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Terms of Use
Last Updated February 1, 2024
These terms of use are entered into by and between you and [CMU Supply] (“CMU,” "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our website including any content, functionality, and services offered on or through it (collectively, the "Online Services"). This website is the property of CMU Supply. You must be 18 years of age or older to use the Online Services.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON CMU’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY AND ADDITIONAL TERMS, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE ONLINE SERVICES.
1. Privacy. CMU’s Privacy Policy [PJ1] applies to your use of the Online Services and is incorporated by reference into these Terms of Use. Please review our Privacy Policy to learn more about CMU’s collection, use, and sharing of your information, including communications from CMU and your choices regarding communications.
2. Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By downloading, installing, accessing, or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.
3. Modification or Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
4. Accounts; Security[PJ2] [JM3] . Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password ("Account Credentials") and for restricting access to such information and to your computer or device. By submitting a telephone number to CMU, you agree that a representative of CMU can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging). Accounts may be created only by the individual that is the subject of the account and may not be transferred. You may not permit others to use your account and you may not use anyone else's account at any time. NEVERTHELESS, YOU ARE RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, AND WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR ACCOUNT CREDENTIALS. You agree to immediately notify us if your Account Credentials are compromised or of any unauthorized use of your account or any other breach of security. CMU shall not be liable for any damages resulting from any compromise of the confidentiality of your Account Credentials or any unauthorized access to your account or use of your Account Credentials.
5. Account Termination and Suspension. You may terminate your account by contacting CMU’s customer service department at 475-293-4268 or via email at CustomerService@CMUsupply.com. CMU may suspend or terminate your account and/or your use of the Online Services at any time for any reason with or without notice to you and without liability to you. In addition, CMU may take any and all actions we deem necessary or reasonable to help ensure the security and integrity of the Online Services and your account. You will remain liable for any orders that you place or charges that you incur prior to termination or suspension.
6. Business Accounts[PJ4] [JM5] . The Online Services accounts are intended for personal, household use by consumers and may not be used by businesses or other entities or for commercial purposes except through a business account, which may be subject to additional terms and conditions. The Online Services may not be used to order Products (as defined below) for resale.
7. Purchase and Payment. The products and services offered on the Online Services (collectively, the "Products") and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. You agree to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
The inclusion of a Product on the Online Services does not imply or warrant that the Product is or will be available at any time. Product availability and pricing vary. [PJ6] [JM7] All references to currency are stated in United States dollars.
While it is our practice to confirm orders by email[PJ8] [JM9] , the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order for Products on the Online Services, you agree to pay all Product prices, together with all applicable fees, charges, and taxes as displayed during the checkout process, including fees for delivery, assembly, and haul away, service fees, shipping and handling charges, and government mandated fees (such as delivery surcharges). You represent and warrant that you are the holder of and have the right to use the credit card, debit card, or other payment method you provide to us. CMU reserves the right to change payment terms and methods at any time without notice to you. We may, in our sole discretion, offer refunds on case-by-case basis and in accordance with our Return Policy.
Please see our [Customer Service p[PJ10] age] for additional information regarding purchases, including information regarding order tracking, cancellation, fulfillment, communications regarding your order, Product recalls, and our Return Policy[PJ11] .
8. Product Information. CMU attempts to ensure that information regarding the Products is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date and we make no representation or warranty, express or implied, regarding such information. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. If a Product fails to conform to its description on the Online Services, your sole remedy is to return it as set forth in our 30-Day Return Policy.
9. Intellectual Property and Ownership; License. All content on this site is the exclusive property of CMU Supply or its parent and is protected by U.S. and international copyright laws. Any reproduction, modification, distribution, or transmission of the collective content on this site is strictly prohibited. No portion of this website may be duplicated, copied, reproduced, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by CMU. All trademarks, service marks and trade names displayed on this site are the property of their respective owners. Any use or replication is strictly prohibited.
10. Third Party Links. The Online Services may contain links to websites that are not owned, operated, or controlled by CMU. These third-party websites are not under our control, and we disclaim any responsibility for the contents of such linked websites, or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).
11. Prohibited Conduct. Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CMU or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute to, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You shall not use the Online Services while distracted or preoccupied, such as when operating a motor vehicle. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our site in breach of this Section.
12. Participation Disclaimer. CMU does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and/or materials. You acknowledge that by providing you, the user, with the ability to view and distribute user-generated content, CMU is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CMU reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to CMU in its sole discretion. CMU reserves the right to disclose your identity and other information about you to any third-party who claims your user-generated content infringes their intellectual property rights or violates their right to privacy.
13. Warranty; Disclaimer. Certain Products offered for sale on the Online Services may be covered by a manufacturer's warranty. Please see the manufacturer's product documentation for warranty availability and details. CMU, as a retailer, does not offer a warranty on Products.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW CMU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES AND THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE ONLINE SERVICES ARE PROVIDED "AS IS," AND “AS AVAILABLE.” CMU DOES NOT REPRESENT OR WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CMU HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. CMU DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY. YOUR USE OF THE ONLINE SERVICES IS ENTIRELY AT YOUR OWN RISK. CMU WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES OR THE SERVICES AND/OR PRODUCTS PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS RESIDING ON OR TRANSMITTED THROUGH THE ONLINE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF CMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
15. DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY.
16. Choice of Law; Jurisdiction. These Terms of Use shall be governed by and construed in construed in all respects by the laws of the State of Connecticut, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. A printed version of these Terms of Use shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms of Use (including but not limited to the purchase of Products) shall be in the state or federal courts located in Connecticut. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE ONLINE SERVICES (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Indemnification. You agree to indemnify, defend, and hold harmless CMU, its affiliates, and their officers, directors, members, employees, agents, licensors and suppliers (collectively the "CMU Indemnitees") from and against all claims, actions, or demands, liabilities, losses, expenses, damages and costs, including reasonable legal and accounting fees, made against or incurred by the CMU Indemnitees arising out of or in connection with your breach of the Terms of Use, your use of the Online Services, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Online Services using your account.
18. Miscellaneous. CMU 's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms of Use. CMU may assign its rights and duties under this Agreement to any party at any time without notice to you. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.