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OVERVIEW
CNP Performance does not ship to any other country other than the United States of America.
This website is operated by CNP Performance Inc. Throughout
the site, the terms “we”, “us” and “our” refer to CNP Performance Inc. CNP
Performance Inc. offers this website, including all information, tools, and
services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shift 4 Shop. They provide us with an online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties
or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall CNP Performance, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless CNP
Performance and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
TERMS AND CONDITIONS
CNP Performance inc. (hereinafter, “We,” “Us,” “Our”) is
offering a mobile messaging program (the “Program”), which you agree to use and
participate in subject to these Mobile Messaging Terms and Conditions and
Privacy Policy (the “Agreement”). By opting in to or participating in any
of our Programs, you accept and agree to these terms and conditions, including,
without limitation, your agreement to resolve any disputes with us through
binding, individual-only arbitration, as detailed in the “Dispute Resolution”
section below. This Agreement is limited to the Program and is not
intended to modify other Terms and Conditions or Privacy Policy that may govern
the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive
SMS/MMS mobile messages by affirmatively opting into the Program, such as
through online or application-based enrollment forms. Regardless of the opt-in
method you utilized to join the Program, you agree that this Agreement applies
to your participation in the Program. By participating in the Program,
you agree to receive autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand that consent is
not required to make any purchase from Us. While you consent to receive
messages sent using an autodialer, the foregoing shall not be interpreted to
suggest or imply that any or all of Our mobile messages are sent using an
automatic telephone dialing system (“ATDS” or “autodialer”). Message
and data rates may apply. ?
User Opt Out: If you do not wish to continue
participating in the Program or no longer agree to this Agreement, you agree to
reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in
order to opt out of the Program. You may receive an additional mobile
message confirming your decision to opt out. You understand and agree that the
foregoing options are the only reasonable methods of opting out. You also
understand and agree that any other method of opting out, including, but not
limited to, texting words other than those set forth above or verbally
requesting one of our employees to remove you from our list, is not a
reasonable means of opting out.
Duty to Notify and Indemnify: If at any
time you intend to stop using the mobile telephone number that has been used to
subscribe to the Program, including canceling your service plan or selling or
transferring the phone number to another party, you agree that you will
complete the User Opt Out process set forth above prior to ending your use of
the mobile telephone number. You understand and agree that your agreement
to do so is a material part of these terms and conditions. You further
agree that, if you discontinue the use of your mobile telephone number
without notifying Us of such change, you agree that you will be responsible for
all costs (including attorneys’ fees) and liabilities incurred by Us, or any
party that assists in the delivery of the mobile messages, as a result of
claims brought by individual(s) who are later assigned that mobile telephone
number. This duty and agreement shall survive any cancellation or
termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US
OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR
LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et
seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED
THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE
NUMBER YOU PROVIDED.
Program Description: Without limiting the scope
of the Program, users that opt into the Program can expect to receive messages
concerning the marketing and sale of digital and physical products, services,
and events.
Cost and Frequency: Message and data rates may
apply. The Program involves recurring mobile messages, and additional mobile
messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding
the Program, text “HELP” to the number you received messages from or email us
at [email protected]. Please note that the use of this email
address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs
(terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is
offered on an "as-is" basis and may not be available in all areas at
all times and may not continue to work in the event of product, software,
coverage or other changes made by your wireless carrier. We will not be liable
for any delays or failures in the receipt of any mobile messages connected with
this Program. Delivery of mobile messages is subject to effective transmission
from your wireless service provider/network operator and is outside of Our
control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a
wireless device of your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the necessary service
to participate. Check your phone capabilities for specific text messaging
instructions.
Age Restriction: You may not use of engage with
the Platform if you are under thirteen (13) years of age. If you use or
engage with the Platform and are between the ages of thirteen (13) and eighteen
(18) years of age, you must have your parent’s or legal guardian’s permission
to do so. By using or engaging with the Platform, you acknowledge and
agree that you are not under the age of thirteen (13) years, are between the
ages of thirteen (13) and eighteen (18) and have your parent’s or legal
guardian’s permission to use or engage with the Platform, or are of adult age
in your jurisdiction. By using or engaging with the Platform, you also
acknowledge and agree that you are permitted by your jurisdiction’s Applicable
Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree
to not send any prohibited content over the Platform. Prohibited content
includes:
- Any fraudulent,
libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content,
including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and
discrimination on the basis of race, sex, religion, nationality, disability,
sexual orientation, or age;
- Pirated computer
programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service,
or promotion that is unlawful where such product, service, or promotion thereof
is received;
- Any content that
implicates and/or references personal health information that is protected by
the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that
is prohibited by Applicable Law in the jurisdiction from which the message is
sent.
Dispute Resolution: In the event that there is a
dispute, claim, or controversy between you and Us, or between you and Stodge,
LLC d/b/a Postscript or any other third-party service provider acting on Our
behalf to transmit the mobile messages within the scope of the Program, arising
out of or relating to federal or state statutory claims, common law claims,
this Agreement, or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of
this agreement to arbitrate, such dispute, claim, or controversy will be, to
the fullest extent permitted by law, determined by arbitration in Lincoln,
NE before one arbitrator.
The parties agree to submit the dispute to binding
arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) then in effect. Except as otherwise provided
herein, the arbitrator shall apply the substantive laws of the Federal Judicial
Circuit in which CNP Performance principle place of business is located,
without regard to its conflict of laws rules. Within ten (10) calendar days
after the arbitration demand is served upon a party, the parties must jointly
select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the
dispute. If the parties do not agree on an arbitrator within ten (10)
calendar days, a party may petition the AAA to appoint an arbitrator, who must
satisfy the same experience requirement. In the event of a dispute, the
arbitrator shall decide the enforceability and interpretation of this
arbitration agreement in accordance with the Federal Arbitration Act
(“FAA”). The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency injunctive
relief from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in section
10 of the FAA. Each party shall bear its share of the fees paid for the
arbitrator and the administration of the arbitration; however, the arbitrator
shall have the power to order one party to pay all or any portion of such fees
as part of a well-reasoned decision. The parties agree that the
arbitrator shall have the authority to award attorneys’ fees only to the extent
expressly authorized by statute or contract. The arbitrator shall have no
authority to award punitive damages and each party hereby waives any right to seek
or recover punitive damages with respect to any dispute resolved by
arbitration. The parties agree to arbitrate solely on an individual basis, and
this agreement does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration
proceeding. Except as may be required by law, neither a party nor the
arbitrator may disclose the existence, content, or results of any arbitration
without the prior written consent of both parties, unless to protect or pursue
a legal right. If any term or provision of this Section is invalid,
illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section
or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than
in arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us
that you have all necessary rights, power, and authority to agree to these
Terms and perform your obligations hereunder, and nothing contained in this
Agreement or in the performance of such obligations will place you in breach of
any other contract or obligation. The failure of either party to exercise in
any respect any right provided for herein will not be deemed a waiver of any
further rights hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless
explicitly stated otherwise in writing. We reserve the right to change this
Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By continuing
to participate in the Program after any such changes, you accept this
Agreement, as modified.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected] or send us a letter at 16366 Downey Ave, Paramount Ca
90723