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General Terms of Use

Elephant Structures General Terms of Use

By accessing or using any features of the site, including the purchase of products and services on the site located at www.carport.com (the “Elephant Site”) and operated and managed by CMD Sales LLC (“Elephant” “Elephant Structures” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Elephant Site (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Elephant may vary from these Terms of Use.

As a User of the Elephant Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Elephant Site and other affiliated sites, and view third party postings and reviews regarding products and services.

These Terms of Use set out the legally binding terms with respect to your use of the Elephant Site. Please read these Terms of Use carefully. Your access to and use of the Elephant Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Service, you should not access or use the Elephant Site.

Eligibility

The Elephant Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Elephant Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Elephant Site. In the event we become aware you are under 18, we will terminate your registration.

Changes to the Elephant Site

You agree and understand that the Elephant Site, including any and all features available via the Elephant Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Elephant Site implemented after your initial access to the Elephant Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Elephant Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ use of the Elephant Site.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

* download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Elephant Site, except and to the extent expressly permitted under these Terms of Use;
* remove any copyright, trademark or other proprietary rights notice contained in or on the Elephant Site;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Elephant Site;
* collect any information about other Users (including usernames and/or email addresses) for any purpose;
* reformat or frame any portion of any Web pages that are part of the Elephant Site;
* create user accounts by automated means or under false or fraudulent pretenses;
* create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Elephant Site;
* submit to the Elephant Site any content that falsely states or implies that such content is sponsored or endorsed by us;
* transmit or upload to the Elephant Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Elephant Site, any other Web site, or any computer or other device or system, or the enjoyment of the Elephant Site by any User;
* use the Elephant Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
* submit to the Elephant Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Elephant Site to transfer or store illegal material, including any material deemed threatening or obscene;
* copy or store any User Content offered on the Elephant Site other than for your personal, non-commercial use;
* take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Elephant Site or the IT infrastructure used to operate and make the Elephant Site available;
* use the Elephant Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
* collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Ownership

As between you and us, the Elephant Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Elephant Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Elephant Site are the proprietary property of Elephant or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Elephant Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, images, names or logos appearing on the Elephant Site without the express written permission of the copyright or trademark owner.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ELEPHANT SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE ELEPHANT SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE ELEPHANT SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE ELEPHANT SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ELEPHANT SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE ELEPHANT SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE ELEPHANT SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ELEPHANT SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE ELEPHANT SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE ELEPHANT SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Elephant reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Elephant Site, Elephant reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, Elephant reserves the right to limit quantities on some goods or structures. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Elephant further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

Elephant may display visual representations of products sold through a Elephant Site. Elephant attempts to display the colors of the products shown on the Elephant Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability

IN NO EVENT SHALL ELEPHANT OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE ELEPHANT SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ELEPHANT SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ELEPANTS’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE ELEPHANT SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ELEPHANT SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold Elephant and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Elephant Site, (ii) your use of the Elephant Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the Elephant Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE Elephant SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Changes to Terms of Use

We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Elephant Site after any modifications indicates your acceptance of the modified Terms of Use.

Disputes

Any dispute relative to the Elephant Site or use or inability to use the Elephant Site will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on the Elephant Site shall be submitted to confidential arbitration in Greensboro, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Improperly Filed Claims – All claims you bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys’ fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Statute of Limitations – Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting Elephant Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CMD Sales LLC.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Elephant in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Elephant Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Elephant Site, constitute the entire agreement among you and Elephant regarding use of the Elephant Site. Elephant’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Elephant Site and any notices regarding the Elephant Site. Communications with Elephant, including phone and email, may be monitored and recorded or saved in order for training and quality assurance.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to webmaster@carport.com .

© 2011 CMD Sales LLC – Patents Pending.

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Additional Order Agreement Terms & Conditions

Additional Order Agreement Terms & Conditions

Order Assignment. Elephant may assign Buyer’s order to another company for installation and servicing of your order. This is necessary to provide nationwide service and provide delivery and installation in a timely manner. All orders will be delivered as they were ordered. Any reference to “Elephant” may be assigned in part or in whole to a party designated by Elephant; this entire agreement may be assigned to a party designated by Elephant, or only certain sections or lines may be assigned on a case-by-case basis. Buyer agrees that no further notice is required for Elephant to assign any part or all of this agreement to another party, and agrees to be bound by the terms agreed to herein. In some counties and states additional supplemental terms and conditions apply; these terms are viewable here.

Rejection of Order and Cancellation of Contract. Elephant reserves the right, at any time before installation of the Unit, to reject this Order or cancel this contract by notice in writing to Buyer. Upon giving such notice, Elephant will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.

Legal Authority for Installation. Before installation of the Unit, Buyer shall obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer. If Buyer fails to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold Elephant harmless for all damages or costs, including attorney fees, which Elephant may incur as a result thereof. Elephant will install the Unit on the site designated by Buyer upon the property specified; BUT, if Elephant delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by failure adequately to prepare the site, including location of underground utilities, Elephant may, in its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or seek to recover additional costs that Elephant may have incurred. All pricing for “Certified” structures assumes standard wind, snow, and engineering requirements for your state; if your specific locality requires extraordinary specifications or documentation, additional fees may apply.

Site Preparation. Before delivery, Buyer shall designate a site on the property identified as the Location and prepare such site for installation of the Unit, which preparation shall include making the site level, removing all electrical wire less than 15 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If Elephant determines that the site is not prepared or suitable for installation, Elephant may, at its option, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or make such further improvements as may be reasonably necessary. If Elephant makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion. If the site is not prepared and level, or if installation cannot be completed due to inaccesibility, there will be a return trip fee charged of a minimum of $75 or 10% of the cost of the building, whichever is larger.

Scheduling Delivery and Installation. Elephant will make a good faith effort to deliver and install the Unit within 90 days after Elephant’s acceptance of this Contract, and will attempt to notify Buyer at least 24 hours before delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to 120 days. In no event will Elephant be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit. As with any scheduled service, certain delays may be outside of Elephant’s control, including but not limited to weather, road congestion, mechincal failure, or crew personal issues. As such, all appointments should be confirmed with the scheduling department on the day of installation. FOR MORE INFORMATION ON ORDER INSTALLATION TIMING, PLEASE REFER TO http://www.carport.com/terms/timing/ .

Change Orders. No change in the Unit or its specifications is binding on Elephant unless requested by Buyer’s written change order and approved in writing by Elephant. Any change requested by Buyer constitutes the Buyer’s consent to resulting changes in the Price.

Limited Warranty. As to all Units, Elephant warrants that its installation of the Unit will be free of defects in workmanship. There may be state-specific warranties available that are included herein by reference. With no exception from the foregoing warranties, some load bearing elements made of 14-gauge steel may be included in a 12-guage Unit. Any alteration or abuse of the Unit shall void all such limited warranties. ELEPHANT’S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT ELEPHANT’S OPTION, OF THE UNIT. ELEPHANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. ELEPHANT MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.

Payment Terms. Buyer agrees to pay the Retail Price and applicable sales taxes, including any increase for any Change Order, in full at the time of installation. Any order balance after initial deposit paid with credit card is subject to a minimum 2.5% processing fee. If any payment tendered by Buyer is dishonored for any reason, remaining balance due is immediately and if not paid in full, Buyer agrees that, at Manufacturer’s option, Manufacturer may enter Buyer’s property, disassemble and remove the Unit, and retain Buyer’s deposit as liquidated damages. If Manufacturer refers collection hereunder to an attorney or collection agency, Buyer agrees to pay Manufacturer’s reasonable attorney fees and expenses.

Check Policy. If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.

Promotions. From time to time Elephant may offer promotions or specials that are only available for orders placed within a specific time-frame or that meet other qualifications. All offers are void where prohibitted, and may be cancelled at any time.

Regional Availability. Not all prices are available in all areas based on design and governmental restrictions, and prices may vary depending on how you purchase.

Sales Tax. Sales tax will be collected in addition to the purchase price on all orders, unless an exemption is provided by Buyer in writing in a form that is acceptable to the local sales tax authority. Sales tax will be charged on the full retail price of the unit or structure ordered *before* any discounts, give-aways or same-as-cash promotions.

Miscellaneous. This Agreement is governed by the laws of North Carolina and any action against Seller hereunder shall be brought only in a court of general jurisdiction sitting in Surry County, North Carolina. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.

Additional Terms

Your specific order or transaction may be subject to additional terms and conditions from those contained herein that will be displayed to you in addition to these terms. These additional terms will be additive to the terms presented herein, and not in place of.

Disputes

Any dispute relative to an order or deposit will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on the Elephant Site shall be submitted to confidential arbitration in Greensboro, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.


Improperly Filed Claims – All claims you bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys’ fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.


Statute of Limitations – Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting Elephant Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CMD Sales LLC.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Entire Agreement; Assignment. These Terms and Conditions represent the entire agreement between you and us with regard to their subject matter, and supersede all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on the Site, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent. Back to the top

Deposit and Order Modification Policy

Deposit and Order Modification Policy

CARPORT.COM DEPOSIT POLICY:

CMD Sales LLC (“Elephant” “Elephant Structures” “We” “Us” “Carport.com”) typically is not able to and does not offer refunds on a deposit paid on a structure. The deposit you pay is for us to begin work on processing and the fulfillment of your order, and locks in your pricing for up to 6 months.  We offer a “no questions asked” refund policy for 3 days after you place your order with us, but after 3 days, no refunds can be given. Any order cancelled after a payment has been processed is subject to an additional $25 administrative charge that will be deducted from any refund given pursuant to this Deposit Policy.

For the avoidance of doubt: 72 hours after placing your order, there are no refunds available of the non-refundable deposit.

If you request engineered drawings or engineering specifications, no refunds are available after the request has been made.

It is your responsibility to know if you need a permit or not before you place your order. As well, please make sure that your land is ready for installation and clear of any debris that would inhibit the crew from installing the structure on level land. If you have any questions, please email or call in order to have them answered before placing your order. In the event that you do cancel your order for any reason, the deposit/down-payment for your order cannot be refunded. By ordering you are agreeing to this policy.

Carport.com is not responsible for any manufacturers, delivery agents, or delivery agents’ guarantees, warranties, installation issues, delivery times, and any other unforeseen problem(s) that could arise throughout the process of delivery, shipping and/or installation. Any and all of these issues would need to be addressed through those vendors directly.

Any actions taken to take back a deposit after the initial 3 day period are considered to be “Improperly Filed Claims” from our Terms, and are subject to the costs and penalties described therein. Disputes or chargebacks through a credit card company or other payment provider are considered to be “Improperly Filed Claims” as well, and will be cosidered to be fraudulent claims if filed within 120 days of the original charge.

If you decide to cancel an order outside of the 3 day window but before a date is set for installation, we are able to retain a “deposit credit” in the amount you have already paid that can be applied to a different deposit portion of a payment on a structure you have built with us any time in the next three (3) years. Please note that prices can and will change after the initial six (6) month period, and are not guaranteed for the three (3) years which we will maintain a deposit credit for you.

CARPORT.COM ORDER MODIFICATION POLICY:

Any order changes or modifications are subject to a minimum $50 change-order fee, up to a maximum of an additional 10% of the cost of the building, for each modification to an existing order in addition to any increase in cost of the structure or materials from the order modification.

If you need to make a change to an existing order within the initial 3 day period, there is one order modification that will not have an change-order fee assessed.

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