Oddball ORV Terms and Conditions
Effective Date: 10/17/2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before purchasing any products from Oddball ORV ("us", "we", or "our").
Interpretation and Definitions
Interpretation
Words with capitalized initial letters have specific meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or other securities entitled to vote for election of directors or other managing authority.
- Country refers to California, United States.
- Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to Oddball ORV, located at [Insert Address], California, USA.
- Device means any device that can access our Website, such as a computer, cellphone, or digital tablet.
- Website refers to Oddball ORV, accessible from https://www.oddballorv.com.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the purchase of products.
- Third-party Social Media Service means any services or content provided by a third party that may be displayed, included, or made available by the Website.
- You means the individual accessing or using the Website, or the company or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These are the Terms and Conditions governing the purchase of products from Oddball ORV and the agreement that operates between You and Oddball ORV. These Terms set out the rights and obligations of all customers regarding the purchase of products.
Your access to and use of the Website, and your purchase of products, is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website or purchase products.
By accessing or using the Website and purchasing products, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Website or purchase products.
You represent that you are over the age of 18. The Company does not permit those under 18 to purchase products without parental consent.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Purchases
If You wish to purchase any product made available through the Website ("Purchase"), You may be asked to supply certain information relevant to Your Purchase, including but not limited to:
- Your full name
- Email address
- Shipping address
- Payment information
You represent and warrant that:
- You have the legal right to use any payment method(s) in connection with any Purchase.
- The information You provide to us is true, correct, and complete.
We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to:
- Product availability
- Errors in the description or price of the product
- Errors in Your order
- Suspected fraud or unauthorized or illegal transaction
Product Descriptions and Pricing
We strive to display accurate product descriptions and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Oddball ORV is not as described, your sole remedy is to return it in unused condition, subject to our Return and Refund Policy.
Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue products without notice.
Shipping and Delivery
Please review our Shipping Policy, which governs the delivery of products purchased through the Website. By placing an order, You agree to be bound by this policy.
Returns and Refunds
Please review our Return and Refund Policy, which governs the return and refund of products purchased through the Website. By placing an order, You agree to be bound by this policy.
Intellectual Property
The Website and its original content, features, and functionality are and will remain the exclusive property of Oddball ORV and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Oddball ORV.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Oddball ORV.
Oddball ORV has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Oddball ORV shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if You breach these Terms.
Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Oddball ORV and any of its suppliers under any provision of these Terms and Your exclusive remedy shall be limited to the amount actually paid by You for the products purchased or 100 USD if You haven't purchased anything.
To the maximum extent permitted by applicable law, in no event shall Oddball ORV or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to damages for loss of profits, data loss, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the products, even if Oddball ORV or any supplier has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to You. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
All products and materials provided through the Website are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, either express or implied.
To the maximum extent permitted under applicable law, Oddball ORV, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the products, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, Oddball ORV provides no warranty or undertaking, and makes no representation of any kind that the products will meet Your requirements, achieve any intended results, be compatible with any other products or systems, operate without interruption, or be error-free.
Some jurisdictions do not allow the exclusion of certain types of warranties, so some of the above exclusions may not apply to You. In such cases, the exclusions shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your purchase of products. Your use of the Website may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about a product purchased, You agree to first try to resolve the dispute informally by contacting Oddball ORV.
United States Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist-supporting" country.
- You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website.
Contact Us
Reply to your Purchase Receipt email that you received after placing your order. That will provide us the necessary information to lookup your order in our system. If you don't have that email, you may reach out to us via the Contact form here.
By purchasing products from Oddball ORV, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions.