Terms of Service for COLLSAM DISTRIBUTION Inc., (hereinafter “CDI”) operates this website (the “Website”) and makes available sales order and payment services through its website.
The Website offers an easy and more secure way for obligors to quickly make payments online. Through the Website, you can make a payment with a credit or debit card. You can also store your Payment Method information to easily make future payments.
You must be at least eighteen (18) years old and able to form legally binding contracts to access or use this Website. “You” and “your” as used in these Terms of Service refer to any person who views, accesses, uses, or obtains information from the Website or who submits a payment through the Website.
ACCEPTANCE OF TERMS OF SERVICE
CDI reserves the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Service every time you access our website and agree that any subsequent use of this Website by you following the posting of amended Terms of Service shall constitute your acceptance of the amended Terms of Service.
To use the payment services offered through this Website, you must register for an account and submit all required information requested. You must provide the information indicated to register a valid Payment Method, which will be used to make payments for your account.
You must provide current, complete, and accurate information to register the payment service and keep your website account information updated to continue to use the payment services. We reserve the right to request additional information to verify your identity or to otherwise determine whether to permit you to use the Website. You authorize CDI to obtain a credit report, make other credit, or background inquiries as CDI deem appropriate to evaluate your registration or continued use of the Payment Services. CDI reserves the right to refuse or terminate your registration and ability to use the Website in its sole discretion and without notice to you, to the extent permitted by law.
When you use the Website, you authorize CDI to confirm that your registered Payment Method is in good standing with your card issuer or financial institution. When you submit a payment through the Website, you agree to pay the “Total Payment” amount indicated, which CDI will charge to your designated Credit Card account. You also authorize CDI to credit your Payment Method in connection with reversals, refunds, or adjustments to the same payment method you initially used.
Your Credit Card account will be charged for the “Total Payment” amount invoiced at the time of order. No estimate will be provided when the payment information is submitted.
Completion of a payment transaction is contingent upon both the authorization of payment by your card issuer or financial institution. We may delay the processing of suspicious transactions or transactions that may involve fraud or violate applicable law, these Terms of Service, or our policies, at our sole discretion.
If your payment is unable to be processed, we will attempt to notify you at least once, using the contact information you have provided when submitting your account information on this Website. In the event your payment is not processed or authorized by your card issuer/financial institution your order may be delayed or any payment liability will remain outstanding and unpaid, and you will be subject to all applicable penalties, late fees, and interest charges all of which remain your sole responsibility.
USER CONDUCT AND OBLIGATIONS
- Use the Website in an unauthorized manner, or upload post or otherwise transmit through or to this Website any content, that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable.
- might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
- contains any viruses, trojan horses, time bombs, or any other harmful programs or elements.
- Damage, disable, disrupt, overburden, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers, or networks, or interfere with any other person’s use and enjoyment of the Website.
- Provide false information about yourself to us, impersonate any other person or company, or otherwise attempt to mislead others about your identity or the truthfulness or accuracy of the data you transmit through this Website.
- Collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses.
- Publish, reproduce, transmit, distribute, sell, or otherwise view, use, or access this Website, including any content contained on, downloaded, or accessed from this Website, except as specifically permitted in writing by us; or
- Intentionally alter the format in which personal or financial data is collected by this site or otherwise circumvent our regular interfaces to such data.
You may contact CDI’s Customer Service or Accounting departments if you have a question about the amount of your payment. If there is a billing error on the periodic statement you receive for your Credit Card account, or if your payment transaction is declined, you should contact your card issuer or bank.
CDI customer service staff are available to answer questions regarding the use of this Website. You should contact us in the event you have a question regarding why your Credit Card account was charged/debited. Please visit our Contact Us page for customer service information and to contact us online. You may also reach us by mail at: CDI, 40960 California Oaks Rd, Suite 331 Murrieta CA 92562, or by telephone at (951) 282-6360 on weekdays, 8:00 am to 5:00 pm PST.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that the performance of this Website and all information contained on, downloaded, or accessed from this Website are provided to you on an “as is” and “as available” basis, without REPRESENTATIONS OR warranties of any kind whatsoever, EXPRESS, OR IMPLIED, including any implied warranties or warranties of merchantability, fitness for a particular purpose, TITLE, or non-infringement of the rights of third parties.
CDI, its affiliates, subsidiaries, or its or their officers, managers, directors, principals, employees, contractors, or agents (collectively, the “CDI Parties”) shall not be responsible for and do not guarantee the accuracy, completeness, timeliness, suitability, or usefulness of this Website. None of the CDI Parties warrant that this Website will operate uninterrupted or error-free, or that this Website will be free of computer viruses or other harmful elements. You expressly agree that the risk as to the quality and performance of this Website and the accuracy, timeliness, or completeness of the content or services is assumed solely by you.
LIMITATION OF LIABILITY
In no event shall CDI nor any of their data providers be liable for loss or damage caused by your reliance on or use of this Website. In no event shall CDI be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising from the use or the performance of this Website or these Terms of Service, even if CDI or such provider has been advised of the possibility of such damages. Where exclusion or limitation of liability is limited by law, CDI liability is limited to the greatest extent permitted by law.
As a visitor to our Website, you acknowledge and agree that any reliance on or use by you of any information available on this Website shall be entirely at your own risk and you will be solely responsible for any damage to your or any other person’s computer system or loss of data that results.
Each party acknowledges that the other party has entered these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition, and without limiting the foregoing, CDI shall have any liability for failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of Nature or Natural Disaster, labor conditions, power failures, and Internet disturbances.
You agree to indemnify and hold harmless CDI from any claims, losses, liability, expenses, or demands, including reasonable attorneys’ fees, made by a third party due to or arising out of (i) your use of the Website, (ii) your non-compliance with these Terms of Service, (iii) any dispute or litigation caused by your actions or omissions, or (iv) your negligence or violation of law or rights of a third party.
You acknowledge that this Website and various elements thereof are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Website name, the logos, and other identifying marks are and shall remain the trademarks, service marks, and trade names of and exclusive property of CDI, its partners, or affiliates, and any unauthorized use of these marks is unlawful. Other company, product, and service names and logos on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with us. All content on this Website, including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics, is each individually and collectively the copyrighted property of CDI and is protected by international copyright law.
You agree to comply with international intellectual property laws and not to encumber any interest in, or assert any rights to, the content of this Website. The content on this Website may be used by you only for your personal or commercial use as part of your ongoing commercial or professional relationship with CDI as provided in these Terms of Service or with our prior written permission but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
USER LOGIN AND PASSWORD
You will be required to create an online account to use the Website to place orders and make payments. You kept your username and password for the Website confidential. You will be responsible for any order or payment transactions made through the Website with your username and password. You should notify us immediately if you believe your username and password have been compromised or used in an unauthorized manner.
You agree that we may communicate with you electronically, including by sending electronic mail to the email address you registered with the Website, or by posting a notice or communicating with you through the Website, regarding (i) this Terms of Service; (ii) payment transactions made through the Website; (iii) initial, periodic or other disclosures, receipts or notices provided in connection with a payment made through the Website, including those required by federal or state law; (iv) customer service matters; or (v) any other communications related to the Website or your use of CDI services.
We reserve the right, in our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part of this entire website or any services or information contained thereon without liability or notice to you. Upon termination, you remain liable for all payment transactions and any other obligations you have incurred.
Entire Agreement. These Terms of Service constitute the entire agreement between you and CDI and govern your use of the Website, superseding any prior agreements between you and CDI. The failure of CDI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Governing Law and Forum. These Terms of Service, and any controversy, dispute, or claim arising out of or relating to the payment services or Terms of Service, shall be governed by, and construed under the laws of the State of California, except for California’s choice of law rules. Each party agrees to submit to the personal and exclusive authority of the courts located in Riverside County, California.
Assignment. You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval. Any such attempted assignment shall be void. We reserve the right to assign these Terms of Service and the rights and obligations hereunder to any third party without notice to you or your consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns.
No Third-Party Beneficiaries. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and CDI and CDI affiliates which each shall be a third-party beneficiary of these Terms of Service. No other person shall assert any rights as a third-party beneficiary hereunder.
Survival. Upon termination of your use of the Website or these Terms of Service, the following sections in addition to this Section shall survive termination: Sections 4, 8, 9, 10, 11, 12, 13.
No Waiver. The failure of CDI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent authority, that provision shall be limited or eliminated to the minimum extent necessary, and the Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties.