Terms and Conditions of Use

CBS Distributing, Inc.

TERMS OF SERVICE

1. Introduction

This website is operated by CBS Distributing, Inc. The terms “we,” “us,” and “our,” refer to CBS Distributing, Inc. The use of our website is subject to the following terms and conditions of use. These Terms of Service (the "Terms") may be amended from time to time and you should check periodically for changes. The Terms are to be read together by you with any other terms, conditions or disclaimers provided in the pages of our website, including terms applicable to our invoicing, if any. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with these Terms of Service. If you do not agree to the Terms of Service, you are not authorized to access our website, use any of our website’s services or place an order on our website.

2. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least 18 years of age, and legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or a violation of any state or federal law. You agree not to attempt to interfere, tamper with or disengage our website’s network or security features or to gain unauthorized access to our systems, security or network.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you, consistent with our Privacy Policy, below.

 

3. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

 

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

4. Products or Services

Purchases made through our website are subject to the Terms of Sale and Delivery Policy as posted on our website. Further, all purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website, or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in US Dollars. We reserve the right to substitute any product with a similar product of equal or greater value, or modify a product/product line without notice.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have placed an order with false or fraudulent information, we reserve the right to cancel the order and take corrective action that we deem appropriate in our sole discretion.

We do not guarantee the accuracy of the color or design of the products displayed on our website. We have made efforts to ensure the color and design of our products is displayed as accurately as possible on our website.

5. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

6. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for any Content posted, including but not limited to, its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express writtenconsent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations or its users. You will be solely liable for any Content that you make and its accuracy. We assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

7. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

8. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
 

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, our affiliates’, our content or service providers, or any of our respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

In the event that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations, may not apply to you. In that event, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website in violation of these Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 

10. Privacy Policy

To the extent that we collect personal data regarding the users of our website, including but not limited to names, addresses, payment and credit information, we will not make secondary use of that information for the benefit of any third party. We will not sell, release or exchange users’personal data to third parties. We will take reasonable efforts to keep users’ information secure. To the extent our website contains links outside our domain, we are not responsible for the content of those sites.

The security of your personal data is important to us. However, no method of transmission over the internet, or method of electronic storage is one hundred percent secure. Therefore we cannot guarantee that users of our website will enjoy absolute security.

11. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms. These Terms cannot be amended or modified by us except in writing and signed by a representative with the authority to modify or amend.

12. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

13. Headings

Any headings and titles herein are for convenience only.

14. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

15. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the State of North Carolina without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website shall only be brought and can only be filed in a state or federal court located within Mecklenburg County, North Carolinaand you irrevocably consent to this exclusive jurisdiction and venue in such courts.

16. Questions or Concerns

Please send all questions, comments and feedback to us at info@cbsdistributing.com.

  

 Terms of Sale

At present we do not accept credit card payments on our website. Full payment for all sales are due upon receipt, payable to CBS's delivery staff with cash or approved check, unless otherwise agreed upon with terms set and approved by CBS. Credit sales are available only to approved existing accounts. Credit status may be changed or cancelled without notice by CBS. Credit cards may be used to pay for your order if you have arranged with CBS to do so at a prior time. All amounts past due shall bear interest at the rate of eighteen percent (18%) per annum, one and a half percent (1½%) per month. A twenty five dollar ($25.00) fee will be charged to all returned checks. All first-time orders are C.O.D. (collect-on-delivery). All transactions are in U.S. Dollars unless other arrangements are approved in advance by CBS. All prices are subject to change without notice.

All listings seen on the website are subject to availability and/or change without notice and are not binding, expressly or implicitly, on CBS. CBS reserves the right to substitute any product with a similar product of equal or greater value, or change a product/product line without notice. CBS is not responsible for typographical errors or errors in descriptions of products herein. Images shown may not always directly portray products in stock. Please refer to our Terms of Service for more information in this regard.