Terms and Conditions of Use

PLEASE READ CAREFULLY BEFORE USING THIS SITE.

Date of last revision: December 22, 2017

By using this site, you are agreeing to these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

BY USING THIS WEBSITE YOU ARE AGREEING TO ARBITRATION OF ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE. YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ANY REVISION YOU MUST IMMEDIATELY STOP USING THIS WEBSITE.

 

PRIVACY POLICY

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our privacy policy.

 

INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHT; USE OF MATERIALS; RESTRICTIONS

This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the "Materials") are the property of The Cadence Company and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by The Cadence Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.thecadenceco.com, our forums, or any other site owned or operated by The Cadence Company without the prior written permission of The Cadence Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are used for only for personal, non-commercial purposes, are not distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of The Cadence Company’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from The Cadence Company.

Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of The Cadence Company or such third party that may own the trademark or copyright of information displayed on this website.

 

ERRORS AND INACCURACIES

The Cadence Company attempts to be as accurate as possible. However, though it is our priority to provide you with complete, current, and accurate information, our website may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing, descriptions, and availability, as well as material that is incomplete or outdated. The Cadence Company does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is offered by The Cadence Company itself is not as described, your sole remedy is to return it in an unused condition. The Cadence Company reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.

 

SHIPPING ERRORS

If your order states delivered but you did not receive it then a claim must be submitted to our company for this issue. We will not refund or replace the item without an open claim with our company. These orders may be subject to a completed investigation with the shipping carrier. No refund or replacement will be issued until the investigation is completed in full. Please email info@thecadenceco.com to submit a claim.

 

WEBSITE ACCESS AND CONTENTS

Access to this website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. We have made every effort to display the products featured as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, may greatly affect the colors you actually see on the screen. The Cadence Company cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate/the same as the actual product.

 

ECOMMERCE RETURNS POLICY AND PROCEDURES 

Please see our eCommerce Return Policy which contains important information about the return of products purchased on this website.

 

THIRD PARTY PRODUCTS AND SERVICES

The Cadence Company is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from The Cadence Company, and The Cadence Company has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by The Cadence Company of that third party or of any product or service provided by a third party.

Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

 

DISCLAIMER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Cadence Company, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your negligent, wrongful, unauthorized, or malicious use of Content, use of the website, conduct in connection with the Website or with other website users, or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This website and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. The Cadence Company disclaims all warranties, express and implied, including without limitation, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. The Cadence Company does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. The Cadence Company makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will The Cadence Company be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.

 

WORLD-WIDE APPLICABILITIES AND LAWS

This website is presented by The Cadence Company from within the United States, and The Cadence Company makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.

 

JURISDICTION AND VENUE

You agree that any legal action brought against The Cadence Company shall be governed by the laws of the State of Ohio without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on The Cadence Company sites shall be an appropriate federal or state court located in Columbus, Ohio.