Terms & Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THESE TERMS AND CONDITIONS OF SALE (the “Terms") MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

CPO Commerce, Inc. ("CPO") operates the website located at www.cpomilwaukee.com, www.cpooutlets.com and other websites on which a copy of these terms of use appear (cumulatively the "CPO Sites") as a service to its customers residing in the United States of America, its territories and possessions ("U.S."). CPO, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the CPO Sites are referred to collectively as the "CPO Parties."

These Terms, and CPO’s Privacy Policy (which is incorporated herein by reference), contain the rules and restrictions that govern your use of the CPO Sites, your customer relationship with CPO and any sales and/or return transactions in which you engage with CPO and/or on any of the CPO Sites. You accept and agree to be bound by these Terms by continuing to use any of the CPO Sites, and/or engaging in any customer transactions with CPO. If you do not agree to abide by these Terms or the Privacy Policy, or to modifications that CPO may make thereto in the future, do not use or access or continue to use or access the CPO Sites.

1. User Eligibility

The CPO Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the CPO Sites are available only in the U.S. If you do not qualify, do not use the CPO Sites. In addition, you should only access the CPO Sites from within the United States or its territories, as access to the CPO Sites may be prohibited in countries outside the U.S. If you access the CPO Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.

Special Note regarding Children: The CPO Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the CPO Sites. CPO will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the CPO Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.

2. Copyright Ownership and Permitted Use of CPO Sites and their Content

CPO provides the CPO Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the CPO Sites. However, you should keep in mind that all of the information, content, logos and other material contained on the CPO Sites, including text, trademarks, written material, trade dress, brand names, catalogs, technical information and advertisements (all “Content”) are the sole and exclusive property of CPO, its licensors, or their respective owners. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by the owner. You may view, download, and print material displayed on the CPO Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.

3. Certain Restrictions on Use

You may not:

  • distribute, retransmit, republish, reuse, repost, or use the contents of the CPO Sites for public or commercial purposes, without CPO's prior written permission;
  • alter, modify, frame, or "mirror" any content contained on the CPO Sites
  • link to the CPO Sites;
  • use any data mining, robots, or similar data-gathering and extraction tools in connection with the CPO Sites;
  • remove or alter any copyright or other proprietary notices contained on the Content;
  • input or upload onto the CPO Sites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of CPO or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
  • post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to the CPO Sites; or engage in any type of harassment activity via the CPO Sites.
All rights not expressly granted in these terms of use are retained by CPO.

4. Errors on the CPO Sites

CPO shall have no responsibility for errors of any kind on the CPO Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. CPO reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.

A customer’s sole and exclusive remedy if an item purchased by the customer from the CPO Sites does not fulfill the description set forth on the CPO Sites is to return the item, in an unused condition, to CPO for a refund of the purchase price and, in CPO’s sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to CPO. Because actual colors and the “look and feel” you see on the CPO Sites will depend on your monitor and other technical factors, CPO cannot guarantee that any video display of any product information or other data will be accurate at any time.

The price of each product and service will only be confirmed by CPO upon the submission of an order by a customer. Prices provided on the CPO Sites are subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event CPO discovers an error of any kind in pricing or product and service information, CPO reserves the right to, in CPO’s sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on the CPO Sites are available only while supplies last, and CPO reserves the right to discontinue the offering or sale of any product or service at any time, without notice.

5. Feedback and Submissions to the CPO Sites

CPO welcomes your comments regarding the products and services offered on the CPO Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique CPO Site and (ii) the CPO Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the CPO Sites or through the feedback and survey opportunities offered by CPO or third parties will be considered non-confidential, non-proprietary and not personal to you or anyone else and may be disseminated or used by CPO, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the CPO Sites, you grant to CPO a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send CPO any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the CPO Sites.

By submitting material to the CPO Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead CPO as to the origin of any submission. You agree to indemnify CPO for all claims against it that arise from or are connected with your submission(s).

6. Communications

CPO may communicate with you using email or telephone, including by automated or prerecorded calls and text messages, at any email address and/or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) as otherwise necessary to service your account or enforce these Terms, CPO’s policies, applicable law, or any other agreement CPO may have with you; or (vii) to inform you of upcoming events and/or promotions. By agreeing to these Terms, you consent to receive such communications and understand that such consent is not required to make a purchase. If your email address or telephone number changes, you agree to update CPO regarding such change.

7. Disclaimer of Warranty

The CPO Sites, including all Content and the Content of any Linked Websites, are provided “as is” and “as available.” AS TO THE CPO SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, CPO EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Without limitation to the foregoing, CPO makes no warranty: (a) that there will be no interference with your enjoyment of the CPO Sites or Linked Websites; (b) that the Content provided on the CPO Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the CPO Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the CPO Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the CPO Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the CPO Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the CPO Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the CPO Sites or Linked Websites will be corrected; (i) that materials on the CPO Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the CPO Sites or Linked Websites are available for use in any particular location.

You assume total responsibility and risk for your use of the CPO Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the CPO Sites or Linked Website shall be so obtained at your own discretion and risk. CPO will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the CPO Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the CPO Sites or any Linked Website.

8. Limitation of Liability; Indemnity

CPO will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits, or punitive damages arising out of your access to or use of the CPO Sites, even if CPO has been advised of the possibility of such damages. By using any CPO Site, you agree to indemnify the CPO Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. CPO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. Order Fulfillment

CPO reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, CPO shall not be liable to you or any third party for such denial or refusal.

10. Termination

CPO may, in its sole discretion, terminate your use of the CPO Sites or terminate your rights under these Terms for any reason, without prior notice. In its sole discretion, and at any time, CPO may also discontinue providing the CPO Sites or any one or part, with or without notice. CPO shall not be liable to you or any third party for any of the foregoing. In the event these Terms are terminated, the restrictions regarding Content appearing on the CPO Sites, and the representations and warranties, indemnities and limitations of liabilities set forth in these Terms will survive termination.

11. Links

The CPO Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as “Linked Websites”). CPO has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. CPO does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to CPO.

12. Jurisdiction; Disputes

These Terms will be governed by, and construed in accordance with, the laws of the State of Illinois, as it is applied to agreements entered into and performed therein, and excluding: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Terms or matters related to the CPO Sites will be brought in either the State or Federal Courts of the State of Illinois; provided, however, that notwithstanding anything contained in these Terms to the contrary, CPO shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce CPO's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have under these Terms or your use of the CPO Sites: (i) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (ii) must be brought individually, and not consolidated as part of a group or class action complaint.

13. Other

You may not use or export or re-export the materials on the CPO Sites or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. These Terms constitute the entire agreement between you and CPO relating to use of the CPO Sites, superseding any other agreement between you and CPO with respect to the subject matter of these Terms. Section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and CPO concerning your use of the CPO Sites.

14. Amendments

CPO reserves the right, at its sole discretion, to revise, change, or modify the Terms and CPO Privacy Policy at any time by updating this posting. Your continued use of the CPO Sites following the posting of changes to these Terms or Privacy Policy signifies your acceptance of those changes. Therefore, you should check these Terms and Privacy Policy from time to time as you visit the CPO Sites

15. Updates and Changes to Policies

CPO may change its Terms from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms each time you access or use the CPO Sites.

16. Contact Information

If you have questions regarding the CPO Terms of Use, you may contact us at termsofuse@cpomilwaukee.com. Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this CPO Sites, please notify CPO immediately at termsofuse@cpomilwaukee.com.

Effective September 21, 2021