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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