This website is operated by Blue Ox Designs, LLC (“OXBALLS” “US” or “OUR”)). OXBALLS provides this website (including all information, tools, goods and services provided hereon) to you, the user (“YOU” or “YOUR”), conditioned upon YOUR acceptance of these Terms of Service (“TERMS”).
Any new features, tools, goods and/or services which may be added to the site shall be subject to the TERMS. YOU can review the most current version of OUR TERMS at any time on this page. We reserve the right to update, change, delete and/or replace any part of these TERMS by posting updates and/or changes to OUR site. It is YOUR responsibility to check this page periodically for any such changes. YOUR continued use of or access to the site following the posting of any changes shall be conclusively deemed YOUR acceptance of any such changes.
SECTION 1 - ONLINE STORE TERMS
YOU represent that YOU are at least the age of majority in YOUR state or province of residence, or that YOU are the age of majority in YOUR state or province of residence and YOU have given us YOUR consent to allow any of YOUR minor dependents to use this site.
YOU may not use OUR products for any illegal or unauthorized purpose nor may YOU, in the use of OUR goods and/or services, violate any laws in YOUR jurisdiction (including but not limited to copyright laws).
YOU must not transmit, or attempt to transmit, any worms, viruses or any other code of a destructive nature.
A breach or violation of any of the TERMS by YOU will result in an immediate termination of YOUR access to OXBALLS’s site, goods and services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason, or no reason, at any time.
YOU understand that YOUR content (other than YOUR credit card information), may be transferred unencrypted and involve (a) transmissions over various networks not controlled by OXBALLS; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over OUR network, however once any third party acquires or may acquire same, OXBALLS cannot control and shall not be liable for, any third party usage of said data.
YOU agree not to copy, reproduce, duplicate, sell, resell or exploit any portion of the site, OUR goods and services, or access to the site without OUR prior express written consent.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this site is at YOUR own risk.
This site may contain certain historical information including but not limited to information about goods and services which are no longer available. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update, supplement or remove any information on OUR site. YOU agree that it is YOUR responsibility to monitor changes to OUR site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for OUR goods and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the site, or any portion thereof, without notice at any time.
YOU understand and agree that OXBALLS shall not be liable to YOU or to any third party for any modification, price change, suspension or discontinuance of the site, OUR goods and/or services, or any portions thereof.
SECTION 5 - OUR GOODS AND SERVICES
Certain goods and services may be available exclusively online through the site. These goods and services may have limited quantities and are subject to return or exchange only according to OUR Return Policy.
We have made every effort to display as accurately as possible the colors and images of OUR goods as they appear on the site. We cannot guarantee that YOUR computer monitor's display of any color will be accurate.
We reserve the right, but shall not be obligated, to limit the sales of OUR goods or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods or services that we offer. All descriptions of OUR goods and services, including pricing, are subject to change at anytime without notice, at OXBALLS’s sole and exclusive discretion. We reserve the right to discontinue any product at any time. Any offer for any goods or services made on this site are void where prohibited by law.
We do not warrant, and hereby disclaim any implied warranty, that the quality of any goods, services or information purchased or obtained by YOU will meet YOUR expectations, or that any errors in the site will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order YOU place with us. We may, in OUR sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify YOU by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in OUR sole and exclusive judgment, appear to be placed by dealers, resellers or distributors.
YOU agree to provide current, complete and accurate purchase and account information. YOU agree to promptly update YOUR account and other information, including YOUR email address and credit card numbers and expiration dates, so that we can complete YOUR transactions and contact YOU as needed.
For more detail, please review OUR [Returns Policy].
SECTION 7 - OPTIONAL TOOLS
We may provide elements on the site which may include access to third-party tools which we do not monitor and over which we have no control. YOU acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind, express or implied, and without any endorsement. OXBALLS shall have no liability whatsoever arising from or relating to YOUR use of any such third-party tools.
YOU hereby acknowledge and agree that any use by YOU of such third-party tools offered through the site is entirely at YOUR sole and exclusive risk and discretion. YOU are solely responsible to ensure that YOU are familiar with and approve of the TERMS on which such tools are provided by the relevant third-party provider(s).
In the event we offer new services and/or features through the site (including but not limited to the inclusion of new third-party tools and/or resources), such new features and/or services shall also be subject to these TERMS.
SECTION 8 - THIRD-PARTY LINKS
Certain content, goods and services available via OUR site may include materials, content and information provided by third-parties. Third-party links on this site may direct YOU to third-party websites that are not controlled by or affiliated with us. OXBALLS shall not be responsible for examining or evaluating the content or accuracy of such third-party materials, content or information. We do not warrant, end expressly disclaim any and all express and implied warranties pertaining to, and shall have no liability pertaining to any third-party materials, content, information and /or websites, or for any other third-party materials, goods and/or services.
OXBALLS shall not liable for any harm or damages related YOUR purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. YOU should carefully review and understand each third-party's TERMS, policies and practices before YOU engage in any third-party transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at OUR request, YOU send us submissions (for example contest entries) or without a request from us YOU send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), YOU agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that YOU forward to us. OXBALLS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to review, consider and/or respond to any Comments.
OXBALLS shall have the right, but not the obligation, to monitor, edit or remove content that we determine in OUR sole and exclusive discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or privacy rights, or these TERMS.
YOU agree, represent and warrant that any Comments YOU provide shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights, whether statutory or at common law. YOU further agree, represent and warrant that YOUR Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website(s). YOU may not use a false e-mail address, impersonate someone other than Yourself, or otherwise mislead us and/or any third-parties as to the origin of any Comments. YOU are solely responsible for any Comments made by YOU and the accuracy thereof. OXBALLS shall have no responsibility for, nor liability pertaining to any Comments posted by YOU or any other third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on OUR site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the site or on any related website is inaccurate at any time without prior notice (including after YOU have submitted YOUR order).
OXBALLS shall have no obligation to update, amend or clarify information on the site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related website, should be taken to indicate that all information in the site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these TERMS, YOU are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate OUR intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate YOUR use of the site and/or any related website for violating, in OUR sole and exclusive discretion, any of the prohibited uses without notice.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OXBALLS does not guarantee, represent or warrant that YOUR use of OUR site will be uninterrupted, timely, secure or error-free and/or that the results that may be obtained from YOUR use of the site will be accurate or reliable.
YOU agree that from time to time we may remove the site and/or any portions thereof for indefinite periods of time or remove the site at any time, without notice to YOU.
YOU understand and expressly agree that YOUR use of, or inability to use, the site is at YOUR sole risk and that YOU wilfully assume such risk. The site and all goods and services delivered to YOU through the site are (except as expressly stated by us) provided “as is” and “as available” for YOUR use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
YOU understand that, except for information, products or services clearly identified as being supplied by OXBALLS, OXBALLS does not operate, control or endorse any information, products or services on the Internet in any way. Except for OXBALLS identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with OXBALLS.
YOU also understand that OXBALLS cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. YOU are responsible for implementing sufficient procedures and checkpoints to satisfy YOUR particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
In no case shall OXBALLS, OUR managers, members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from YOUR use of any of the site and/or any goods procured using the site, or for any other claim related in any way to YOUR use of the site, or any goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, OUR liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
YOU agree to indemnify, defend and hold harmless OXBALLS and OUR parent, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of YOUR breach of these TERMS or the documents they incorporate by reference, or YOUR violation of any law or the rights of any third-parties.
SECTION 15 - SEVERABILITY
In the event that any provision of these TERMS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TERMS. Any such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These TERMS are effective unless and until terminated by either OXBALLS or YOU. YOU may terminate these TERMS at any time by notifying us that YOU no longer wish to use OUR site, or when YOU cease using OUR site. If in OUR sole and exclusive judgment YOU fail, or we suspect that YOU have failed, to comply with any term or provision of these TERMS, we also may terminate this agreement at any time without notice and YOU will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny YOU access to OUR site and/or any part thereof.
SECTION 17 - CHANGES TO TERMS OF SERVICE
YOU can review the most current version of the TERMS at any time on this page.
We reserve the right, at OUR sole discretion, to update, change or replace any part of these TERMS by posting updates and changes to OUR site. It is YOUR responsibility to periodically check OUR site for changes. YOUR continued use of, and/or access to, OUR site or OUR goods and services following the posting of any changes to these TERMS constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the TERMS of Service should be sent to us at [firstname.lastname@example.org]
SECTION 19 - WAIVER
The failure of OXBALLS to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision.
SECTION 20 - OWNERSHIP
OUR Website and all portions thereof are protected by United States and international copyright and trademark laws. OXBALLS is the owner of all such copyrights and trademarks is licensed to use them by other third parties. You may not copy, reproduce, republish, upload, post, transmit, modify or distribute, in any manner now known or subsequently devised, the contents of OUR website, including text, graphics, code and/or software without OUR prior express permission. YOU may view, print and download portions of OUR website solely for YOUR own non-commercial use provided that YOU agree not to change or delete any copyright or proprietary notices from any such materials.
YOU hereby grant a non-exclusive perpetual non-revocable fully paid up license, coupled with an interest, to any materials YOU may send to US and/or post to OUR website and hereby waive, in perpetuity, any and all claims YOU may assert against OXBALLS for any alleged or actual infringement of any such rights YOU may have in and to any such communications.
YOU represent and warrant that any materials YOU post to OUR website are original and owned by YOU and that YOU have the rights to post such materials without infringing any and all rights belonging to any and all third parties. YOU agree to indemnify and hold OXBALLS, and it’s officers, directors, shareholders, managers, members and their agents harmless from any claims related to the representations and warranties made by YOU herein.
SECTION 21 - INDEMNIFICATION
YOU agree to indemnify, defend and hold harmless OXBALLS, its affiliates, officers, directors, members, managers, employees, agents, licensors, vendors and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by YOU or any other person accessing the Website.
The indemnification provided above is for the benefit of OXBALLS and its officers, directors, members, managers, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against YOU on its/their own behalf.
SECTION 22 - ASSUMPTION OF RISK
YOU HEREBY ASSUME THE SOLE AND EXCLUSIVE RESPONSIBILITY, AND ASSUME THE RISK, FOR YOUR USE OF OUR WEBSITE. OXBALLS PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OXBALLS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR WEBSITE (AND/OR ON THE INTERNET GENERALLY). OXBALLS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND THAT OUR WEBSITE CONTAINS MATERIALS THAT ARE SEXUALLY EXPLICIT AND WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OXBALLS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR YOUR INDIVIDUAL RESPONSE SUCH MATERIALS.
SECTION 23 - DISPUTE RESOLUTION / BINDING ARBITRATION
In the event of any dispute, claim, question, or disagreement arising from or relating to these TERMS or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its Commercial Arbitration Rules. The parties agree that any arbitration filed including any and all disputed claims must be brought exclusively on an individual basis and not as a class, collective or representative action.
Within 10 calendar days after the commencement of arbitration, each party shall meet and confer in an attempt to select an arbitrator. If the parties cannot agree on a mutually acceptable arbitrator within 15 calendar days of the commencement date, then each party shall select one person from the AAA’s panel of available arbitrators and the two selected shall select an arbitrator who will conduct the arbitration as a sole arbitrator.
At the request of a party, the arbitrator shall have the discretion to order examination by deposition of witnesses to the extent the arbitrator deems such additional discovery relevant and appropriate. Depositions shall be limited to a maximum of two (2) per party and shall be held within 30 days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each deposition shall be limited to a maximum of four (4) hours duration. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information.
The arbitration shall be held in the City of Los Angeles, California in accordance with the laws of the State of California, the United States and the rules of the AAA.
YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO BRING AN ACTION IN A COURT OF LAW AND THE RIGHT TO BRING AN ACTION TO RESOLVE DISPUTES PERTAINING TO ANY OTHER PARTY INCLUDING A CLASS OR REPRESENTATIVE ACTION.
SECTION 24 - CHOICE OF LAW/VENUE/LIMITATIONS
SECTION 25 - GENERAL TERMS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these TERMS.
Any ambiguities in the interpretation of these TERMS shall not be construed against the drafting party.
These TERMS and any policies or operating rules posted by OXBALLS on this site or in respect to the site, as updated from time to time, constitutes the entire agreement and understanding between YOU and OXBALLS and govern YOUR use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between YOU and us (including, but not limited to, any prior versions of the TERMS).
Any rights not expressly granted herein are reserved.
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