Terms & Conditions

  1. USE OF THE WEBSITES

Walter Surface Technologies and its affiliates and subsidiaries (together "our", "us" or "we") operates www. walter.com (for Canada, United States, Mexico and Brazil), https://aerochem.myshopify.com,  https://walter-surface-technologies.myshopify.com as well as all other domain names owned by us which point to these addresses (the "Websites" for commercial use and information. Your use of the Websites is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Websites. The expression "Websites" also includes the as such expressions are defined herein.

Walter Surface Technologies reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Websites without prior written notice at any time, and from time to time, at Walter Surface Technologies sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Websites by posting notice of same on the Websites. Following the posting of any such notice, your continued use of the Websites will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of These Terms may be superseded by legal notices or terms located on particular pages of the Websites.

Walter Surface Technologies products and services available through the Websites (the "Product" or the "Products") may be ordered by persons who reside in Canada, the United States (at https://walter-surface-technologies.myshopify.com) and in other countries or territories as we may determine. You are responsible to ensure that your access to the Websites and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the Websites and such information and material.


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.


YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.


  1. ACCEPTABLE USE POLICY

As a condition of your use of the Websites, you hereby represent and warrant to Walter Surface Technologies that you:


will only use the Websites for lawful purposes in accordance with the Terms and our online Privacy Policy;

agree to honour our intellectual property rights;

agree to provide us with accurate information as necessary for the proper conduct of the Websites, and to take responsibility for the information you provide;

acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;

agree not to create a link (other than personal "bookmark" or "favourites" entry) to the Websites without first obtaining our written permission;

will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Websites; and

shall not interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms.

  1. PRIVACY

Our privacy practices respecting the information we collect during your visit to the Websites are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of the Websites implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the Websites in accordance with the terms of and for the purposes set forth in our Privacy Policy, as may be amended from time to time.


  1. NO USE BY MINORS

The Websites are intended for use by adults only. If you use the Websites to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Websites and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Websites on your behalf and you should not use the Websites on your own or provide any personal information to Walter Surface Technologies. We do not knowingly collect information from children under the age of 13.


  1. MOBILE APPLICATIONS

Walter Surface Technologies mobile applications for download to your mobile device (the "Apps") are subject to all sections of these Terms, where applicable.

  1. Walter Surface Technologies standard Return/Exchange Policy applies:                                 

Returns: If you are not satisfied with your purchase for any reason you can request and receive a full refund. You will be refunded the complete amount that was charged to your method of payment for the item you are returning. 

Exchanges: Due to the category and type of product we do not perform exchanges, upon refunding your original item you can initiate a new purchase of the the desired item.                                                             

  1. PRODUCT INFORMATION

Products which may be purchased from the Websites are available for sale and distribution to customers in Canada, the United States and other countries or territories where Walter Surface Technologies deems it advisable. We attempt to ensure that information on our Websites is complete, accurate and current. Despite our commercially reasonable efforts, information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Websites.

In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

All features, content, specifications, products and prices of Products described or depicted on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. WALTER SURFACE TECHNOLOGIES attempts to be as accurate as possible in describing all Products available for sale and/or distribution by WALTER SURFACE TECHNOLOGIES. However, WALTER SURFACE TECHNOLOGIES does not warrant that Product descriptions or other content of the Websites are accurate, complete, reliable, current or error-free. We make commercially reasonable efforts to accurately display the attributes of our Products. WALTER SURFACE TECHNOLOGIES cannot guarantee that your monitor will display the exact, actual colour of a Product displayed.


  1. PRODUCT AVAILABILITY

Products which may be purchased from the Websites are available for sale and distribution to customers these Products will be available at that time as at any other time. The availability of certain Products may be limited, and Products may not be available for immediate sale. WALTER SURFACE TECHNOLOGIES may revise or cease to make available any Products at any time without prior notice. In the event that WALTER SURFACE TECHNOLOGIES is unable to deliver to you a Product you have ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that WALTER SURFACE TECHNOLOGIES may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the Product becomes available.

  1. PRODUCT ORDERS

Products which may be purchased from the Websites are available for sale and distribution to customers Before submitting an order for the purchase of Products using the Websites, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.

When you submit your order, (by pressing the "Place Order" button) such order will constitute an offer from you to WALTER SURFACE TECHNOLOGIES to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on WALTER SURFACE TECHNOLOGIES until accepted by WALTER SURFACE TECHNOLOGIES. Our acceptance of your order is evidenced by return email from WALTER SURFACE TECHNOLOGIES indicating that your order has been shipped.

THE WEBSITES AND THEIR CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

WALTER SURFACE TECHNOLOGIES reserves the right to limit the amount of Products Customers may order.

It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you confirm that the Products ordered will be used only in a lawful manner.

The merchandise shown on the Websites constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by WALTER SURFACE TECHNOLOGIES only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with WALTER SURFACE TECHNOLOGIES, who reserves the right to accept or refuse your contract offer.

Although it is rare that WALTER SURFACE TECHNOLOGIES would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:

  1. Error in Billing, Payment or Shipping Information

Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:

an incorrect credit card or debit card number, expiration date and/or card security code, or information regarding other payment types;

incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);

an insufficient or incorrect shipping address (including street address, city, state, province, territory, zip or postal code);

or any suspected fraudulent information.

  1. Merchandise Shipping Delay or Unavailability

If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our Websites relating to the order, (for example, an error relating to the price or description of merchandise) WALTER SURFACE TECHNOLOGIES may cancel the order. If this occurs we will contact you so that you are aware.

iii. Reshipping of Merchandise

WALTER SURFACE TECHNOLOGIES policies do not allow merchandise to be reshipped. Any orders shipping to a freight forwarder, forwarder, forwarding agent, also known as a non-vessel operating common carrier (NVOCC), road transportation companies, ocean ship line companies, airline companies, a person or company (third party logistics companies) that organizes shipments for individuals or corporations will not be accepted.

  1. Previous Fraudulent Order History

WALTER SURFACE TECHNOLOGIES may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.

  1. PRODUCT PRICING

All prices and Product orders are quoted and shall be processed in the currency appearing on your web page. Although WALTER SURFACE TECHNOLOGIES strives to provide accurate Product and pricing information, errors may occur. WALTER SURFACE TECHNOLOGIES reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. In the event that the price or related information for a Product (as described on the Websites and/or the Order Confirmation) is incorrect due to an error in pricing or product information, WALTER SURFACE TECHNOLOGIES may, at its sole discretion, refuse or cancel your order, whether before or after WALTER SURFACE TECHNOLOGIES's acceptance thereof. If there is such an error in pricing, WALTER SURFACE TECHNOLOGIES will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.


  1. CONSENT TO USE ELECTRONIC DOCUMENTS

You hereby consent to the exchange of information and documents between you and WALTER SURFACE TECHNOLOGIES over the Internet or by email or by any other means of electronic communication, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by WALTER SURFACE TECHNOLOGIES in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.


  1. CANCELLATION

WALTER SURFACE TECHNOLOGIES reserves the right, at its sole discretion, to limit quantities, terminate Accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card or PayPal account charged. In the event that your order is cancelled after your payment has been processed, WALTER SURFACE TECHNOLOGIES will issue a full refund.


  1. CUSTOMER CANCELLATIONS

Once an order is submitted If the customer requires a modification or cancellation they will have to contact our Customer Service department from Monday to Friday 8am to 4:30pm Eastern Standard Time or email the Shopify Support email and accommodations will be made by our customer service team if they are permitted. 

  1. PAYMENT TERMS

Terms of payment for any Products purchased through the Websites shall be determined at WALTER SURFACE TECHNOLOGIES’s sole discretion. Payment shall be made by credit card or any other pre-arranged method of payment that has been accepted by WALTER SURFACE TECHNOLOGIES. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.


  1. SHIPPING AND TAXES

WALTER SURFACE TECHNOLOGIES will ship the Product(s) ordered by you according to the delivery method appropriate for the item purchased as indicated in the Order Confirmation, as long as that shipping address is compliant with the shipping restrictions contained on the Websites. Delivery times provided by WALTER SURFACE TECHNOLOGIES are estimates only. WALTER SURFACE TECHNOLOGIES shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Non-Canadian orders shall be exempt from payment of Canadian federal goods and service taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a Product order. However, non-Canadian customers are responsible for all sales, use, and any other taxes and duties imposed by any state or jurisdiction in their country of residence, associated with their order.


  1. OWNERSHIP; RISK OF LOSS

All Product(s) purchased from WALTER SURFACE TECHNOLOGIES are delivered to you by a third party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for Products purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


  1. RETURNS

All Product returns are subject to WALTER SURFACE TECHNOLOGIES's Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.


  1. COPYRIGHTS AND TRADEMARKS

The design of the Websites and all text, graphics, images, illustrations, articles, information, photographs, software, audio clips and video clips, information, content, and other material displayed on or that can be downloaded from the Websites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software and other technology components of the Websites are protected under applicable copyright laws in favour of WALTER SURFACE TECHNOLOGIES and/or its affiliates, subsidiaries and suppliers. The contents of the Websites are protected under applicable copyright laws in favour of WALTER SURFACE TECHNOLOGIES and/or its affiliates, subsidiaries and suppliers. All rights reserved.

 

You may not modify the information or materials displayed on or that can be downloaded from the Websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations

The material on the Websites is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. WALTER SURFACE TECHNOLOGIES is the owner of the copyright on the Websites and, consequently, the material on the Websites may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including but not limited to text, audio or video, without WALTER SURFACE TECHNOLOGIES's prior consent.


  1. a) Copyrights

Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to WALTER SURFACE TECHNOLOGIES transfer and assign any and all rights attached to such feedback, data, questions, comments or suggestions, to WALTER SURFACE TECHNOLOGIES and further waive any and all moral rights they may have therein. WALTER SURFACE TECHNOLOGIES shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, WALTER SURFACE TECHNOLOGIES shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products, and/or services incorporating such feedback, data, questions, comments or suggestions.


  1. b) Trademarks

Certain trademarks, trade names, service marks and logos (collectively, the "Marks") used or displayed on the Websites are registered and unregistered Marks of WALTER SURFACE TECHNOLOGIES. Other Marks used or displayed on the Websites are the registered and unregistered Marks of their respective owners. Nothing contained in the Websites is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act without the express prior written permission of WALTER SURFACE TECHNOLOGIES or such other owner.

Notwithstanding the foregoing, WALTER SURFACE TECHNOLOGIES authorizes you to make one electronic or paper copy of the information posted on any page of the Websites provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Websites. This license does not include any resale of the Websites or their contents; any collection of product listings, descriptions or prices; any other derivative use of the Websites or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Websites or any trademark, logo or other proprietary information (including images, text, page layout, or form) of WALTER SURFACE TECHNOLOGIES without express written consent from WALTER SURFACE TECHNOLOGIES. You may not use any meta tags or any other "hidden text" utilizing WALTER SURFACE TECHNOLOGIES's name or trademarks without the express written consent of WALTER SURFACE TECHNOLOGIES. Any unauthorized use of the Websites and/or their contents terminates the permission or license granted by WALTER SURFACE TECHNOLOGIES.

Except as what may otherwise be expressly provided herein, nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of WALTER SURFACE TECHNOLOGIES or any other person or entity.

  1. ENGAGEMENT WITH WALTER SURFACE TECHNOLOGIES AFFILIATES:

WALTER SURFACE TECHNOLOGIES reserves the right to block from receiving marketing communications or to remove and unsubscribe from all WALTER SURFACE TECHNOLOGIES platforms any email address, phone number, and/or mailing address associated with customers determined by WALTER SURFACE TECHNOLOGIES to have characteristics of reselling and/or customer orders determined by WALTER SURFACE TECHNOLOGIES to be fraudulent. WALTER SURFACE TECHNOLOGIES platforms affected by such removal include but are not limited to: (i) any of WALTER SURFACE TECHNOLOGIES's online accounts; (ii) email marketing lists; (iii) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.


  1. CONFIDENTIALITY OF THE MATERIAL TRANSMITTED

Other than your Account information and your information needed to process orders, WALTER SURFACE TECHNOLOGIES does not wish to receive Material from you that is confidential, secret or proprietary information.

You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Websites or the Products, is not, except as may be required under applicable law or pursuant to WALTER SURFACE TECHNOLOGIES's Privacy Policy, confidential, secret or proprietary.

You hereby acknowledge and agree that any or all information and Material provided by you to the Websites may be included in a database owned by WALTER SURFACE TECHNOLOGIES in which we have rights and interests, including, but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the Websites to the fullest extent permitted by law. You, therefore, consent to WALTER SURFACE TECHNOLOGIES using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of WALTER SURFACE TECHNOLOGIES or the disclosure of your identity, in accordance with the Terms and WALTER SURFACE TECHNOLOGIES's Privacy Policy.

For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Websites, you hereby grant WALTER SURFACE TECHNOLOGIES a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or developed in the future. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by WALTER SURFACE TECHNOLOGIES of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against WALTER SURFACE TECHNOLOGIES for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that WALTER SURFACE TECHNOLOGIES is under no obligation to use any material or ideas submitted by you in any way whatsoever.

Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to WALTER SURFACE TECHNOLOGIES or the Websites, no confidential, fiduciary, and contractually implied or other relationship is created between you and WALTER SURFACE TECHNOLOGIES other than pursuant to the Terms. WALTER SURFACE TECHNOLOGIES shall not be responsible for the payment of any monies to any other party in connection with WALTER SURFACE TECHNOLOGIES's use of any information or Material provided by you to WALTER SURFACE TECHNOLOGIES or the Websites. You also represent and warrant that any and all such information or Material which you provide to WALTER SURFACE TECHNOLOGIES, whether provided by you electronically by accessing or using the Websites or otherwise, and WALTER SURFACE TECHNOLOGIES's use of this information and Material so provided as permitted in the Terms, does not infringe the rights of any other person or entity.


  1. SUBSCRIPTION TO EMAILS, TEXT MESSAGES AND NOTIFICATIONS
  2. a) Emails

You may opt-in to receive email communications from us:

by signing up to receive newsletters on the Website.

Opt out from receiving email communications from us by:

clicking "unsubscribe" on an email; 

  1. b) Push Notification on the App

You may opt in to receive notifications on the App by accepting push notifications when signing up to the App or the first time you use the App.

To opt out of push notification, go to the notification settings of your device, find BioCircle or Walter app, and switch notifications to 'off'.

  1. c) General

By opting in to receive e-mails, text messages and/or push notifications (the "Electronic Communications") from us, you are consenting to receive such ongoing Electronic Communications, including from automatic telephone dialing or automatic email systems. Your consent to receive such Electronic Communications is subject to these Terms, and also is subject to WALTER SURFACE TECHNOLOGIES's Privacy Policy.

Your consent to receive Electronic Communications is not a condition of purchasing goods or services from WALTER SURFACE TECHNOLOGIES. You agree that when you submit a request to opt in or opt out of receiving Electronic Communications, you may receive confirmatory text messages and/or emails from us.

In addition to the confirmatory Electronic Communication, you may receive a limited number of marketing text messages per calendar month for each brand for which you have signed up, as part of the ongoing text message program and newsletter email program to which you subscribed, which may include the latest updates on products, contests, special offers, bestsellers, or other similar content. You agree that any Electronic Communications sent in response to consumer-initiated communications are in addition to the marketing Electronic Communications set forth above.

You agree that these opt-out instructions, and/or any opt-out instructions in the Privacy Policy, provide the exclusive means of revoking your consent to receive Electronic Communications. You warrant that you have provided your accurate mobile telephone number and/or email address to WALTER SURFACE TECHNOLOGIES and that you have authority to consent to receive Electronic Communications at these addresses. Before changing, deactivating, or relinquishing your mobile phone number or email address, you agree that you will opt out of WALTER SURFACE TECHNOLOGIES Electronic Communications. Failure to do so constitutes a material breach of these Terms. To opt back in with your new mobile number and/or email, follow the opt-in procedures described herein.

You acknowledge that your request to stop receiving Electronic Communications may take up to 7 business days to take effect and that you may, during that time, continue to receive some Electronic Communications from us. WALTER SURFACE TECHNOLOGIES will use commercially reasonable efforts to comply with your request during that period of time.

You agree that WALTER SURFACE TECHNOLOGIES may change these Terms from time to time, through updating the online version of these Terms. Should there be a material change to these Terms, WALTER SURFACE TECHNOLOGIES will provide notice of such change via text messaging or email, depending on the medium on which you have subscribed to receive promotional materials, and such notices shall be in addition to the general marketing text messages and emails under this program.


  1. USE OF YOUR MATERIAL BY US

You consent to WALTER SURFACE TECHNOLOGIES using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for WALTER SURFACE TECHNOLOGIES’s commercial purposes, in accordance with WALTER SURFACE TECHNOLOGIES's Privacy Policy


  1. SURVEILLANCE

WALTER SURFACE TECHNOLOGIES may monitor the access to the Websites (and any other of its websites) and other activities in relation to the Websites (and any other of its Websites) and may intervene in this regard. However, WALTER SURFACE TECHNOLOGIES makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if WALTER SURFACE TECHNOLOGIES ever decides to do it.


  1. LINKS TO OTHER WEBSITES
  2. a) Linking to the Websites

Creating or maintaining any link from another website to any page on the Websites without our prior written permission is prohibited. In order to obtain such permission, please refer to the “Contact Us” section. Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rules and regulations.

  1. b) Third Party Links

From time to time, the Websites may contain links to websites that are not owned, operated or controlled by WALTER SURFACE TECHNOLOGIES or its affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites.

Neither we nor any of our affiliates or subsidiaries are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.


  1. DISCLAIMERS

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WALTER SURFACE TECHNOLOGIES NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE WEBSITES WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITES ARE OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER WALTER SURFACE TECHNOLOGIES NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WALTER SURFACE TECHNOLOGIES AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS AND VENDORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WALTER SURFACE TECHNOLOGIES AND ITS AFFILIATES AND SUBSIDIARIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WALTER SURFACE TECHNOLOGIES AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, THE WEBSITES AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WALTER SURFACE TECHNOLOGIES DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITES AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITES, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS.

BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.


  1. INDEMNIFICATION

By using the Websites, you hereby agree to indemnify, defend and hold WALTER SURFACE TECHNOLOGIES harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, commercially reasonable attorneys’ fees) incurred by WALTER SURFACE TECHNOLOGIES in connection with any claim arising out of, based upon or resulting from your use of the Websites. WALTER SURFACE TECHNOLOGIES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without WALTER SURFACE TECHNOLOGIES’s written consent.

FOR THE PURPOSES OF THIS SECTION, “WALTER SURFACE TECHNOLOGIES” SHALL INCLUDE WALTER SURFACE TECHNOLOGIES’S DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.


  1. LIMITATION OF LIABILITY

NEITHER WALTER SURFACE TECHNOLOGIES NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION OR FAILED MESSAGES, THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITES.

IN ADDITION, NEITHER WALTER SURFACE TECHNOLOGIES NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES MAY BE HELD LIABLE FOR ANY DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, WALTER SURFACE TECHNOLOGIES’S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE COMMERCIALLY REASONABLE CONTROL OF WALTER SURFACE TECHNOLOGIES.

FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL WALTER SURFACE TECHNOLOGIES OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES BE LIABLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF, OR RELIANCE ON, THE INFORMATION, OR USE OF THE WEBSITES. WALTER SURFACE TECHNOLOGIES AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY, OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.

IN NO EVENT WILL WALTER SURFACE TECHNOLOGIES OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITE LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICIES POSTED ON THE WEBSITES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD WALTER SURFACE TECHNOLOGIES AND ITS AFFILIATES AND SUBSIDIARIES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM THE USE OF THE WEBSITES.

CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IF, DESPITE THE LIMITATIONS ABOVE, WALTER SURFACE TECHNOLOGIES IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITES, IN NO CASE WILL WALTER SURFACE TECHNOLOGIES’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.

FOR THE PURPOSES OF THIS SECTION, “WALTER SURFACE TECHNOLOGIES” SHALL INCLUDE WALTER SURFACE TECHNOLOGIES’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD PARTY SUPPLIERS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

  1. MODIFICATION OF WEBSITES; RESERVATION OF RIGHTS

WALTER SURFACE TECHNOLOGIES may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Websites or any aspect of them, including but not limited to any of the Websites’ content, features or hours of availability and WALTER SURFACE TECHNOLOGIES will not be liable to you or any third party for doing so. WALTER SURFACE TECHNOLOGIES may also impose rules for and limits on use of the Websites or restrict your access to part, or all, of the Websites without notice or liability. All rights not expressly granted in the Terms are reserved to WALTER SURFACE TECHNOLOGIES.


  1. ENUREMENT

The Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.


  1. GOVERNING LAW

The Websites are controlled and operated by WALTER SURFACE TECHNOLOGIES from Montreal, Province of Québec, Canada, and the Terms, the Websites, any use of the Websites and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada, applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


  1. DISPUTE RESOLUTION

You acknowledge and agree that any dispute that may arise between you and WALTER SURFACE TECHNOLOGIES with respect to the Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Judicial District of Montreal, Province of Québec, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.


  1. SEVERABILITY

If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


  1. JURISDICTION

WALTER SURFACE TECHNOLOGIES makes no representation that Materials, information or Products provided on or through the Websites are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the Websites from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


  1. COOKIES

WALTER SURFACE TECHNOLOGIES may use "cookies" to track your preferences and activities on the Websites. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences, making your subsequent visits to the Websites more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Websites’ functions will not be available, and the user will lose some of the benefits of the Websites.


  1. NO WAIVER

WALTER SURFACE TECHNOLOGIES's failure to enforce any provisions of the Terms or to respond to a breach or default by you or any third party of the Terms shall not in any way waive WALTER SURFACE TECHNOLOGIES's right to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.


  1. EXPORT LAWS

Products sold or delivered under the Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold WALTER SURFACE TECHNOLOGIES harmless against all claims, damages or liability resulting from breach of the foregoing.


  1. ENTIRE AGREEMENT

The Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and WALTER SURFACE TECHNOLOGIES with respect to the use of the Websites and any transaction conducted on or from the Websites and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by WALTER SURFACE TECHNOLOGIES making such amendments or modifications available to it pursuant to the Terms hereof.


  1. NO ASSIGNMENT

You may not assign your rights or obligations herein without WALTER SURFACE TECHNOLOGIES’s express written consent.


  1. TERMINATION

WALTER SURFACE TECHNOLOGIES reserves the right, at its sole discretion, to terminate your access to all or any part of the Websites, with or without notice.


  1. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.


  1. CONTACT US

For Canada:

BY EMAIL – CSR@Walter.com

BY PHONE – 1-800-363-7368

BY MAIL – 5977 Trans Canada Highway West Point Claire, Quebec H9R1C1

 For United States:

BY EMAIL – info.us@Walter.com

BY PHONE – 1-800-522-0321

BY MAIL – 810 Day Hill Road Windsor, CT 06095

Please be sure to include your full name and all relevant information. It may take up to 10 business days to process your postal mail request, during which period the information will remain available.