TERMS OF USE
1.
Acknowledgment.
By
use of the site
www.cdscandoit.com,
and the various pages and processes contained therein
(hereinafter the “Website”), and by entering my user
name and pass word (thus entering the restricted catalog/online
shopping area) I agree to these terms of use (hereinafter
the “Agreement”), the user (the “Customer”) acknowledges
that the Customer has read the Agreement and that the
Customer’s use of the Website is subject to the terms
and conditions contained herein.
2.
The Checkout Process.
The
Customer acknowledges that Commercial Design Systems,
Inc. (hereinafter “CDS”) provides the Website as a service
to the Customer to streamline the ordering process for
CDS products and services. CDS and the Customer have
cooperated to provide an ordering process that allows
regional purchasing agents of the Customer to make orders
from CDS within certain limits imposed by CDS and the
Customer without having to obtain prior approval from
the Customer’s central business office (the “Checkout
Process”).
3.
No Binding Agreement for the Sale of Goods or Provision
of Services.
The
Customer acknowledges that the use of the Website and
the Checkout Process does not create an legally binding
agreement for the sale of goods or provision of services,
and that requests made during the Checkout Process only
become agreements for the sale of goods sale or provision
of services upon confirmation by CDS. Upon completion
of the Checkout Process, a customer service representative
of CDS will contact the Customer by use of the contact
information provided by the Customer during the Checkout
Process. CDS will then confirm availability of such
products or services, date of delivery to the Customer,
shipping terms, pricing, and all other terms of the
transaction.
4.
Intellectual Property.
The
Customer acknowledges that in order to provide the Customer
with a familiar interface during the Checkout Process,
CDS has utilized certain intellectual property of the
Customer in the Website including, but not limited to,
trademarks, trade dress, and copyrights of the Customer,
and the Customer grants a license to CDS to use such
intellectual property of the Customer in the Website
and the Checkout Process. The Customer reserves the
right to change, replace, or remove such intellectual
property from the Website upon a written request to
CDS.
5. No
Warranties.
THE
WEBSITE AND ALL INFORMATION ON THE WEBSITE
ARE PROVIDED TO THE CUSTOMER “AS IS” AND “AS AVAILABLE”
WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CDS IS
NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH
INFORMATION. INFORMATION ON THE WEBSITE MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CDS
MAY PROVIDE LINKS TO OTHER SITES BUT IS NOT RESPONSIBLE
FOR THE CONTENT OF THE LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY CDS OF THE LINKED SITE. THE CUSTOMER
EXPRESSLY AGREES THAT USE OF THIS SITE IS AT THE CUSTOMER’S
SOLE RISK.
6.
Limitation
of Liability.
CDS
shall have no liability (whether based in contract,
tort, strict liability, or otherwise) for any direct,
indirect, incidental, consequential, or special damages
arising out of or in any way connected with access to
or use of the Website (even if CDS has been advised
of the possibility of such damages) including liability
associated with any viruses, worms, malware, trojan
horses, etc. which may infect and/or damage the Customer’s
computer(s).
7.
Authority.
The
Customer affirms that the Customer has the authority
to enter into this Agreement with CDS.
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