Website Terms of Use and Conditions
Website Terms of Use and Conditions Agreement
CMC Government Services, Inc. dba CMC Government Supply (“CMC Government Supply”) provides and operates an online store for the sale of products (“Services”). This Terms of Use and Conditions Agreement (“Agreement”) describes our policies and practices while you are using the www.cmcgov.com website (“Site”). If you become a customer of CMC Government Supply by making a purchase products through the Site (“Products”), you will also agree to be bound by the Standard Commercial Terms of Sale Agreement, which shall exclusively govern all sales from the Site.
1. Notice
This Site is
owned and operated by CMC Government Supply. CMC Government Supply has the
right at any time to change or discontinue any aspect or feature of the Site
including, without limitation, the content and software needed for access or
use of the Site. By agreeing to use this Site and its Products, you understand
and agree to all terms and conditions of this Agreement, which may be revised
from time to time. You may visit the Site to review any revised Agreement.
All such changes will be binding on you 14 calendar days after they are
initially posted on the Site unless you are a new user, in which case they are
binding on you immediately.
2. Intended Use
a.
This Site is intended for your
benefit, to become familiar with the Products and services of CMC Government
Supply, and to educate you on our company and our services.
b. You understand that CMC
Government Supply does not accept any liability whatsoever for any harm that
might result from any statements presented on the Site, including third-party
advertisements posted on the Site.
c. You understand that any
statements by CMC Government Supply, its employees, agents, and affiliates are
provided for informational purposes only.
3. Our Services
a. CMC Government Supply makes no
predictions, warranties, or guarantees, express or implied, about the quality
of any of the services or Products provided by any individual, company, or
service provider utilizing the Site or featured on the Site and assumes no
liability related thereto.
b.
You understand that price quotes
offered are subject to CMC Government Supply’s final approval and do not
guarantee acceptance of an offer.
4. Restrictions
on Use
The viewing,
printing, or downloading of any content, graphic, form, or document from the
Site grants you only a limited, nonexclusive license for use solely by you for
your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. No part of
any informational material, form, or document may be reproduced in any way or
incorporated into any information retrieval system, electronic or mechanical,
other than for your own personal use (but not for resale or distribution).
5. Privacy Policy
Please see our Privacy Policy, which is
incorporated herein by reference, to review how information collected on the
Site is used by CMC Government Supply.
6. Use of
Information and Materials
The
information and materials contained in these pages, and the terms, conditions,
and descriptions that appear, are not subject to change. Unauthorized use of
our Site and systems including but not limited to unauthorized entry into our
system, misuse of passwords, or misuse of any information posted on the Site is
strictly prohibited. Not all products and services are available in all
geographic areas. Your eligibility for particular products and services is
subject to final determination by us.
7. Disclosure of
Collected Information
a. Information
from the Site. Except as provided in this Agreement and in our Privacy
Policy, CMC Government Supply will not disclose to non-affiliated third parties
without your prior approval, your e-mail address, phone number, or other
personal information, that we collect via the Site. CMC Government Supply,
however, will cooperate with official law enforcement inquiries, such as fraud
investigations, subpoenas, and all other government requests, and will disclose
your information when necessary to comply with state and federal laws and
regulations.
b. Disclaimer.
We cannot ensure that all of your private communications and other personal
information will never be disclosed in ways not otherwise described in this Agreement
and in our Privacy Policy. By way of example (without limiting the foregoing),
we may be forced to disclose personal information to the government or third
parties under certain circumstances, third parties may unlawfully intercept or
access transmission or private communications, or users may abuse or misuse
your personal information that they collect from our Site.
c. Type
of Information Collected. CMC Government Supply or our third-party
vendors may collect personal information, such as: your name, e-mail address,
postal address, shipping information, telephone and facsimile numbers, and
URL. CMC Government Supply may also automatically gather and store the
following information in log files: IP addresses, browser types, ISPs,
referring/exit pages, operating systems, date/time stamps, and movements around
the Site. The Site may also gather demographic information.
8. Enforcement
a. Limitations
of Warranties and Remedies. To the
full extent allowed by law, CMC Government Supply disclaims all warranties,
terms, or conditions, express or implied, either in fact or by operation of
law, statutory or otherwise, including warranties, terms, or conditions of
merchantability, and fitness for a particular purpose. CMC Government Supply
neither assumes nor authorizes any other person to assume for it any other
liability in connection with the sale and use of the services and the Site. In
no event will CMC Government Supply be liable for any incidental,
consequential, punitive or special damages, including, without limitation, lost
profits or revenues, even if CMC Government Supply has, or should have had, any
knowledge, actual or constructive, of the possibility of such damages.
b. Indemnification.
You agree to defend, indemnify, and hold harmless CMC Government Supply and its
officers and employees (the “CMC Government Supply Parties”) against any and
all third party claims, suits, costs, losses, liabilities, and expenses of any
kind (including reasonable attorneys’ fees) that the CMC Government Supply
Parties may incur arising out of or resulting from the use of the Site or any
of the products or services of CMC Government Supply.
c. Choice
of Law and Venue. This Agreement will be
construed and goverened in accordance with the laws of the state of Texas
without application of choice-of-law provisions that would require application
of the laws of another jurisdiction. By entering into this Agreement, all
parties irrevocably submit themselves to the exclusive venue and personal
jursdiction of the state and federal courts in Dallas County, Texas with regard
to any dispute relating to this Agreement or its enforcement. The parties also
hereby waive any challenge to venue and personal jurisdiction they may have to
a lawsuit filed in a state or federal court in Dallas County, Texas, relating
to a dispute between the parties relating to this Agreement or its enforcement.
d. Severability. If any
provision of this Agreement is found to be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of any of the remaining provisions
will not in any way be affected or impaired and a valid, legal, and enforceable
provision of similar intent and economic impact will be substituted therefore.
e. Additional
Provisions Regarding Liability. You and CMC Government Supply agree
that the foregoing limitations will not be read so as to limit any liability to
an extent that would not be permitted under applicable law and specifically
will not limit any liability for gross negligence, intentional tortious, or
unlawful conduct or damages for strict liability that may not be limited by
law.
f. Notices.
Any notices or communications sent by you to CMC Government Supply pursuant to
this Agreement must be in writing and sent to the address specified herein or
such other address as CMC Government Supply may specify in writing.
All notices will
be sent to:
CMC
Government Supply
401 Century Pkwy #607
Allen TX 75013
9. Additional
Information
a. Links. The Site may contain links to other sites.
However, please be aware that CMC Government Supply is not responsible for and
cannot control the terms of use and conditions of such other sites. We
encourage you to be aware when you leave the Site, and to read the terms of use
of each and every website. This Agreement applies solely to this Site. We are
not responsible for the content, accuracy, or opinions expressed in such web
sites. Inclusion of any linked web site on our Site does not imply approval or
endorsement of the linked web site by us.
b. Trademarks. CMC Government Supply, www.cmcgov.com, the CMC
Government Supply trademark and logo, and all page headers, custom graphics,
and button icons are service marks, trademarks, and/or trade dress of CMC
Government Supply. All rights are reserved. All other trademarks appearing on
the Site are the property of their respective owners.
c. Copyrights. The Site contains copyrighted material and other
proprietary information, including, without limitation, downloadable files,
text, software, photos, video graphics, music, and sound. The contents of the
Site are protected under the United States copyright laws. You may not modify,
publish, transmit, display, participate in the transfer or sale, create
derivative works, or in ay way exploit any of the content, in whole or in
part. No copyright, redistribution, retransmission, publication, or commercial
exploitation of downloadable material will be permitted without the express
written permission of CMC Government Supply and the copyright owner.
d. Representations and
Warranties. By using the Site,
you represent and warrant that you are using the Site solely for personal
reasons and that you are not an attorney or an agent of an attorney conducting
an investigation to a potential claim related to the Site, any materials
available through the Site, or CMC Government Supply. You also represent and
warrant that you are not engaging in activities in an attempt to circumvent, or
make any efforts thereto, any encryption, password protection, or security features
placed within the Site or any subpart thereof, or reverse engineer any part of
the Site, portions of the Site, or any materials available through the Site.
You also represent and warrant that any information you provide us is true and
accurate.
e. Contact Us. If you have any questions or suggestions regarding
this Agreement, please contact us using the “Contact” page on our Site.
Standard Terms of Sale Agreement
These Terms of
Sale (the “Terms”) are entered into by and between CMC Government Services, Inc.
dba CMC Government Supply (“CMC Government Supply”) and you (or “Buyer”) in
connection with the purchase of products offered by CMC Government Supply for
sale (“Products”) via the CMC Government Supply web site (the “Site”). The
following sets forth the terms of such purchase by Buyer.
1. General
Terms.
We are not a retailer, we are a government distributor and have different terms and policies than retail stores. Even though we allow individuals and commercial business to purchase from us, all customers who purchase from us do so under these published commercial terms and conditions.
Buyer’s acceptance of the Terms of Sale and CMC Government Supply’s obligation to sell the Products to Buyer is subject to the following terms:
(a) Certification of Buyer. By placing an order, the buyer certifies to and agrees to the following:
(i) Buyer has confirmed independently that it is legal to possess and use the items being purchased in Buyer’s location.
(ii) Buyer has contacted any local, state, and/or federal authorities where necessary, and is acting in a lawful manner with regard to any and all Products ordered from, or affiliated with CMC Government Supply.
(iii) Buyer is at least 21 years of age and of legal age to own and possess the items being ordered.
(iv) All Firearms and Firearms related Products received will be used for legal sport shooting or hunting, self-defense or training purposes only.
(v) All Products received will be used for legal purposes only.
(b) All Sales are Final. In order to provide our low prices and great service, we do not accept any Product returns for refunds, exchange, or credit for any reason, except for reasons specified in these Terms. Please make sure you want what you are ordering before you place your order. Order processing and other fees must be paid when your order is placed and are NOT REFUNDABLE for any reason whatsoever, including but not limited to, order cancellation.
(c) Exchanges. CMC Government Supply will exchange items shipped in error for the correct items only. Nothing should be returned to CMC Government Supply without a valid return authorization. All items returned without a valid return authorization will be refused and returned to sender at the sender’s expense. CMC Government Supply reserves the right not to accept any Product for return. All authorized returns are subject to CMC Government Supply’s inspection and acceptance. Use the email form on the Contact page to report a shipping error.
(d) Payment. We do not collect sales tax on orders shipped from us out of the State of Texas. Texas residents must add Texas sales tax. Because of the high cost of processing non card present and other credit card transactions, all prices quoted include a 4.5% discount for payment by cash, ACH / EFT, or US Postal Service Money Order. Our regular price before the cash discount is 4.5% higher. All First Responder Program orders must be prepaid in full by credit card, cash or US Postal Money Order. Except where otherwise noted, all prices for Products represent the price in United States Dollars and may or may not represent the prevailing price in every area on a particular day. CMC Government Supply cannot confirm the price of an item until ordered. Order Processing fees and any other fees or charges must also be paid in full when your order is placed and are NOT REFUNDABLE for any reason whatsoever, including but not limited to, order cancellation. All other fees and discounts are non-refundable.
(e) Orders for Firearms. We do not collect sales tax on orders shipped from us out of the State of Texas. Texas residents must add Texas sales tax. Add shipping and processing per handgun, rifle, carbine, shotgun, upper, lower or any other firearm (plus tax if we are shipping to Texas) order processing fee. The non-refundable order processing fee includes standard shipping and handling within the 48 continental United States. The total amount of your order, including but not limited to the non-refundable order processing fee, taxes and other fees must be paid in full when you place your order. Prices quoted include a 4.5% discount for payment by cash, ACH / EFT, or US Postal Money Order. We accept Visa, MasterCard and Discover Card. There are no other additional discounts. You must meet all of the required legal age and legal residence requirements to purchase this product. We only sell this product for delivery and legal use in the United States. YOU MUST MAKE SURE IT IS LEGAL IN YOUR AREA TO PURCHASE AND OWN THIS PRODUCT PRIOR TO PLACING YOUR ORDER. Firearms cannot be returned for any reason once they have been shipped.
All firearms must be ordered separately from all of the other products we sell.
2. Pricing is Final.
All pricing is final based on quantity buys. All prices quoted are subject to change at any time due to market conditions and / or manufacturer price changes. Pricing can only be confirmed once an order is placed and then accepted and shipped by CMC. Because of the high cost of processing non card present and other credit card transactions, all prices quoted include a 4.5% discount for payment by cash, ACH / EFT, or US Postal Service Money Order. Our regular price before the cash discount is 4.5% higher. All orders must be prepaid in full by credit card, cash or US Postal Money Order unless the government agency purchasing has been approved for an open credit account subject to CMC’s open account payment terms and conditions. Except where otherwise noted, all prices for Products represent the price in United States Dollars
3. Purchases for United States Only.
All of our Products are only available for sale and use in the United States. We cannot sell any of our Products for resale or export. These commodities, technology or software are subject to the United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
4. Sales Tax.
We do not collect sales tax on orders shipped from us outside the State of Texas. We are required to collect sales tax on all orders shipped or delivered within the State of Texas, unless we have a valid Texas Sales Tax Exemption Certificate on file prior to placing an order. We may be required to collect sales tax on direct or drop shipments from our suppliers to some states.
5. Order Cancellations.
All orders that are cancelled prior to or during shipment will be charged a 25% cancellation fee, plus the shipping, handling, and any other fees or charges incurred processing the order and the return shipping costs and fees if the order is cancelled while in transit or refused at delivery. All items refused at delivery or cancelled while in transit and accepted for return by CMC Government Supply will be charged a 25% restocking fee, plus all return shipping fees and costs. Processing, shipping and handling charges and other fees are not refundable. In the case of items sold with shipping and handling included or as part of a promotion, those fees will be assessed and deducted from any allowed credit or refund.
6. Shipping and Freight.
- Products will be shipped per the carrier & specifications of CMC Government Supply’s choice.
- Not all shipments require a signature for delivery and many carriers will leave packages at the door of a residence if no one is there to receive a package. It is the buyers responsibility to make sure this is safe and the buyer assumes all responsibility for any loss due to theft or damage for all shipments delivered without a person to receive it.
- All Products are shipped FOB shipment origin. Insurance is not provided for lost or damaged shipments.
Buyer’s acceptance of the Products shall occur when the Products have been delivered to Buyer’s shipping address as listed in Buyer’s order (Buyer’s signature is not required to effect such delivery or acceptance), unless Buyer refuses to accept the Products from the shipper at the time of delivery.
8. Excusable Delays.
CMC Government Supply will make reasonable efforts to ensure prompt delivery of all Products. However, CMC Government Supply is not liable or responsible for delay or failure to perform any of CMC Government Supply’s obligations under these Terms to make delivery of Products occasioned by: (1) any cause beyond its reasonable control, including, but not limited to, a labor dispute, industry disturbance, fires, unusually severe weather conditions, earthquakes, floods, declared or undeclared war, epidemics, computer malfunctions, civil unrest, acts of terror or piracy, riots, lack of supplies and backorders, delays in transportation, shipping or carrier delays, governmental, regulatory or legal action, acts of God, or other delays or failures caused by third parties; or (2) by acts or omissions of Buyer, including, but not limited to, Buyer’s failure to promptly comply with the terms of payment under these Terms (“Excusable Delays”). The date of delivery must be extended for a period equal to the time lost by reason of any of the Excusable Delays.
9. Warranty.
CMC Government Supply is not responsible for normal manufacturing defects or for customary variations from quantitites or specifications. CMC Government Supply disclaims all representations and warranties of any kind (whether arising by implication or by operation of law) with respect to the Products, including, without limitation, any warranties or representations as to merchantability, fitness for a particular purpose, or any other matter. This section survives the termination or cancellation of these Terms.
10. Notice.
Any notices or communications sent by you to CMC Government Supply pursuant to these Terms must be in writing and sent to the address specified herein or such other address as CMC Government Supply may specify in writing.
All notices will be sent to:
CMC Government Supply
401 Century Pkwy #607
Allen TX 75013
11. Force Majeure.
CMC Government Supply will not be liable in damages for any delay or default in performing any of its obligations under these Terms if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, shipping or carrier delays, and/or any other cause beyond the reasonable control of CMC Government Supply.
12. Limitation of Liability.
Buyer’s purchase of the Products is subject of the following limitations of liability.
(A) CMC Government Supply’s cumulative liability to Buyer or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to these Terms will not exceed the purchase price paid to CMC Government Supply for the Products.
(B) In no event will CMC Government Supply be liable to Buyer or any third party for any loss or injuries to earnings, profits, or goodwill, or for any incidental, special, punitive, or consequential damages of any person or entity whether arising in contract, tort, or otherwise.
(C) The limitations set forth in this section will apply even if any other remedies fail of their essential purpose. Buyer agrees and acknowledges that the limitations on liability provided in this Section are an essential part of the agreement between Buyer and CMC Government Supply, and are factored into the pricing for the Products.
(D) The use of firearms and sport shooting is an inherently dangerous activity. Even if you do everything right, some risks are involved. Professional training should be successfully carried out before use of products featured on this Site. The use of firearms equipment by uncertified or untrained persons is dangerous and can result in serious injury or death. Any products purchased from CMC Government Supply is done so on the understanding that Buyer and all subsequent users of the Products are fully trained in the use of firearms equipment, hold the relevant qualifications, and will only use the Products in accordance with all applicable laws and Product guidelines and specifications. Always follow manufacturer’s recommendations as to the safe use and maintenance of the firearms and equipment and safely shoot well within your abilities. Prior to the use of any Products purchased from CMC Government Supply, Buyer should determine the safety, suitability, and fitness of the Product for its intended use.
(E) Buyer acknowledges that CMC Government Supply is a reseller only, is not a manufacturer or designer of any Products, and makes no modifications or changes to any Products. By making a purchase from CMC Government Supply, you acknowledge that under no circumstances shall CMC Government Supply be liable for any damages, including, without limitation, injury or death, that result from the use, misuse, or inability to use, or the failure, malfunction or warrantable issue of, any products purchased from this Site. Products may be covered by a manufacturer’s warranty. Please contact the manufacturer if you need service or support. CMC Government Supply will provide you with assistance in contacting the manufacturer upon request.
(F) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
13. Governing Law/Forum Selection.
These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By agreeing to these Terms, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute related to these Terms and their enforcement. The parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties as to any of these Terms.
14. Costs of Litigation.
If either party to these Terms brings any action against the other party regarding the subject matter hereof, the party bringing the action against CMC Government Supply will be responsible for paying CMC Government Supply’s attorney fees and court costs.
15. Severability.
If any provision of these Terms is held to be unenforceable, these Terms will be considered divisible and such provision will be deemed inoperative to the extent it is deemed unenforceable, and in all other respects, these Terms will remain in full force and effect; provided, however, that if any such provision may be made enforceable by limitation thereof, then such provision will be deemed to be so limited and will be enforceable to the maximum extent permitted by applicable law.
16. No Waiver.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
17. Entire Agreement.
These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements. In the event of a dispute between these Terms and the provisions of the Privacy Policy or Website Terms of Use and Conditions Agreement, these Terms shall govern. These Terms may not be modified or otherwise amended except by an instrument in writing signed by the party against which enforcement is sought. By agreeing to these Terms, all parties represent and warrant that they did not rely upon any prior representations, discussions, agreements, or negotiations and that these Terms constitutes the entire agreement between the parties.
18. Binding Effect.
These Terms are intended to benefit and be binding upon the parties, and their agents, employees, officers, directors, attorneys, legal representatives, beneficiaries, estates, predecessors, successors, parent corporations, subsidiaries, shareholders, branches, assigns, insurers, sureties, and reinsurers.