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Terms and Conditions
Last updated on January 1, 2023
Thank you for your interest in CMJordan. Before accessing, using or registering on our platform, please read this Terms and Conditions and the Privacy Policy and the carefully. These documents serve to establish responsibilities and expectations, as well as, protect your and our privacy and interests.
1. ACCEPTANCE OF TERMS
Please carefully read the following Terms and Conditions (“TaC”) outlined below, as they serve to establish the rules and regulations for the use of cmjordan.com (“Website”) and the Services it provides. By accessing this website, we assume you understand and accept these terms and conditions. Additionally, there are other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies may contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE LEGALLY BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE LEGALLY BOUND BY THIS AGREEMENT. Do not continue to use this website if you do not agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “User”, “You” and “Your” refers to you, the person logged on to this website and compliant to CMJordan’s terms and conditions. We’ll refer to CMJordan as “CMJ” or CMJ and all of its affiliates collectively as “we”, “our”, “us”, etc. The terms “party” or “parties”, refers to both the Client and ourselves. “Produced Orders” refer to Orders that have been completed and shipped. “Products,” refers to all products fulfilled by different Service Providers on or through our Website including, but not limited to accessories, clothing, home decor, kitchenware and stationery. “Providers” or “Service Providers” refers to the organizations and companies that CMJ partners with in the scope of its Service to offer Products to You. “Website” refers to CMJ’s website located at cmjordan.com, and all content, services and products provided by CMJ through the Website. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the CMJ's stated services, in accordance with and subject to the prevailing law in the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You understand and agree that you may receive certain communications from CMJ, such as service announcements and administrative messages, and that these communications are considered part of the Website’s membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to the TaC. You understand and agree that the Website is provided "AS-IS" and that CMJ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our website, you agree to: (a) provide true, accurate, current and complete information about yourself when prompted by our registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CMJ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CMJ has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
3. MODIFICATIONS
CMJ reserves the right to modify our terms, services and fees, if applicable, at any time and without notification. For your and our protection, we ask you to be familiar with the most recent version of the TaC. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after CMJ posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send CMJ a written notification via email or contact form to close your account within 30 days of notice.
4. PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see the full Privacy Policy at https://www.cmjordan.com/privacy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
IF APPLICABLE, You will receive an account upon completing the registration process. You are responsible for maintaining the confidentiality of the account and any related password and are fully responsible for all activities that occur under your account. You must notify CMJ immediately of any breach of security or unauthorized use of your account. CMJ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CMJ and others due to such unauthorized use.
6. CONTENT AND WEBSITE USE
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that is posted on this website complies with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws. All image and intellectual property rights are reserved. Duplicating or using this website’s content without express and written consent from CMJ is prohibited. You acknowledge and agree that Content presented to you through CMJ or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CMJ, Service Providers or affiliates, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on CMJ or the website, in whole or in part. CMJ reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to your account.
Some users may encounter materials that they find offensive or inappropriate while using our Services. CMJ makes no claim as to and is not responsible for the decency of content posted that you access through the website. You release us from all liability relating to such content.
Further, You agree not to hinder or try to disrupt our Services, by any means including but not limited to, distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any CMJ Party or expose any of them to liability. You agree that CMJ reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of CMJ.
Our gallery and store on the website may contain links to third-party websites or services that we don’t own or control (for example, links to Amazon, ArtPal, Facebook, Instagram, Pinterest and X). When you access these third-party services, you do so at your own risk. Third-parties may require you to accept their own terms of use. CMJ is not a party to those agreements; they are solely between you and the third-party. You agree that CMJ will not be liable to you in any way for your use of these third-party services.
You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 7 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 7 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee: (1) that the Services will be secure or available at any particular time or location – CMJ shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. CMJ shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at; (2) any errors for which CMJ is responsible will be corrected; (3) the Services will always be free of viruses or other harmful materials; or (4) the results of using the Services will meet your expectations. You use the Website and Services solely at your own risk.
7. LIMITED PRODUCT WARRANTY
We warrant that, at the time of delivery of a Product to a User that was purchased directly through this Website, the Product will not be materially defective or damaged (the “Limited Warranty”). The Limited Warranty is non-transferrable and will immediately terminate if the Product is sold or transferred.
This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following:
(a) you or third-parties;
(b) any improper handling (including during shipping), use or storage of the Product;
(c) any failure to follow any Product instructions;
(d) any modifications to the Product;
(e) any unauthorized repair to the Product; or
(f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or
(g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.
This Limited Warranty does not cover any items supplied by third-parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
This limited warranty starts on the date Product is delivered to the User and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, CMJ acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
Any Product that is materially defective or damaged and is covered by this Limited Warranty will be, at our sole discretion, either: (a) replaced by such Product free of charge, or (b) refunded the purchase price paid to us by the User along with the shipping fees corresponding to the defective or damaged Product.
For you to obtain Limited Warranty service for Products purchased directly through this Website, promptly following delivery of a Product you will inspect the Product. If a Product is materially defective (including any error by our Service Providers in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. You should contact us regarding any defective or damaged Product and with respect to any delivery of the wrong Product at info@cmjordan.com.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 7 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data, products or services exported from the United States or the country in which you reside.
9. PAYMENTS, FEES AND TAXES
You may choose to save your billing information to use it for all future orders and charges associated with CMJ Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third-party PCI DSS compliant service providers. When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it.
By placing an order or paying for Services, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse CMJ for damages resulting from such unauthorized use. You represent to CMJ that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you make any return or claim which does not comply with our policies (including policies which are described here), you will reimburse CMJ for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback), if applicable.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third-party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our website and Services. After receiving your order, you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
CMJ at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events CMJ may use or participate in.
CMJ shall charge all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable). In some states in the US and countries, CMJ may collect the applicable taxes from you and pay this to the relevant tax authority (if and as applicable).
10. PRODUCT DESCRIPTION AND PURCHASE
CMJ is continually working with its Service Providers to provide you with the best possible representation of the Products we offer. While we cannot guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages, we can and do our best to provide you with the finest images and descriptions available.
Prior to placing an order, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products. All information asked on the checkout page must be filled in precisely and accurately. CMJ will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact CMJ.
We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.
11. SHIPPING
Due to the nature of our made-to-order Products, after you place an order directly from this Website, you may no longer be able to edit the order details or cancel the order. Should you need to change shipping related details, please contact us and we will attempt to make the changes for you. If an order was placed through an Affiliate website, please contact that Service Provider directly.
The risk of loss of damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case CMJ will not make any refunds and will not resend the Product.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with CMJ’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to CMJ investigation and sole discretion. CMJ cannot guarantee delivery to P.O. boxes.
12. DELIVERY
We may provide delivery estimates; however, we can't provide guaranteed delivery dates. Once CMJ receives payment for your order, we fulfill the order and pass it onto our Service Provider. This is also the moment where you legally become the owner of the Product.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
11. RELEASE AND INDEMNITY
To the fullest extent permitted by law you release us and all other CMJ Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any CMJ Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by CMJ (or for which CMJ provides no guarantees) under this Agreement, or (b) for which CMJ is otherwise indemnified or released by you under this Agreement.
You agree to indemnify and hold CMJ, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the website, your connection to CMJ, your violation of the TaC or any other violation on your behalf. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or CMJ.
12. TERMINATION AND CANCELLATION
You agree that CMJ, in its sole discretion, may terminate your password, account (or any part thereof) or use of CMJ, and remove and discard any Content within CMJ, for any reason, including, without limitation, for lack of use or if CMJ believes that you have violated or acted inconsistently with the letter or spirit of the TaC. CMJ may also in its sole discretion and at any time discontinue providing CMJ, or any part thereof, with or without notice. You agree that any termination of your access to CMJ under any provision of this TaC may be affected without prior notice and acknowledge and agree that CMJ may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or CMJ. Further, you agree that CMJ shall not be liable to you or any third-party for any termination of your access to CMJ.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through CMJ, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CMJ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on CMJ.
14. LINKS
CMJ may provide, or third-parties may provide, links to other websites or resources. Because CMJ has no control over such sites and resources, you acknowledge and agree that CMJ is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CMJ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. ARBITRATION AND GENERAL INFORMATION
The TaC constitute the entire agreement between you and CMJ and govern your use of the website, superseding any prior agreements between you and CMJ. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TaC and the relationship between you and CMJ shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CMJ KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES. THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND CMJ WOULD PREFER TO RESOLVE ALL DISPUTES AS PROVIDED BY THIS SECTION 15. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND CMJ KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES. The failure of CMJ to exercise or enforce any right or provision of the TaC shall not constitute a waiver of such right or provision. If any provision of the TaC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TaC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CMJ or the TaC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CMJ will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in CMJ’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
CMJ at its sole discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services.
If you have any questions about this Agreement, please email us at info@cmjordan.com.