Website Terms and Conditions
By accessing and using this CFMichaels, LLC (“CFMichaels”) website, www.cfmichaels.com, you are agreeing to these terms and conditions (these “Terms”), which govern your access and use. These Terms include specific provisions that limit warranties on products you might purchase here, limit our liability, and that may otherwise limit or restrict your rights. If you do not agree with any of these Terms, you should discontinue using this website. If you continue to use and access this website, we will assume that you have read these Terms and agree with them without reservation.
Changes to our Website and these Terms
We may temporarily or permanently change, modify, add to or delete portions of or all of this website, including these Terms. We will assume that you will review these terms frequently for changes or modifications that may affect your rights. Changes will become effective when we make them and will not have any retroactive effect. We are not liable to you or anyone else for the consequences of these changes, including, without limitation, changes to content, product features or the availability of certain products, regardless of whether we have provided notice of those changes or not. In certain cases, the availability of our products may be limited or restricted due to import/export laws and regulations and other matters that we do not control, and we are specifically not liable for any claims or liabilities that might be caused by those limitations or restrictions.
Your Account and Transactions
If you do create an account for purchases on this website, you will be responsible for all transactions processed through that account. You should not allow anyone else to use your account without your permission. You have the sole responsibility to keep your account and password secure, and we will not be liable for your losses resulting from the caused unauthorized use of your account. More importantly, you may be liable for losses resulting from any unauthorized use. Your use of this website and all use of your account on this website constitutes your agreement to pay all charges that may be incurred by you or through your account. You are also responsible for any sales or use taxes that may apply to your purchases on this website.
When you buy something at this website or a purchase transaction is made in your account, you may be asked for certain information, such as your bank card number, the card’s expiration date and security (“CVV”) code, and your billing and shipping address. When you provide that information to us, you are representing that you have the legal right to use the bank card that will be charged for your purchase and you are granting us the right to verify that information with third parties. We reserve the right to use various third party vendors for this purpose.
Unless you notify us in writing that you do not want us to use your information for purposes other than the fulfillment of orders and transactions that you may make through this website, we reserve the right to collect, retain and utilize your information for our marketing communications to you and to insure optimal customer service.
Your use of this website, including your transactions made through this website, will be processed electronically. Unless you notify us that you prefer written documentation, you are agreeing that electronic communications, notices, and disclosures satisfy all legal requirements from any jurisdictions that such communications be in writing.
CFMichaels uses Secure Socket Layer (SSL) technology and encrypted payment gateways to protect to the best of our ability your personal information and transactions on this website. That technology and those gateways are industry standards and we are relying upon them without independent verification. We have no control over that technology or those gateways, however, and accordingly we disclaim all responsibility for errors or problems that may be caused by or that result from our reliance upon them.
Your orders for products or services through our website are not automatic acceptances or confirmations of those orders. CFMichaels may decline your order for any reason whatsoever, with or without notice, at any time prior to our filling and shipping your order. We also reserve the right, in our sole and absolute discretion, to limit quantities ordered or to prohibit orders by dealers. Due to the unique and distinct qualities and features of some of the product we carry, we reserve the right to alter product descriptions or features and to change the nature and quality of products we offer at any time. If you order a product that becomes unavailable, or if the quality or features of a product that you have ordered change before we fill the order, we will notify you and provide you with an opportunity to cancel your order before we fill the order and ship the product to you. The risk of loss and title to products that you purchase on the website will pass to you when we deliver your purchases to a carrier for shipment.
Merchandise Pricing, Changes and Updates on Site
The prices for all of our products are quoted in and will be charged and billed in U.S. Dollars. We do not warranty or guarantee the accuracy or completeness of any information on our website, including prices, product images, specifications, and availability. We reserve the right at all times and without notice, in our sole discretion, to change or update information and to correct errors, inaccuracies or omissions.
Copyright Ownership and Restrictions
Our website is protected by United States domestic and international copyright laws and conventions as a collective work or compilation. We own the copyrights in the selection, coordination, arrangement and enhancement of the website, and you are obligated to abide by any and all copyright notices, information or restrictions displayed here.
You may not modify this website, create derivative works from it, re-post any part of it, or exploit it for any public or commercial use. The only use and reproduction rights you have are those personal, noncommercial uses that may assist you to use the website. We are expressly reserving all intellectual property rights in all aspects of our website. We allow you to access this website, but that does not give you or anyone else a license under any of those intellectual property rights.
You shall indemnify, defend and hold harmless CFMichaels and its officers, directors, owners, agents, affiliates and employees, (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation, attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of this website.
Third Party Websites and Resources
Our website may contain links and other functionality for interacting with third-party websites and resources that we do not control. By using this website, you expressly relieve us from any and all liability arising from any third party sites or resources. CFMichaels does not endorse any third party websites or resources but includes and refers to them here only for convenience.
Disclaimer of Warranties and Damages; Limitation of Liability
THIS WEBSITE, INCLUDING ITS CONTENT AND INFORMATION, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT OFFER OR PROVIDE ANY WARRANTY THAT THE FUNCTIONS, FEATURES OR CONTENT OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE. FURTHER, WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR OR A THIRD PARTY’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY MATERIALS ON IT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE LESSER OF (i) US$100; AND (ii) THE LOWEST AMOUNT ALLOWABLE UNDER APPLICABLE NATIONAL OR STATE LAWS, RULES AND REGULATIONS. YOU MAY HAVE ADDITIONAL RIGHTS IN CERTAIN JURISDICTIONS THAT DO NOT ALLOW BROAD DISCLAIMERS OR EXCLUSIONS OF WARRANTIES.
No Responsibility for Transmitted Material
You acknowledge that electronic transmissions to and from this website that are conducted over public communications networks that are not confidential, may be read or intercepted by others. Accordingly, no confidential, fiduciary, contractually implied or other relationship is created between you and CFMichaels.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Cook County in the State of Illinois and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and CFMichaels and supersede any other previous written or oral agreements. No waiver by either you or CFMichaels of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.