Terms and Conditions
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.
- ELIGIBILITY - You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
- USER ACCOUNTS - You will need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim, delete or otherwise modify screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
- TERMS OF SALE -
- Availability and Pricing. While we do our best to maintain accurate inventory levels of products on our site, all products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time.
- Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
- Payment. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges).
- Backorders. If any of the products in your order are unavailable after an order is placed, we will attempt to contact you with an estimated shipping time frame for the balance of the order and offer you the opportunity to have the unshipped items canceled and refunded at your discretion. If we are unable to reach you, or if you do not respond within a timely manner, we will automatically cancel and refund the balance of your order.
- Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
- Returns. Please see our Return Policy for information about returning products purchased via our Services.
- Errors. In the event of an error (which includes charging an incorrect price), we reserve the right to cancel your order and refund any amount charged.
- Warranty for Products. Please see our Warranty Policy for information on the warranty offered on products purchased via our Service.
- LIMITED LICENSE- Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to ODI and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, ODI and our licensors reserve all rights in and to our Services. ODI grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
- HYPERLINKS - You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray ODI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time and you must remove the link in question immediately upon request. You may not use an ODI logo or other proprietary or copyrighted graphic of ODI to link to our Services without our express written permission.
- FEEDBACK - Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about ODI or our products or Services (collectively, “Feedback”), is non-confidential and ODI will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- COPYRIGHT COMPLAINTS - If you believe that anything on our Services infringes any copyright that you own or control, you may notify ODI’s Designated Agent as follows:
Designated Agent: Legal Department
Address: 3016 Kansas Avenue, Bldg #3, Riverside, CA 92507
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ODI for certain costs and damages.
- INDEMNIFICATION - To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ODI, its affiliates, successors and assignees and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “ODI Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your violation of these Terms; or (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify ODI Parties of any third-party Claims, cooperate with ODI Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the ODI Parties will have control of the defense, including choice of counsel, and control of settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the ODI Parties.
- DISCLAIMERS - We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk. Except as otherwise provided in these Terms our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ODI does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While ODI attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.
- LIMITATION OF LIABILITY - The ODI Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if ODI or the other ODI Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- The total liability of the ODI Parties for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product. For all other claims arising out of or relating to these Terms or our Services, the total liability of ODI Parties is limited to $100.
- The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the ODI Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
- RELEASE - To the fullest extent permitted by applicable law, you release the ODI Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ODI and limits the manner in which you can seek relief from us.
- Except as specified in Section 12(f) below, you and ODI waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or ODI may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- You and ODI agree that any dispute arising out of or related to these Terms or our Services is personal to you and ODI and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- To the maximum extent permitted by applicable law, you and ODI agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"). As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and ODI agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and ODI agree that the state or federal courts of the State of California and the United States sitting in Riverside County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and ODI will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.
- This Section 12 will not apply to (i) small claims disputes in which you or ODI may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or ODI seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.
- GOVERNING LAW AND VENUE - These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Riverside County, California.
- EXPORT COMPLIANCE - All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- DATA CHECK - When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on Services will be investigated and if necessary prosecuted.
- EVENTS OUTSIDE OUR CONTROL - An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.
- TERMINATION - We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
- SEVERABILITY - If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and OID relating to your access to and use of our Services. The failure of ODI to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
- MISCELLANEOUS - The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
- UPDATED TERMS - We may make changes to these Terms from time to time without notice. It is your responsibility to review any updated Terms prior to using ODI services. All amended Terms will be effective immediately and your continued access to and use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
- CONTACT - If you have any questions or concerns regarding the Services or these Terms, please contact ODI at: ODI, Attn: Legal Department, 3016 Kansas Ave., Bldg #3, Riverside, CA 92507.