TERMS AND CONDITIONS OF USE

Welcome to Cardinal’s website.

1. Agreement. These Terms of and Conditions of Use (“Terms of Use”) specify the terms and conditions for access to and use of Cardinal’s website located at www.cardinalpaint.com and all associated sites linked thereto by Cardinal, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Cardinal Paint and Powder, Inc. (“Cardinal”) and its licensors. By using this Site, you agree to comply with and be bound by the following Terms and Conditions of Use (“Terms of Use”). Please review these Terms of Use carefully. If you do not agree to these Terms of Use, do not use this Site. These Terms of Use may be amended or modified at any time by Cardinal. Any such modifications will be effective immediately upon posting. It is your responsibility to check the terms of these Terms of Use periodically for any modifications. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use as amended. 
2. Privacy. Your visit to the Site is also governed by our Privacy Policy. Please review our Privacy Policy. Cardinal reserves the right, and you authorize Cardinal, to use and assign all information regarding the Site uses by you and all information provided by you in any manner consistent with Cardinal’s Privacy Policy. By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that even if Cardinal exercises reasonably diligence to protect and encrypt information using industrial standard encryption programs, any information you send to or process through the Site may be read or intercepted by others.       
3. Content. All content, including but not limited to, text, graphics, user interfaces, visual interfaces, videos, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code (collectively, “Content”) contained on the Site is owned by or licensed to Cardinal, and is protected under applicable copyright, patent and trademark laws, and other proprietary rights. Except as expressly permitted by Cardinal, you are prohibited from copying, distributing, reproducing, transmitting, using or republishing any Content or any part of the Site. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.  Cardinal makes certain Content, including but not limited to technical information on Cardinal products and services, available on the Site for your use, provided that your use is limited to your personal purpose, you do not alter or modify the information, you do not remove any proprietary notice, and you do not make any additional representations or warranties. 
4. Intended Audience. The Site is intended for adults only. The Site is not intended for any children under the age of 13.
5. Site Use. Pursuant to the Terms of Use, you have limited, revocable, nonexclusive license to use this Site solely for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to circumvent the navigational structure of the Site, reverse engineer, monitor or break into the Site, or use any Content in violation of any applicable laws. You are absolutely prohibited from (i) scanning or monitoring the Site for any vulnerability, (ii) breaching the security or testing for breach of security of the Site, (iii) interfering with the infrastructure of the Site or any system connected to the Site, (iv) exploiting the Site to gain or reveal any information, including any personal information, other than your own as authorized in the manner or navigational course provided by Cardinal, or (v) using the Site or any Content for any purpose that is illegal or prohibited by the Terms of Use. Your use of this Site is at the sole and absolute discretion of Cardinal and Cardinal may terminate your use of this Site at any time.
6. Terms of Sale. Any purchases of goods or services offered or provided on the Site are subject to the Terms and Conditions of Sale (“Terms of Sale”) [provide website here in a parenthesis or hyperlink the term “Terms of Sale”], which are incorporated herein by this reference. To the extent there is any conflict or inconsistency between these Terms of Use and the Terms of Sale published on the Site, the Terms of Sale shall control with respect to your purchase of products on the Site.      
7. Links to Third Party Sites. This Site may contain links to other independent third party websites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to the users of Cardinal’s Site. Such Third Party Sites are not under Cardinal’s control, and Cardinal is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained thereon. 
8. Security. Certain features or services offered on or through the Site may require you to open an account using your unique log-in name and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Cardinal immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cardinal or any other user or visitor of the Site due to someone else using your log-in, password or account as a result of your failure to keep your account information secure and confidential. Cardinal will not be liable for any loss or damage arising from your failure to comply with these obligations.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
10. Violation of the Terms of Use. In the event of a violation or suspected violation of these Terms of Use, Cardinal may disclose any information Cardinal may have about you, including but not limited to your personal information, to investigate your use of the Site, and to prosecute legal actions against you or anyone who may be in violation these Terms of Use. You acknowledge and agree that Cardinal may transmit or disclose your information, including personal information, or communication with you to comply with any legal process, to enforce these Terms of Use, and to protect the rights and properties of Cardinal, its affiliates, users, customer and any third parties. Cardinal reserves the right to terminate your use or access to the Site in the event of your violation or suspected violation of these Terms of Use. You acknowledge and agree that your violation of these Terms of Use will cause irreparable harm to Cardinal for which monetary damage may be inadequate, and as such, you unequivocally consent to an injunctive or equitable relief against you as Cardinal determines necessary or appropriate in such situation. In the event of your violation of these Terms of Use and any legal action against you, in addition to any relief Cardinal may obtain, Cardinal will seek and recover from you any and all costs and fees, including attorney fees, related to such legal action.
11. Indemnification. You agree to indemnify, defend and hold Cardinal and its partners, affiliates, successors, predecessors, subsidiaries, shareholders, officers, directors, employees, and agents harmless from any demand, liability, loss, claim or expense, including reasonable attorney’s fees, arising from or related to your violation of these Terms of Use or use of the Site.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARDINAL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CARDINAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. CARDINAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED BY CARDINAL. CARDINAL CANNOT ENSURE OR WARRANT THAT ANY CONTENT OR DATA ON THE SITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. THIS DISCLAIMER PROVISION APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. CARDINAL, IN ITS SOLE AND ABSOLUTE DISCRETION, RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES. THE PROVISIONS OF THIS PARAGRAPH IS AN ESSENTIAL CONDITION OF YOUR USE OF THE SITE, AND WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CARDINAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING ALLEGED DAMAGES FROM LOSS OF BUSINESS, LOSS OF PROFIT OR LOSS OF DATA), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, OR THE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO CEASE ALL YOUR USE OF THE SITE.

The foregoing exclusion of warranties and limitation on liability shall apply to the fullest extent allowed by applicable law. In the event that the above exclusion of warranties or limitation of liability is prohibited or unenforceable in certain jurisdictions, the scope and duration of such warranty and the extent of Cardinal’s liability will be the minimum permitted under applicable law.

1. Governing Law; Jurisdiction; Dispute Resolution. The laws of the State of California shall govern these Terms of Use, your use of the Site, and all matters relating to the Site, without regard to any conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action will be waived. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. Subject to the limitation of liability set forth herein above, no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Cardinal and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute informally. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation, which shall take in Los Angeles County, California. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. 
2. Void Where Prohibited; Severability. Any offer or advertisement of any product or service made on the Site is void where prohibited. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
3. Miscellaneous. These Terms of Use constitute the entire agreement between you and Cardinal with regards to your use of the Site. These Terms of Use shall not be subject to any counter offers, and all such offers, whether presented now or in the future, are hereby expressly and categorically rejected.  

 

 

 

Information contained in this website is subject to change without notice. 

Cardinal Paint and Powder, Inc. | 1329 Potrero Avenue, South El Monte, California 91733 | Tel. (626) 444-9274 | Fax (626) 444-0382