TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (Ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CBDURANCE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
These Terms And Conditions (These “Terms”) Apply To The Purchase And Sale Of Products Through Www.CBDurance.com (The “Site”). These Terms Are Subject To Change By CBDurance (Referred To As “Us”, “We”, Or “Our” As The Context May Require) Without Prior Written Notice At Any Time, In Our Sole Discretion. Any Changes To The Terms Will Be In Effect As Of The “Last Updated Date” Referenced On The Site. You Should Review These Terms Prior To Purchasing Any Products That Are Available Through This Site. Your Continued Use Of This Site After The “Last Updated Date” Will Constitute Your Acceptance Of And Agreement To Such Changes.
(C) Terms Of Payment Are Within Our Sole Discretion And, Unless Otherwise Agreed By Us In Writing, Payment Must Be Received By Us Before Our Acceptance Of An Order. We Accept Visa, Mastercard, Discover And American Express For All Purchases. You Represent And Warrant That (I) The Credit Card Information You Supply To Us Is True, Correct And Complete, (Ii) You Are Duly Authorized To Use Such Credit Card For The Purchase, (Iii) Charges Incurred By You Will Be Honored By Your Credit Card Company, And (Iv) You Will Pay Charges Incurred By You At The Posted Prices, Including Shipping And Handling Charges And All Applicable Taxes, If Any, Regardless Of The Amount Quoted On The Site At The Time Of Your Order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
You Are Responsible For All Shipping And Handling Charges On Returned Items. You Bear The Risk Of Loss During Shipment. We Therefore Strongly Recommend That You Fully Insure Your Return Shipment Against Loss Or Damage And That You Use A Carrier That Can Provide You With Proof Of Delivery For Your Protection.
Refunds Are Processed Within Approximately FIVE (5) Business Days Of Our Receipt Of Your Merchandise. Your Refund Will Be Credited Back To The Same Payment Method Used To Make The Original Purchase On The Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For Defective Returns, Please Refer To The Manufacturer’s Warranty (See Section 6 And Section 7) Included With The Product Or As Detailed In The Product’s Description On Our Site.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original consumer who purchased the products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of any services provided, if any.
THIS LIMITED WARRANTY CONTAINED IN THIS SECTION 6 SHALL ONLY APPLY TO TRANSACTIONS BETWEEN US WITH DIRECT CONSUMERS. ANY TRANSACTION BETWEEN US AND ANY BUSINESS SHALL BE GOVERNED BY THE WARRANTY TERMS CONTAINED WITHIN SECTION 7.
(b) What Does This Warranty Cover?
This limited warranty covers, during the Consumer Warranty Period (as defined below), defects in materials and workmanship in products purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damage due to:
(iii) Improper use;
(iv) Failure to follow product instructions;
(vi) Combination or use with any products, materials, processes, systems or other
matter not provided or authorized by CBDurance; or
(vii) External causes such as accidents, abuse, or other actions or events beyond
our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for THIRTY (30) days (the “Consumer Warranty Period”). The Consumer Warranty Period is not extended
if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Consumer Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call or email our Customer Service Department during the Consumer Warranty Period to obtain an RMA number. No Warranty service will be provided without an RMA number. Once an RMA number is obtained, we will send an e-mail to you within FIVE (5) business days at the e-mail address provided by you upon your purchase of the products describing the means in which we will honor this Limited Warranty.
(g) Limitation of Liability.
THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What Can You Do if a Dispute Arises With Us?
The informal dispute resolution procedure detailed in Section 13 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
(B) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 7(A), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE BY YOUR BUSINESS, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (Ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (Iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALIING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(C) Products Manufactured By A Third Party (“Third Party Product”) May Constitute, Contain, Be Contained In, Incorporated Into, Attached To Or Packaged Together With, The Products. Third Party Products Are Not Covered By The Warranty In Section 7(A). For The Avoidance Of Doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (Ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (Iii) WARRANTY OF TITLE; OR (Iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(D) We Shall Not Be Liable For A Breach Of The Warranties Set Forth In Section 7(A) Unless: (I) You Give Written Notice Of The Defective Products, As The Case May Be, Reasonably Described, To Us Within FIVE (5) Business Days Of The Time When You Discover Or Ought To Have Discovered The Defect; (Ii) If Applicable, We Are Given A Reasonable Opportunity After Receiving The Notice Of Breach Of The Warranty Set Forth In Section 7(A) To Examine Such Products And You (If We So Request) Return Such Products To Our Place Of Business At Your Cost For The Examination To Take Place There; And (Iii) We Reasonably Verify Your Claim That The Products Are Defective
(E) We Shall Not Be Liable For A Breach Of The Warranty Set Forth In Section 7(A) If: (I) You Make Any Further Use Of Such Products After You Give Such Notice; (Ii) The Defect Arises Because You Failed To Follow Our Oral Or Written Instructions As To The Storage, Installation, Commissioning, Use Or Maintenance Of The Products; Or (Iii) You Modify, Alter Or Repair Such Products Without Our Prior Written Consent
(F) Subject To Section 7(D) And Section 7(E) Above, With Respect To Any Such Products During The Business Warranty Period, We Shall, In Our Sole Discretion, Either: (I) Repair Or Replace Such Products (Or The Defective Part) Or (Ii) Credit Or Refund The Amounts Paid By You For Such Products Provided That, If We So Request, You Shall, At Your Expense, Return Such Products To Us.
(G) THE REMEDIES SET FORTH IN SECTION 7(F) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 7(A).
(H) Limitation Of Liability.
(I) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL OR INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(Ii) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE SITE.
(a) Aggregate Data. We generally record certain information, pertaining to frequency of visitors to the Site. This information may include the websites that you access immediately before and after your visit to our Site, your internet browser, and your IP address. If we use any such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally. Nor does our Site require browser add-ons or cookies.
(b) Personally Identifiable Information. Information voluntarily submitted to our Site in the form of a request for general information or through submission of a business proposal may be recorded and used, including but not limited to information such as your name, phone number and email. We use this information only for business purposes and to fulfill your order request. We will not use your personal information for any other purpose without your permission. We may use may use internal service providers to operate our website and employ other person to perform work on our behalf. These persons may have access to personal information you voluntarily submit through the website, but merely for the purpose of performing their duties. CBDurance withholds all personally identifiable information, except in certain instances, when required by law to disclose information to government agencies or private parties in connection with any allegations, claims, actions, suits, demands, obligations, liabilities, judgments, investigations, subpoenas, or similar event. By purchasing a product from our Site, you authorize us to disclose any information necessary under the aforementioned circumstances.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND CBDURANCE ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(B) For Direct Consumer Transactions The Arbitration Will Be Determined Exclusively By Arbitration Held In Denver, Colorado, And Will Be Governed Exclusively By The Colorado Revised Arbitration Act, §§ 13-22-201, Et Seq., C.R.S. (The “CRAA”).
(C) The Arbitrator Will Be Selected From The Roster Of Arbitrators At Judicial Arbiter Group, Inc. In Denver, Colorado (“JAG”), Unless The Parties Agree Otherwise. If The Parties Do Not Agree On The Selection Of A Single Arbitrator Within Ten Business Days After A Demand For Arbitration Has Been Made, Then JAG Will Select The Arbitrator From Among Its Available Professionals. An Arbitration Will Be Held In Denver, Colorado. Arbitration Of All Disputes And The Outcome Of The Arbitration Will Remain Confidential Between The Parties Except As Necessary To Obtain A Court Judgment On The Award Or Other Relief Or To Engage In Collection Of The Judgment.
(D) The Parties Irrevocably Submit To The Exclusive Jurisdiction Of The State Courts Located In Denver, Colorado, With Respect To This Section 13 To Compel Arbitration, To Confirm An Arbitration Award Or Order, Or To Handle Court Functions Permitted Under The CRAA. The Parties Irrevocably Waive Defense Of An Inconvenient Forum To The Maintenance Of Any Such Action Or Other Proceeding. The Parties May Seek Recognition And Enforcement Of Any Colorado State Court Judgment Confirming An Arbitration Award Or Order In Any United States State Court Or Any Court Outside The United States Or Its Territories Having Jurisdiction With Respect To Recognition Or Enforcement Of Such Judgment.
(E) You Agree To An Arbitration On An Individual Basis. In Any Dispute, NEITHER YOU NOR CBDURANCE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitral Tribunal May Not Consolidate More Than One Person’s Claims, And May Not Otherwise Preside Over Any Form Of A Representative Or Class Proceeding. The Arbitral Tribunal Has No Power To Consider The Enforceability Of This Class Arbitration Waiver And Any Challenge To The Class Arbitration Waiver May Only Be Raised In A Court Of Competent Jurisdiction.If Any Provision Of This Arbitration Agreement Is Found Unenforceable, The Unenforceable Provision Will Be Severed And The Remaining Arbitration Terms Will Be Enforced.