We, CMP Corporation ("CMP," "we" or "us"), maintain this Web site (the "Site") as a service to our customers. By using the Site, you are agreeing to comply with and be bound by this Terms of Use agreement (the "Agreement"). You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and creates a valid, binding contract between you and us. If you do not agree to all of the terms of this Agreement, you should proceed no further and obtain no products or services through the Site. This Agreement constitutes the entire agreement between you and CMP, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site. This Agreement may be amended from time to time without specific notice to you; however, if we amend this Agreement, we will post the revised Agreement on the Site. For your convenience and future reference, the date of the version of this Agreement is listed below. You can print the version of the Agreement that you reviewed and approved, and compare it to the version in effect when you use our Web site in the future to determine what, if any, changes have been made.
Description of Service.
CMP offers users the ability to purchase high quality compressor replacement parts online.
Limited Right to Use.
You may download content from the site, including but not limited to, the CMP catalog ("Content"), for your personal, non-commercial use only. However, you must retain all copyright, trademark and other proprietary notices contained in the Content. You further agree not to republish, distribute, display, assign, sublicense, sell, or prepare derivative works based on the Content. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We prohibit unauthorized hypertext links to the Site and the framing of any Content available through the Site.
Proprietary Rights.
All Content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are the sole and exclusive property of CMP and are protected under applicable copyrights, trademarks, patent or other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site.
Trademarks/Service Marks.
CMP is a registered trademark of CMP Corporation. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners and may not be reproduced without the express written consent of the trademark or service mark owner. As a replacement parts manufacturer, CMP uses these marks only to describe the various manufacturers whose products it has designed parts to fit. Use of the marks in the manner should not be viewed as indicating any affiliation between CMP and the company being named or that the company being named approves of the parts made by CMP.
Parts Numbers.
As a replacement parts manufacturer, CMP may use original equipment manufacturer parts numbers on the Site to indicate that the parts are comparable to or designed to be used in place of the original equipment manufacturer part. Use of the original equipment manufacturers parts numbers in this manner should not be viewed as indicating any affiliation between CMP and the original parts manufacturer whose parts are being discussed or that the original parts manufacturer approves of the parts made by CMP.
Editing, Deleting and Modification.
We reserve the right to, in our sole discretion, edit or delete any information or other Content appearing on the Site.
Purchasing Goods.
In order to better serve our customers, we provide you with two ways to purchase goods. You may purchase goods using a current credit card, or if you have established a credit account with us, you may charge the goods you wish to purchase to your account. Please note that all terms and conditions associated with credit account purchases shall apply to all goods purchased through the Site. If you do not have a credit account with us but would like to apply please contact CMP Corporation customer service for a credit application. Please note that we reserve the right to impose a minimum purchase requirement of ten dollars ($10.00) for all orders we receive. Orders we receive for less than this amount may be assessed a service charge sufficient to satisfy the minimum purchase requirement.
Order Acceptance/Confirmation
Upon placing an order, CMP will forward to the email address you provided when you placed the order an email listing the specifics of your order. Please be advised that receipt of the aforementioned email does not constitute acceptance of your order by CMP. The email is simply provided as a courtesy to you.
Order Limitations.
CMP reserves the right, in its sole discretion, to refuse to sell to any person and to deny, reject or cancel any order placed with us for any reason. If we reject your order, we will make reasonable efforts to notify you through the email address you provided and will credit your account for the amount paid for the cancelled or rejected order.
Quantity Limitations.
CMP reserves the right, in its sole discretion, to limit the quantity of items purchased per person, per company or per order. If we decide to make a change to an order, we will make reasonable efforts to notify you through the email address you provided when you placed the order and will credit your account for the amount paid for the cancelled or rejected portion of the order.
Shipping.
All items ordered through the Site will generally ship to you within two (2) business days of acceptance of the order. However, all items sold through the Site are subject to product availability and, as a result, there may be times when the product you ordered is not immediately available for shipment. In the event that your order cannot be shipped within two (2) business days of receipt of payment, CMP will attempt to contact you through the email address you provided when you placed the order and will provide an anticipated shipment date.
Returns.
Written authorization must be obtained from CMP prior to returning any merchandise purchased through the Site. A copy of the aforementioned authorization along with a copy of the original invoice must accompany the returned good and must be received by CMP within thirty (30) days of the date of shipment. Upon receipt, the cost of the good will be credited to your account. Please note that a restocking charge of 25% of the purchase price of the good shall apply to all returns.
Claims for Defective Goods.
Any and all claims for defective goods must be submitted in writing, along with the allegedly defective good, to CMP within thirty (30) days of the date of shipment once a Return Material Authorization has been issued. Failure to comply with this requirement shall result in all claims being waived. If CMP determines, in its sole discretion, that the product(s) purchased is defective, the defective product will be replaced or the cost of the good credited to your account. Please note that a restocking charge of 25% of the purchase price of the good shall apply to merchandise which CMP determines to be non-defective.
Warranties.
CMP warrants all parts sold through the Site to be free from defects in material and workmanship for a period of ninety (90) days from shipment.
Security.
By using this site you agree to be responsible for maintaining the confidentiality of your account information and password and for restricting third-party access to your computer. You agree to be responsible for all activities or transactions that occur under your account. You further agree to only use the Site for lawful purposes. In addition, you agree not to: (i) access or attempt to access any private data of third parties; (ii) use any device or program to interfere with the normal operation of the Site or otherwise disrupt the Site; or (iii) use or attempt to use any search engine, software, tool or device, including but not limited to browsers, spiders, robots, avatars or intelligent agents, to search the Site other than the search engine and search agents provided by CMP.
Export.
Some items purchased through the Site may be subject to United States Export Controls laws. Accordingly, we will make commercially reasonable efforts to notify you of any parts you order which are subject to export control laws; however, the ultimate responsibility for complying with the United States Export Controls laws resides with the party exporting the goods; namely, you. Accordingly, we suggest that you also check the denied persons and countries list accessible through the Bureau of Industry and Security website located at www.bis.doc.gov before exporting any goods purchased through the Site.
Indemnification.
You agree to indemnify, defend and hold CMP and its partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site or any good purchased through the Site.
Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or purchase products or services is not transferable and any transfer or assignment made in violation of this provision shall be void.
Disclaimer.
THE CONTENT, PRODUCTS AND SERVICES OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, OTHER THAN AS STATED HEREIN, WHETHER EXPRESS OR IMPLIED ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT). WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE CONTENT, PRODUCTS OR SERVICES OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability.
Our maximum liability to you under all circumstances shall be limited to either the replacement of any part found to be defective or a refund of monies paid for the allegedly defective part. CMP, in its sole discretion, shall select which remedy shall apply.
Use of Information.
We maintain this Web Site as a service to our customers. By using the Site you authorize us to use and assign all information obtained either directly from you or through your use of the Site in any manner consistent with our Privacy Policy. This information may include all personal information provided by you as well as non-personal information such as the type of browser or operating system you are using and the domain name of your Internet service provider. In order to best serve you, this information may be used to contact you about your account with us and to offer you information about new products or programs available at our Site as well as to make improvements to our Site. This information may also be provided to certain third parties. These third parties may include appropriate governmental or law enforcement authorities, federal regulatory agencies, credit services and others as necessary to provide the products or services requested or to assist in the investigation of fraud, harassment or any other unlawful activity.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement.
Payments.
You represent and warrant that if you are purchasing something from us or that (i) any credit card information or other information you supply is true, correct and complete, (ii) charges incurred by you will be honored by you or your credit card company, and (iii) you will pay all charges incurred by you at the posted prices, including any applicable taxes.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Oklahoma County, Oklahoma, and shall be governed by and construed in accordance with the laws of the State of Oklahoma (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All disputes arising from or related to this Agreement shall be resolved by final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act and the award may be enforced in any court of competent jurisdiction. In the event the dispute involves a claim in excess of $200,000, three arbitrators shall be employed. No discovery depositions shall be taken in any dispute but each party shall be entitled to make reasonable requests for documents and information, to which responses shall be due in twenty days. To the extent that public policy permits, the parties agree that the award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained. All administrative costs of the arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees and litigation expenses and not those of the adversary. The arbitration hearing shall be conducted in Oklahoma City, Oklahoma. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.