to better serve our customers. Names and e- mail address will only be use to contact customers in case there are questions regarding your comments, online orders or if you have requested further information.