Effective Date: August 4, 2023
By using our Website, you agree to the following terms and conditions (the “Terms”). We encourage you to read these Terms in their entirety before using the Website or purchasing any of our Products.
In these Terms, the following definitions apply unless the context requires otherwise:
Please note that the headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
All prices displayed on the Website are quoted in U.S. dollars. We reserve the right, without notice, to change the prices of our Products or discontinue any Product at any time. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason.
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information may result in order cancellation. Prior to accepting an order, we may also request additional information from you. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, as well as all shipping and handling charges and applicable taxes.
Payment for Products and services is to be made by credit card, debit card, or other payment methods as specified on the Website. By submitting your payment information, you expressly authorize us and our third-party payment processors to charge the total amount for the Products purchased plus any shipping and handling charges and taxes to your selected payment method.
We shall not be held responsible for any delivery delays once the Products have been dispatched to the delivery carrier. We will make every effort to facilitate the delivery of the Products according to the estimated delivery times provided on our Website, but we do not guarantee any delivery dates.
Our return and refund policy are available on our Website. Please review this policy for complete information concerning your rights and responsibilities with respect to returns and refunds.
All Content included in the Website, including but not limited to text, design, graphics, interfaces, code, photographs, clips, videos, music, downloadable content, and software, is the property of CDC LLC, its licensors, or the respective owners of such Content who have granted CDC LLC the right and license to use such Content and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws.
You agree not to copy, distribute, reproduce, sell, license, publish, revise, or create derivative works from any part of the Website or any Content obtained from the Website, including the software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all related rights unless expressly authorized by these Terms or with written permission from the Company.
The trademarks, service marks, logos, and trade names (collectively, the “Trademarks”) displayed on this Website, or on content available through this Website, are registered and unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners.
The Company’s trademarks, names, logos, and any other product and service names that are used in the Website are the trademarks of the Company. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written permission of the Trademark owner.
Unauthorized use of any Trademarks, logos, or brand names, whether owned by the Company or others, may lead to legal repercussions, including claims for infringement. The Company retains all rights regarding its Trademarks, trade names, brand names, logos, and trade dress.
The Company respects the intellectual property rights of others and requests that you do the same. If you believe your copyright or other intellectual property rights have been infringed by a posting on the Website, you should send notification to our designated agent immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), our designated agent for notice of alleged copyright infringement appearing on the Website is:
You must respect the proprietary rights of others, including copyright, trademark, trade secret, and other intellectual property rights. You agree that you will not use our intellectual property rights, except as permitted under these Terms, and you will not use or import the intellectual property rights of others without their or our written permission, as applicable.
You will not use the Website or Content provided through the Website in violation of the rights of any third party or applicable law, rule, or regulation, including but not limited to copyright, trademark, trade secret, or other intellectual property rights.
The misuse of any trademarks or any other content on the Website, except as provided in these Terms, is strictly prohibited. You are advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.
By accessing and using the Website, you agree that you will:
You will use the Website and our services for lawful purposes only. You agree to comply with all local, state, national, and international laws, rules, and regulations applicable to your use of the Website and our services, including copyright laws, third-party rights, and privacy laws.
You agree not to engage in any of the following prohibited activities:
Any content uploaded by you or through your account, including but not limited to product reviews, comments, or suggestions, is considered User Generated Content. You retain all rights in, and are solely responsible for, the User Generated Content you post to the Website.
By posting User Generated Content, you grant CDC LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CDC LLC for all claims resulting from content you supply.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should notify us immediately if you believe there has been any breach of security, such as the unauthorized disclosure or use of your username or password.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. Violations of these Terms may result in termination of your account without notice.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CDC LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS OR OTHER INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF CDC LLC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CDC LLC TO ACCESS AND USE THE WEBSITE.
You agree to defend, indemnify, and hold harmless CDC LLC, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of St. Charles, Missouri, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
CDC LLC reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Website and the services for any or no reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. CDC LLC may also stop providing the services or any part thereof, or create limits on the use of the services at any time without prior notice.
Upon termination, CDC LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files, the Website, and the services. CDC LLC shall not be liable to you or any third party for any termination of your access to the Website or the services.
In the event of termination, you will no longer have access to the services provided by the Website, including access to your account, and you must cease all use of the Website and the services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for compensation, reimbursement, or damages for any termination of these Terms, for any deletion of your User Generated Content or for the cessation of any work or services.
The termination of these Terms will not limit any of CDC LLC’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of any of your obligations under the present Terms.
When you use the Website or send emails to CDC LLC, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from CDC LLC intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website.
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to CDC LLC with respect to the Website shall remain the sole and exclusive property of CDC LLC. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
With your permission and/or where permitted by law, CDC LLC may from time to time send you marketing emails about our services, new product features or other news about us. You can opt-out of our marketing emails at any time.
From time to time, we may need to send you important announcements about the Website, such as changes to our terms, conditions, and policies (which you may not opt out of).
To provide you with customer support, we may need to communicate with you, including by email or phone, using the contact information you provided (including without limitation for product support and billing issues).
Your acceptance of these Terms constitutes your acceptance of the foregoing terms and conditions applicable to communications.
These Terms and your use of the Website shall be governed by the laws of the State of Missouri, without giving effect to its conflict of laws provisions. Any legal action or proceeding related to the Website will be brought exclusively in a federal or state court of competent jurisdiction sitting in Missouri.
The Company reserves the right to make changes to these Terms at any time. Your continued use of the Website constitutes your acceptance of such changes. You should therefore periodically visit this page to review the then-current Terms. These Terms were last revised on August 8, 2023.
Please review our Privacy Policy, which is incorporated herein by reference and governs your use of the Website. The Company’s Privacy Policy lays out the terms and conditions that apply to your use of the Website and provides information on our data collection and usage practices.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CDC LLC NOR ANY PERSON ASSOCIATED WITH CDC LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER CDC LLC NOR ANYONE ASSOCIATED WITH CDC LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CDC LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY CDC LLC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Any such invalidity or unenforceability will not invalidate or render unenforceable any other portion of this agreement. To the extent that any provision of these Terms is adjudicated to be invalid or unenforceable because it is overly broad, that provision shall not be void but rather shall be limited to the extent required by applicable law and enforced as so limited.
Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.
No failure to exercise, and no delay in exercising, on the part of CDC LLC, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
In the event of a dispute regarding this agreement, you agree that the “no waiver” provision ensures that failed attempts to resolve the dispute do not waive any rights of CDC LLC and that exceptions to the agreement are not implied due to any suggested or actual waiver of CDC LLC’s rights by CDC LLC.
A waiver by CDC LLC of any term or condition set forth in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CDC LLC to assert a right or provision under these Terms does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CDC LLC.
CDC LLC will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts beyond CDC LLC’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) widespread Internet outage; (i) the unavailability or delay of suppliers; and (j) other similar events beyond the control of CDC LLC.
CDC LLC will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either you or CDC LLC may terminate these Terms upon written notice. This Section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the products.
This agreement and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
We reserve the right to change, modify, or update these Terms at any time without notice. Any changes will be effective immediately upon posting on the Website, and your continued use of the Website after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by them.
This Terms and Conditions page was last updated on August 8, 2023.