Terms & Conditions
Privacy Policy
At CADDFX DESIGN SERVICES, LLC, we understand that your privacy is an important part of the trust you place in us. This Policy explains how personal information of CADDFX DESIGN SERVICES, LLC customers is collected, used, and disclosed by CADDFX DESIGN SERVICES, LLC and its U.S. subsidiaries and affiliated companies ("CADDFX DESIGN SERVICES, LLC" or "We"). This privacy policy ("Policy") applies to the websites of CADDFX DESIGN SERVICES, LLC, including CADDFX DESIGN SERVICES, LLC.com. This Policy does not apply to websites that display or link to different privacy statements.
Shipping & Delivery
Delivery of all products are within 3 to 5 business days and the transit time begins the first full shipping day after the package leaves our facility. Other shipping methods are available and noted on our website or you can contact us direct at: 877.422.3339 to discuss additional options.
One-Day Shipping Rates for U.S. Deliveries
- Delivery within 1 business day. (The transit time begins the first full shipping day after the package leaves our facility.)
- No P.O. boxes or APO, FPO, or DPO
- Saturday delivery available for certain locations at an additional charge.
Calculating Shipping Costs
We calculate shipping charges based on the highest applicable per-shipment charge of all the items in your order plus the per-item charge for each item. Here is a sample equation we use to calculate the total shipping amount for a single order:
(Highest Applicable Per-Shipment Cost) + (All Per-Item Costs) = Total Shipping Fee
For example, if you choose Standard shipping and "Group my items into as few shipments as possible" for an order that contains a video game console and a video game, you will be charged the higher Per-Shipment Cost for the software and the Per-Item Cost of each item: 19.99 + .99 + .99 = $21.97 total shipping cost. If you choose the "I want my items faster. Ship items as they become available" option, the shipping amount displayed when you place your order shows how much you will pay if each item shipped separately. We try to ship items together as much as possible, so your actual shipping total will usually be less than the estimate.
Shipping Methods and Carriers
We use a variety of carriers for each shipping option, and will choose the most appropriate delivery method for your desired shipping address. It is not possible to specify a preferred carrier when placing your order. When you select One-Day or Two-Day Shipping, we may use air or ground shipping as necessary to get your items to you within the promised time frame.
Signature Requirements
Signature upon delivery required for shipments over $1000.
Website Terms and Conditions
CADDFX DESIGN SERVICES, LLC may change these terms and conditions of use at any time, without prior notice. If you access or use a Site after CADDFX DESIGN SERVICES, LLC posts a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these terms and conditions of use periodically.
Access and Use of our Site
Unauthorized use of our Site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of a Site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Site or its content in any form without CADDFX DESIGN SERVICES, LLC's prior written permission.
The following activities are also expressly prohibited without CADDFX DESIGN SERVICES, LLC's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy a Site or any of its content; "mirroring" a Site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on a Site or otherwise interferes with its functioning.
Posting and Transmitting to a Site
Except for information that is subject to the CADDFX DESIGN SERVICES, LLC Privacy Policy, CADDFX DESIGN SERVICES, LLC will not treat information you post or transmit to a Site as confidential or proprietary. By sending information to CADDFX DESIGN SERVICES, LLC through a Site (by transmitting, posting, or otherwise), you agree that CADDFX DESIGN SERVICES, LLC may use that information in any way, for any purpose, including CADDFX DESIGN SERVICES, LLC’s own commercial purposes, subject only to the CADDFX DESIGN SERVICES, LLC Privacy Policy.
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. CADDFX DESIGN SERVICES, LLC reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
Accuracy of Information and Disclaimer of Warranty
CADDFX DESIGN SERVICES, LLC has made every effort to present the content each Site accurately, but additions, deletions and changes may occur. Content on a Site is provided "as is"; neither CADDFX DESIGN SERVICES, LLC nor its representatives make any representation or warranty with respect to the content.
CADDFX DESIGN SERVICES, LLC and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to a Site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, no infringement, or fitness for any particular purpose.
Limitation of Liability
Under no circumstances will CADDFX DESIGN SERVICES, LLC or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) a Site or its content, even if they have been advised of the possibility of such damages. You access and use each Site at your own risk.
Links to a Site
CADDFX DESIGN SERVICES, LLC grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of each Site so long as the link does not portray CADDFX DESIGN SERVICES, LLC or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the CADDFX DESIGN SERVICES, LLC logo, CADDFX DESIGN SERVICES, LLC trademark, or CADDFX DESIGN SERVICES, LLC’s name or trademarks, or other proprietary graphic in the link without the prior written permission of CADDFX DESIGN SERVICES, LLC.
Links to Third Party Websites
CADDFX DESIGN SERVICES, LLC does not review or control third party Websites that link to or from each Site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
Ownership
The material provided on each Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of each Site is owned by CADDFX DESIGN SERVICES, LLC or others. Except for the limited rights granted above, all other rights are reserved.
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
For Use in the United States
Each Site is controlled and operated by CADDFX DESIGN SERVICES, LLC from its offices within the United States. CADDFX DESIGN SERVICES, LLC does not represent that a Site is appropriate or available for use elsewhere; access to a Site from locations where its contents are illegal is not authorized. If you access a Site from outside the United States, you do so on your own initiative and at your own risk.
INFORMATION COLLECTED
We collect information about you in various ways when you use our Sites. For example, we collect your name, email address, postal address, phone number, fax number, demographics, and other information you provide us on our Sites. We also collect credit card numbers and other forms of payment information if you purchase products and services through our Sites. We may also obtain information from other sources and combine that with information we collect on our Sites.
When you visit our Sites, some information about your visit is automatically collected by CADDFX DESIGN SERVICES, LLC’s systems. For example, when you visit our Sites your computer's Internet Protocol (IP) address, access times, browser type and language, peripherals, and the websites you visited before our Sites are logged automatically. We also collect information about your usage and activity on our Sites including information about your orders, purchases, and cart activity.
Online Advertisements
We may use information collected using third party cookies on our Sites and in our emails to deliver CADDFX DESIGN SERVICES, LLC advertising displayed to you on third party sites. We also use cookie information to know when you return to our Site after visiting these third party sites. We use this information and other information about you, including order and cart activity information, to try to understand your interests and show you relevant advertising and information about products and services offered by CADDFX DESIGN SERVICES, LLC and its partners.
Certain third party ad networks may automatically collect information about your visits to this and other websites, your IP address, your ISP, and the browser you use to visit our Site (but not your name, address, email address or telephone number).Information collected may be used, among other things, to deliver advertising relevant to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or Web beacons in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology.
USE OF INFORMATION WE COLLECT
We use personal information collected through our Sites for purposes described in this Policy or disclosed to you on our Sites or in connection with our services. For example, we may use information that you provide or about you to:
- provide and deliver products and services you request;
- send you transaction related information, including confirmations, invoices, technical notices, product and services information, updates, security alerts, and support and administrative messages;
- respond to your comments and questions and provide customer service;
- operate and improve our Sites, products and services;
- facilitate the provision of software updates, product support, and other services;
- process and deliver contest entries and rewards;
- ask you to take part in research and surveys used to measure our performance and improve our products, services and customer experience;
- send you brochures and communicate with you about, promotions and rewards, upcoming events, and other news about products and services offered by CADDFX DESIGN SERVICES, LLC and our selected partners;
- link or combine with other personal information we get from third parties, to help understand your needs, customize our offerings to those needs and provide you with better service.
CADDFX DESIGN SERVICES, LLC may store and process personal information in the United States only.
SHARING OF PERSONAL INFORMATION
Ways we may share your personal information with third parties include the following:
- with your consent;
- with trusted third parties for their own marketing purposes in compliance with applicable laws and subject to their separate privacy policies;
- with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
- with suppliers and distributors to CADDFX DESIGN SERVICES, LLC for their internal purposes including administrative purposes; to improve performance, products and services; and for purposes relating to proposed or completed transactions facilitated by CADDFX DESIGN SERVICES, LLC;
- to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of CADDFX DESIGN SERVICES, LLC, our agents, customers, and others including to enforce our agreements, policies and terms of use or (iii) in an emergency to protect the personal safety of CADDFX DESIGN SERVICES, LLC, its customers, or any person;
- in connection with or during negotiation of any merger, sale of company assets, and financing.
SECURITY OF YOUR PERSONAL INFORMATION
CADDFX DESIGN SERVICES, LLC takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
YOUR INFORMATION CHOICES AND CHANGES
You may opt-out of receiving promotional emails from CADDFX DESIGN SERVICES, LLC by following the instructions in those emails. You may also make requests about your contact preferences and changes to your information by contacting your account manager. If you do not know your account manager, simply contact us at 877.422.3339. If you opt-out of promotional emails, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
You may correct some personal and account information maintained in your E-Account through your E-Account. To correct any other information, please contact your account manager. If you do not know your account manager, simply call 877.422.3339.
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site. You can also choose to opt-out of use of cookies by CADDFX DESIGN SERVICES, LLC’s third party advertising partners to deliver ads tailored to your profile and preferences. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.
Terms and Conditions for Sale of Goods and Services
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General; Acceptance: Our standard Terms and Conditions for Sale of Goods and Services (the “Terms”) apply to the business transactions described in any proposal, purchase order, quotation, schedule or ancillary agreement (collectively the “Purchase Order”) set forth the business terms on which CaddFX Design Services LLC, (the “Company”) agree to sell certain products identified on the attached proposal and/or to perform certain services identified on the attached proposal for the customer identified on the signature line below (the “Customer”). These terms and conditions may only be changed by written agreement signed by the Company and the issuance of a purchase order by Customer for any of the products or services included on the proposal constitutes Customer’s acceptance of these terms and conditions. Typographical errors and clerical errors are subject to correction. Any term or condition or standard of performance different from or in addition to our Terms, whether set forth on the Purchase Order or otherwise proposed by Customer, must be agreed to, in writing, by the Company in advance, and in the event of any conflict or inconsistency between these Terms and any Purchase Order or other document proposed by Customer, these Terms will control. The Company hereby expressly objects to and rejects any other terms and conditions proposed by Customer by way of Purchase Order or otherwise, which are different from or in addition to these Terms, unless accepted by Company in writing.
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Prices and Payment: Prices in this proposal are subject to change without notice and are quoted and payable in U.S. currency. Customer agrees to pay the quoted fees for the products and services provided under our proposals. The fees are exclusive of all taxes and Customer shall pay any sales, use, goods and services, consumption or any other tax, duty or tariff that may be assessed. Customer is responsible for obtaining and providing to the Company any certificate of exemption or similar document required in exempting any transaction hereunder from any such tax liability.
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Payment Terms: Sale of Goods: Payment terms for the sale of goods under these Terms are, unless the Company indicates otherwise, payable COD or advance payment. Notwithstanding the foregoing, Company may, in its option, upon receipt and review of credit history of Customer, allow payment net 15 days upon receipt of the goods delivered. Sale of Services. Payment terms for services are as follows:
- All training classes and Consulting Services are payable COD or advance payment unless otherwise agreed to in a Statement of Work signed by the Company; and
- all services related to the CaddFX Service Center are payable in accordance with the annual fee for one-year of services, renewable annually, for the CaddFX Service Center, payable in advance prior to the beginning of each year.
All late payments may be subject to a surcharge on the invoiced price of up to 1.5% of such invoiced price. (See invoice for details). All payments for good and services shall be made via certified check or credit card (Visa, MasterCard and American Express are accepted, subject to service fees.) Returned checks and insufficient funds transactions are subject to a $40.00 service fee.
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Cancellation, Returns and Reschedule:
- Orders for the sale of goods may be cancelled at any time prior to shipment by CaddFX for a fee of 20% of the purchase price of the product order. Delivery dates for product shipments may be rescheduled at the request of the customer and on the sole discretion of the Company. Following the date of shipment no returns, cancellations or reschedules or orders are final and will be accepted.
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Training classes may be rescheduled at the discretion of the Company. If a mutually available time for rescheduling cannot be met, Customer may request a full refund. The Company will charge training course cancellation or rescheduling penalty fees as follows:
- if the cancellation is 5 days to 48 hours in advance of the scheduled training class, 25% of the training course fee will be charged;
- if the cancellation is 48 hours to 24 hours in advance of the scheduled training class, 50% of the training course fee will be charged; and
- if the cancellation is less than 24 hours in advance of the scheduled training class, 100% of training course fee will be charged.
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Purchase Orders for services other than training classes may be rescheduled at the sole discretion of the Company. In the event Customer cancels or reschedules a consulting services engagement within 5 days of the start of the engagement, the Company reserves the right the charge the Customer for the cost of the consulting engagement. In the event of any reschedule of consulting services by the Customer, Company will bill Customer for all non-cancellable travel expenses.
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Product Orders: Company makes no warranty, express or implied, on any products sold hereunder. Any warranty on product sales shall be as provided by the manufacturer, to the extent the manufacture provides any. Title to the products will be retained by Company until full payment at which time title will transfer to Customer. Maintenance and warranty coverage for the products shall be provided by the manufacturer of the products.
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Service Orders: The Company warrants that Services provided hereunder will be performed in a professional and workmanlike manner consistent with generally accepted industry and professional standards. No specific result from the provision of services is assured or guaranteed. If any services are not performed in a professional and workman like manner, Company shall re-perform the services in such a manner. Customer’s sole remedy and the Company’s sole obligation in the event of a breach of this services warranty are to be re-performing the Services. Any intellectual property created by the Company during the course of performance of the services shall remain the sole property of the Company and licensed to Customer unless otherwise agreed to by the Company in writing.
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Limitation of Liability: THE WARRANTIES CONTAINED IN THESE TERMS AND CONDITIONS ARE THE ONLY WARRANTIES MADE BY THE COMPANY. THE COMPANY SPECIFICALLY EXCLUDES AND DISCLAIMS ANY OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISINGBY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE COMPANY’S MAXIMUM LIABILITY, REGARDLESS OF THE NATURE OR FORM OF THE CLAIM OR CAUSE OF ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS/SERVICES THAT ARE THE SUBJECT OF THE CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, TO, LOST BUSINESS REVENUE. LOSS OF PROFITS, LOSS OF DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, OR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER THIRD PARTY EVEN IF SUCH LOSS IS CAUSED BY THE FAILURE OF THE OTHER PARTY HERETO TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT.
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Acceptance of Proposal: Any increase or decrease in the scope of services for our proposals will result in a reassessment of time, resources, and adjustment of proposed fees.
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CaddFX Services: For orders that include service agreements, and at the option of the customer, the included service support agreement may be renewed annually for a period of up to two years at a price equal to the extended price per annum included in this order, subject to an inflationary increase of not more than 3% per year.
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Use of Intellectual Property: The Company reserves all copyright rights in all specifications and drawings prepared by the Company and all such specifications and drawings are submitted to Customer solely for the Customer’s consideration. All specifications and drawings submitted to the Customer shall remain the property of Company and shall be subject to recall by the Company at any time. All specifications and drawings submitted to the Customer shall remain confidential and shall not be published, reproduced, copied in whole or in part, loaned or otherwise communicated to any third party without Company’s prior written permission. Except as herein set forth, in case any suit or proceeding alleging copyright or patent infringement is threatened or instituted against the Customer and is based upon a claim that an program, apparatus, or a part thereof, furnished under this contract constitutes an infringement of any United States copyright or patent issued prior to the date of the Purchase Order, Customer agrees that no claim shall be made against the Company unless Customer gives the Company full authority, information, assistance and cooperation in the investigation of all facts and in the preparation and maintenance of any defense. In any such event it is further agreed that the Company shall have the following options: (1) the Company may defend said suit or proceeding in behalf of Customer and pay all damages and cost awarded herein against the Customer, or (2) the Company may replace said program, apparatus, or part with non-infringing program, apparatus, or part; or (3) the Company may procure for the Customer the right to continue using said program, apparatus or part; (4) The Company may remove said program, apparatus, or art and refund to the Customer the purchase price less 20% thereof for each year or fraction of a year since the date the same was purchased by the Customer. The foregoing states the Company’s entire liability for copyright or patent infringement of any program apparatus, or part furnished hereunder, which liability shall cease and terminate five (5) years following the date of purchase.
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Force Majeure: The Company shall not be responsible for delays in delivery or performance, in whole or in part, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of Customer, strikes or other labor disturbances, inability to obtain fuel, material or parts, war, acts of terrorism, riot, delays in transportation, repairs to goods, epidemics, floods, fires, accidents, or similar contingency. In the event of any such delay or nonperformance, the Company, upon notice to Customer, may, at its option, and without liability, revoke all or any portion of its acceptance of Customer’s Purchase Order, extend any date upon which any performance thereunder is due, or suspend or reduce delivery of goods during the period of interference. However, the Company shall use commercially reasonable efforts to give written notice to Customer whenever such condition or act becomes reasonably foreseeable. The Company shall have no obligation to purchase supplies of goods to enable it to perform its obligations under the Purchase Order.
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No Setoff; Exceptions: Customer shall have no right, unless specifically authorized or otherwise permitted by Company, to credit toward the payment of any monies that may become due Customer hereunder (e.g., credit memo, authorized adjustment or allowance) any amounts which may now or hereafter be owed to Company.
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Company’s Performance Excused upon Customer’s Breach: In addition to the rights and remedies conferred upon the Company by law or in equity, in the event that Customer fails to make payment of the purchase price or any portion thereof when due, The Company shall have the right to immediately suspend performance and fulfillment of the Purchase Order and to institute legal proceedings to collect the balance due, and in such event Customer agrees to pay all collection costs incurred by the Company, including its attorneys’ fees.
- Entire Agreement: These Terms represent the full agreement between the parties and any different or conflicting terms in any Purchase Order or other Customer document are null and void. Notwithstanding the forgoing, in the event that the Customer and the Company enter into a Statement of Work or a Master Agreement in the form and on the terms acceptable to the Company, then the terms and conditions of the Statement of Work or Master Agreement, in the event they differ from this proposal, will supersede those found herein.
CHANGES TO THESE POLICIES
CADDFX DESIGN SERVICES, LLC may change this Policy from time to time. CaddFX Design Services reserves the right to change this Policy at any time. If you have any questions about this Policy, please contact us at 877.422.3339