CNF WEBSITE AND SALES TERMS

 

Last Updated and Effective: July 15, 2019

BY [CHECKING THE “ACCEPT” BOX], YOU REPRESENT THAT YOU (A) ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND YOUR ORGANIZATION (IF YOU ARE USING THE SITE ON BEHALF OF AN ORGANIZATION), AND (B) AGREE THAT THESE TERMS ARE LEGALLY BINDING ON YOU AND YOUR ORGANIZATION, IF APPLICABLE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE SITE. THE SITE IS ONLY INTENDED FOR USE BY PERSONS 18 OR OLDER. THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY.

 

Carolina Narrow Fabric Company and its affiliates (“CNF”, “we”, “us”, or “our”) operate one or more websites that link to these CNF Website and Sales Terms (the “Terms”), including www.carolinanarrowfabric.com and www.cnfmedical.com (collectively, the “Site”). These Terms apply to your use of such Site and any purchases through the Site.

 

These Terms do not alter the terms of any other agreement that you may have with us. Your clicking to accept these Terms or your use of the Site or making a purchase through the Site constitutes your acceptance of these Terms. If you do not agree with these Terms, please discontinue use of the Site.

 

We reserve the right to make changes to these Terms at any time by posting updated versions of these Terms. Each time you use the Site, you should access and review our then-current Terms that apply to your use of Site and any transactions you make while on our Site. If you do not agree with these Terms or if you are dissatisfied with the Sites’ content, you agree that your sole and exclusive remedy is to discontinue using the Site. These terms also set out your remedies if you are dissatisfied with any products purchased through the Site.

 

Sales terms that apply specifically to your purchase from www.cnfmedical.com:

 

a. Pricing and Sales Tax. All prices listed on this site are in U.S. dollars. Prices and availability of products and services may change due to market conditions and without notice. We endeavor to avoid errors in pricing and product information. Nonetheless, errors occur and will be corrected when discovered. CNF reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Generally, all sales are nonreturnable and refundable. CNF collects and remits sales tax as required by law, for transactions on the Site.

 

b. Orders. After you place an order using our shopping cart, we, or a third-party processor acting as our agent, will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All sales made through the Site are subject to our return policy shown below.

 

c. Limited Return Policy. Returns of unused products in their unopened original packaging will be accepted with our prior authorization if you notify us within ten (10) days of receipt of your product that you have received product that you have not ordered (e.g., wrong product or quantity delivered too high). You should decline with the delivery service, if possible, to accept products whose packaging is significantly, visibly damaged upon arrival in a manner that could cause damage inside the box. Returns of such products will be accepted with our prior authorization if you notify us within 24 hours of receipt of your product that you have received damaged product. We reserve the right to request a photo of the box to assess the extent of damage prior to accepting return shipment. Where we inadvertently shipped the wrong product, or the product was delivered with significant, visibly damages packaging, and you have complied with the return process in this paragraph, we will cover return shipping costs provided that you return the product to us as we instruct. Return issues should be addressed to customerservice@cnfmedical.com or (336) 631-3000.

 

d. Payment. We accept payment cards for payment through our third party payment processor. You will be notified of acceptable payment cards during the checkout process. Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed.

 

e. Discount Codes. CNF may but is not required to offer discounts. Promotional codes are debited at the time an order is placed and will automatically be redeemed up to the total purchase amount. The codes must be used prior to their expiration date and within a single transaction. The codes will not be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase. For more information, review specific offer details.

 

f. Changes. CNF may change its products or discontinue its products in its discretion at any time without notice, provided that we will notify you if a product under a pending order becomes unavailable.

 

g. No Inconsistent Terms. No terms inconsistent or additional terms to these Terms in any communication from you to CNF apply to any orders made through www.cnfmedical.com. Any such inconsistent or additional terms shall be void.

 

h. No Product Warranties.

 

THE PRODUCTS SOLD ON WWW.CNFMEDICAL.COM ARE PROVIDED AS-IS WITHOUT ANY WARRANTY. CNF DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH PRODUCTS, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE OR DEALING.

 

THE PRODUCTS ARE NOT WARRANTED TO ACHIEVE ANY PARTICULAR RESULT. CNF DOES NOT WARRANT OR GUARANTEE THAT THE PRODUCTS WILL TREAT ANY PARTICULAR MEDICAL CONDITION.

 

General terms that apply to your use of the site:

 

1. Product Images. We have attempted to accurately depict on the Site the products offered by us, including color and other characteristics. Nonetheless, the color you see is dependent upon your computer or device used to access the Site. We cannot, and do not, guarantee that the color you see will be accurate. Products may appear larger or smaller than their actual size. Some images have been enlarged to show detail.

 

2. Access Rights and Restrictions. Subject to these Terms, CNF grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Site solely for your individual business needs. You shall not: (a) copy the Site; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any source code of the Site; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof; or (e) remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Site.

 

3. Reservation of Rights. You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site subject to these Terms. CNF and its licensors and service providers reserve and retain all right, title, and interest in and to the Site, including all intellectual property rights therein.

 

4. Collection and Use of Your Information. By submitting personal information to us through the Site, you consent to the collection, use and storage of your information as outlined in our Privacy Policy, which is incorporated into and made part of these Terms.

 

5. Third-Party Materials. The Site may display, include, or make available third-party content (including available vendor services and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that CNF is not responsible for Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

6. Suspension. CNF may suspend, interrupt, terminate or limit any or all functionalities of the Site without prior notice. An individual user may optionally suspend or cease using the Site in his/her discretion.

 

7. Termination. Your rights to use the Site under these Terms will terminate immediately and automatically without any notice requirement if you violate any of the terms and conditions of these Terms. Upon such termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Site. Termination of your rights to access the Site will not limit any of CNF’s rights or remedies at law or in equity.

 

8. DISCLAIMER OF WARRANTIES.

 

THE SITE IS PROVIDED AS-IS WITHOUT ANY WARRANTY. CNF DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE OR DEALING. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR TO OPERATE WITHOUT INTERRUPTION.

 

9. Limits on Liability.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CNF OR ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. CNF’S LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED USD$10 IN THE AGGREGATE OR THE COST OF GOODS SOLD PER TRANSACTION THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

10. Additional Terms:

 

a. Indemnity. You agree to indemnify, defend, and hold CNF harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.

 

b. Export Regulation. You shall not, directly or indirectly, export, re-export, or use the Site or any products sold in violation of any U.S. export or re-export laws or regulations.

 

c. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the state of North Carolina without giving effect to any choice or conflict of law provision or rule.

 

d. Arbitration; Fees. Any controversy or claim arising out of or relating to these Terms or CNF products shall be settled by individual arbitration (without class action) in Winston-Salem, North Carolina, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. For the avoidance of doubt, the foregoing arbitration provision does not apply to any action taken by CNF to enforce its intellectual property rights or to seek injunctive relief. If CNF is the prevailing party in any arbitration proceeding or lawsuit against or involving you, then you shall pay CNF’s reasonable attorneys’ fees, costs and expenses incurred in such arbitration proceeding or lawsuit. Arbitration proceedings are confidential, unless all parties agree otherwise in writing. You hereby waive any right to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity.

 

e. Entire Agreement. These Terms comprise the complete agreement between CNF and users/purchasers of the Site, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site and products available through the Site.

 

f. Severability. If any provision of these Terms are illegal, invalid or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from these Terms and the remaining provisions will continue in full force and effect.

 

g. Waiver & Amendment. No failure to exercise, and no delay in exercising, on the part of CNF, 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. CNF may amend and update these Terms in the future and any such amendment will be effective upon the earliest of CNF’s posting of the updated terms on or through the Site, or CNF’s providing notice of the update to you otherwise. Your access or use of the Site after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.

 

h. Suggestions. With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to CNF, whether using the Site, or otherwise, regarding the Site or our products, you agree that: you have the right to provide the Feedback to CNF; CNF has no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and CNF has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.

 

i. Electronic Communications. When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

j. Online Accounts. To the extent a Site permits you to register or create a user account, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

 

k. Contact. Please direct any inquiries to CNF using the Site “Contact” feature or contact information provided.