PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
Interpretation and Definitions
The following terms, when capitalized, shall have the meanings defined below, and such meanings shall remain consistent regardless of whether the terms appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate refers to an entity that has control over, is controlled by, or is under the common control of a party, where “control” means the ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Country: Canada
- Province: Ontario
- Company (referred to as “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Noah Tactics Inc.
- Device means any device that can access the Service, such as a computer, smartphone, or tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) means these terms and conditions that form the complete agreement between You and the Company regarding the use of the Service. This agreement was created with the assistance of the Terms and Conditions Template.
- Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to Noah Tactics, accessible from www.noahtactics.com
- You refer to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.
Acknowledgment
These Terms and Conditions govern the use of this Service and the agreement between You and the Company. These Terms and Conditions outline the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You do not agree with any part of these Terms and Conditions, then You may not access the Service. You must be over the age of 18 to access and use the Service. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also subject to Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy outlines our policies and procedures for the collection, use, and disclosure of Your personal information when You use the Application or Website and informs You of Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination of Access
The Company reserves the right to immediately terminate or suspend Your access to the Service without prior notice or liability for any reason, including but not limited to the breach of these Terms and Conditions. Upon termination, Your right to use the Service will immediately cease.
Limitation of Liability
The Company and its suppliers’ entire liability under any provision of this Terms and Your exclusive remedy shall be limited to the amount actually paid by You through the Service, or to the sum of 100 USD if You have not made any purchases through the Service. To the extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages arising from or in any way related to the use of or inability to use the Service, third-party software or hardware used with the Service, or any other matter arising from this Terms. This includes but is not limited to damages for loss of profits, loss of data or information, business interruption, personal injury, or loss of privacy. Some provinces or countries do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, and as a result, some of the above limitations may not apply. In such cases, the parties’ liability shall be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, and without warranty of any kind. The Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from the course of dealing, course of performance, usage, or trade practice. The Company provides no warranty or representation that the Service will meet Your requirements, achieve any intended results, be compatible with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected. The Company and its providers make no representation or warranty, express or implied, regarding the operation or availability of the Service or its information, content, materials, or products; that the Service will be uninterrupted or error-free; that the information or content provided through the Service will be accurate, reliable, or current; or that the Service, its servers, content, or e-mails sent from or on behalf of the Company will be free from viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights, and as a result, some or all of the above exclusions and limitations may not apply to You. In such cases, the exclusions and limitations set forth in this section shall be applied to the fullest extent enforceable under applicable law.
Governing Law
This Terms shall be governed by the laws of the province of Ontario, Canada, excluding its conflicts of law rules. Your use of the Service may also be subject to other local, state, national, or international laws.
Dispute Resolution
In the event of any concerns or disputes regarding the Service, You agree to make a good faith effort to resolve the dispute informally by contacting the Company.
European Union Consumers
If You are a consumer located within the European Union, you shall be entitled to the protection afforded by any mandatory provisions of the law of the country in which you reside.
United States Legal Compliance
You represent and warrant that: (i) you are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
In the event that any provision of these Terms is found to be unenforceable or invalid, such provision shall be amended and interpreted to accomplish its intended objectives to the greatest extent possible under applicable law, and the remaining provisions shall remain in full force and effect.
Waiver
Except as explicitly provided herein, the failure to exercise a right or enforce the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or enforce such performance at a later time, nor shall the waiver of a breach constitute a waiver of any subsequent breaches.
Translation and Interpretation
In the event that We have made these Terms and Conditions available to You in a language other than English, You agree that the original English text shall govern in the case of any dispute.
Terms and Conditions for Specific Services
Timing: Certain orders and services have defined delivery timeframes, while others have flexible ranges. Troubleshooting-related services may take anywhere from 2 days to 60 days to complete. You agree to honor the payment terms, so long as Noah Tactics is willing to work on your issue.
Termination: Either party may agree to terminate project work. Your order obligates you to the full payment amount and cannot be refunded without mutual consent. Noah Tactics reserves the right to fully or partially refund projects in the event that we are not comfortable handling them for any reason.
All site orders are final and non-refundable with the following terms & disclaimers:
- Reinstatement Orders: Reinstatement orders are non-refundable in cases where an appeal has already been filed. In the event that Noah Tactics is unsuccessful within 90 days of ordering, and no appeal has been filed, a full 100% refund will be granted.
- EBC Exclusion: A+ Content Orders are subject to a maximum of three revision requests. Additional requests will be billed at $200 per request.
- Maximum Billable Time: A maximum of 8 hours will be spent per project order, with hours beyond this limit being at the sole discretion of Noah Tactics and may result in additional charges.
- Website Orders: Website orders do not include phone calls or verbal communication. If such calls are required, an additional charge of $400 per hour will be applied at our discretion.
- Consulting Calls: These calls are for time spent consulting with You. The time spent during the 30 or 60-minute session is non-refundable. At our discretion, we may offer further advice via email beyond the call.
- Logistics Services (e.g., shipping, warehousing, and related services): At Noah Tactics Inc., we provide a platform for our clients to obtain freight quotes from our partnered freight forwarders. Please note that the quotes provided by our partnered freight forwarders are subject to their own terms and conditions. We do not guarantee the accuracy, completeness, or reliability of the quotes provided by our partnered freight forwarders. Furthermore, please be aware that any transactions and invoices related to the freight services provided by our partnered freight forwarders will be solely between our clients and the freight forwarders. Noah Tactics Inc. will not be involved in any way, and we shall not be liable for any losses, damages, or disputes arising from such transactions. We strongly recommend that our clients thoroughly review and understand the terms and conditions of the freight forwarders they choose to work with, and to make informed decisions based on their own discretion. By using our website and obtaining freight quotes from our partnered freight forwarders, our clients agree to the above disclaimer and accept that Noah Tactics Inc. shall not be held liable for any issues that may arise in relation to the services provided by the freight forwarders.
- Compliance Check Services: This compliance check service is provided for informational purposes only, and the findings and recommendations are based on our review of applicable regulations and requirements as of the date of this report and to the best of our knowledge. The regulatory landscape may change, and new requirements may be imposed in the future. Therefore, we cannot guarantee that this report is complete, accurate, or up-to-date. Furthermore, this report should not be construed as legal advice, and please seek legal counsel regarding the compliance requirements for your product before launching the production to ensure complete risk mitigation. We disclaim any liability or responsibility for any damages, losses, or expenses that may arise from the use of this report. Please note that this report should not be used for any purpose other than evaluating the regulatory compliance requirements for your product. It may not be relied upon for any other purpose without our prior written consent.
- Compliance Certificate Services (e.g., CPC, UL, FDA and related services): At Noah Tactics Inc., We offer our clients assistance in obtaining compliance certificates and test reports from qualified labs. However, we do not provide any testing or certification services ourselves, nor do we have any control over the testing process, results, or payment transactions between the labs and our clients. We hereby declare that our services are limited to facilitating communication between our clients and the labs. We do not guarantee the accuracy, completeness, or reliability of the information provided by the labs or the certification authorities. Our clients are solely responsible for verifying the validity and authenticity of any certificates or test reports they receive from the labs. We disclaim any liability for any loss, damage, or injury arising from the use or reliance on the information or services provided by the selected labs. Our clients are advised to conduct their own due diligence and seek professional advice before making any decisions or taking any actions based on the information.
- Product Research, Audit, and Other Related Services: Our product research, audit, and other product-related services aim to provide valuable insights, but we cannot guarantee the success of your product launch. The information and recommendations we offer are not personalized guarantees, and market dynamics, client decisions, and external factors may influence the launch outcomes. We do not provide financial guarantees, and our services are not a substitute for legal or financial advice. By using our services, you accept these limitations and understand that any decisions made are at your own risk.
- Supplier Selection, Audit, and Other Related Services: While we employ our extensive experience and conduct due diligence to find reputable suppliers and perform thorough audits, we cannot guarantee the future status, performance, or reliability of any supplier recommended. The supplier landscape is subject to change, and unforeseen circumstances may impact their operations or financial standing. Our service aims to assist in the supplier selection process, but clients assume full responsibility for their decisions, understanding that no guarantees can be provided regarding the supplier’s future outcomes. This service is not a substitute for legal or financial advice.
- Accounting Services: At Noah Tactics Inc., We do not provide accounting services directly. We act solely as a referral partner, connecting clients with a trusted accounting firm for their accounting needs. Engaging the services of the referred accounting firm creates a direct contractual relationship between the client and the firm. We assume no liability for the services provided by the referred firm and recommend clients to review their terms and conditions. Any issues or disputes related to the accounting services should be addressed directly with the accounting firm.
- Order / Product Inspection Services: At Noah Tactics Inc., We offer product inspection service as a third-party service to help ensure that the products received meet expectations and conform to specifications. However, please note that while every reasonable effort is made to accurately inspect and report on the condition and quality of the products, no liability is assumed for any errors or omissions that may arise from the inspection. The inspection reports are based on visual and functional assessments of the products at the time of inspection and are not guarantees of the products’ quality, safety, or fitness for any particular purpose. It cannot be guaranteed that the products will be free from defects or meet any specific requirements. Please note that two options are offered for the product inspection service: full inspection and sampling inspection. If sampling inspection is requested, not all products will be inspected, and the quality of products not inspected cannot be guaranteed. The inspection services are based on the instructions provided by the client at the time of inspection. If the client’s instructions are not comprehensive or do not cover all aspects of the products, the inspection may not be able to identify all defects or issues. It is recommended that clients provide as much information as possible about their product requirements and specifications to ensure that the inspection is as thorough and accurate as possible. The inspection reports do not include any testing or analysis of the products beyond what can be done through visual and functional inspection. If more extensive testing or analysis of the products is required, an appropriate laboratory or testing facility should be engaged. By engaging the product inspection service, the client agrees to waive any claims arising from any errors or omissions in the inspection reports and to hold Noah Tactics Inc. harmless from any liability, loss, or damage that may result from the products or the inspection thereof.
- All General Services: We are committed to delivering high-quality service experiences to our clients. However, it is essential to recognize that uncertainties and factors beyond our control may impact the outcomes of these services. While we will exert our best efforts and expertise to perform to the best of industry standards, we cannot guarantee specific results or success. a) Performance Variability: The final results of the general services we provide may vary due to various factors, including market conditions, client-specific circumstances, and external influences. We do not provide any guarantees regarding the effectiveness, profitability, or performance of the products or services associated with our general offerings. b) Third-party Suppliers and Partners: In some cases, our general services may involve working with third-party suppliers or partners. While we conduct due diligence in selecting these entities, we cannot control or guarantee their performance, financial stability, or any issues that may arise during our collaboration. c) Unforeseen Events: External factors, such as changes in regulations, economic conditions, or unforeseen events, may impact the delivery and results of our general services. We will make reasonable efforts to adapt to such situations, but we cannot be held responsible for circumstances beyond our control. d) Client Decisions: As a client, you retain full responsibility for the decisions made during and after our general services. While we may offer advice and recommendations, the ultimate choices lie with you, and we cannot be held liable for any consequences arising from those decisions. e) No Financial or Legal Advice: Our general services are not a substitute for professional financial, legal, or investment advice. Clients are encouraged to seek appropriate advice from qualified professionals for specific financial, legal, or investment matters related to their business. f) Limitation of Liability: In no event shall we or our employees be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our general services or the outcomes of your business operations. g) Intellectual Property: We respect the intellectual property rights of our clients and other entities. Any information, data, or proprietary materials provided by clients for the services will be handled with confidentiality and used solely for the purpose of providing the service. By engaging our general services, you acknowledge and agree to the above disclaimers and limitations. Our aim is to deliver valuable services, but we cannot guarantee specific outcomes due to various factors beyond our control. Should you have any questions or concerns, please feel free to contact us.
Warranty Exclusions
The Contractor is solely engaged to provide the services and deliverables outlined in this agreement. The Client acknowledges that the services provided are subject to modification in response to changes in Amazon’s policies and requirements. With the exception of the representations and warranties outlined in Section 8(a), the Contractor specifically disclaims all warranties of any kind, whether expressed or implied, relating to the services or deliverables, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. The Contractor makes no representation or warranty that the services and work product will meet the Client’s requirements, that the results obtained from the services or deliverables will be satisfactory, or that the services or deliverables will meet the Client’s expectations. Representatives of the Contractor have no authority to make any warranties on behalf of the Contractor. The Client is solely responsible for the implementation of any actions based on the services provided.
Non-Disparagement
Both parties agree to refrain from making any public or private statements or actions that could reasonably damage the reputation or goodwill of the other party or its affiliates.
Non-Solicitation
The Client agrees not to directly or indirectly solicit any employee, contractor, or subcontractor of the Contractor or any person or entity who was an employee, contractor, or subcontractor of the Contractor during the term of this agreement, for a period of one year following the conclusion of the term. The Client also agrees not to induce or assist any person or entity in inducing any employee, contractor, or subcontractor of the Contractor to alter or limit their business relationship with the Contractor, without the Contractor’s prior written consent.
In the event that the Client breaches this section by hiring any employees, contractors, or subcontractors of the Contractor without prior written authorization, the Client will be required to pay a fee equal to the greater of: (a) the current annual salary of each individual hired, or (b) $10,000. The restricted period will be extended during any period of breach to ensure that the Contractor receives the full benefit of the restricted period.
Changes to These Terms and Conditions
We reserve the right to modify or replace these terms at our discretion and will make reasonable efforts to provide at least 30 days’ notice for any material changes. Continued access or use of our service after the changes become effective constitutes agreement to the revised terms. If you do not agree to the new terms, please discontinue the use of the website and the service.
Contact Us
If you have any questions about these terms and conditions, you may contact us by email at [email protected].