Date of Last Revision: July 9, 2021
TERMS OF USE
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PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE ODDBAWLS PLATFORM
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This website is owned and operated by ODDBAWLS. These Terms set forth the terms and conditions under which you may use our website (“Site”) and services as offered by us. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately cease use of this site.
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DISCLAIMER
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You expressly acknowledge that your use of this site is at your sole risk. ODDBAWLS is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, ODDBAWLS disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, ODDBAWLS does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current. Products, price and availability information are subject to change at any time without notice.
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In order to use our website and/or receive our services, you must be at least the legal age of majority in your jurisdiction or if you have consent from your parent or guardian, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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COMMERCIAL TERMS
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
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PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
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ODDBAWLS reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.
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RETENTION OF RIGHT TO CHANGE OFFERING
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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
TRADEMARKS
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ODDBAWLS trademarks may not be used without the written permission of ODDBAWLS and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ODDBAWLS.
Any rights not expressly granted herein are reserved.
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COPYRIGHT AND PROPRIETARY RIGHTS
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All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of ODDBAWLS, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of ODDBAWLS.
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The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with ODDBAWLS. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate ODDBAWLS copyright, trademark and other proprietary rights.
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All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which ODDBAWLS uses in connection with the Site shall remain the exclusive property of ODDBAWLS. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of ODDBAWLS. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
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COMMUNICATIONS PROVIDED BY USER
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Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ODDBAWLS or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ODDBAWLS is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant ODDBAWLS and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant ODDBAWLS and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
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SITE CONTENTS
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LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ODDBAWLS and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. ODDBAWLS is not responsible for webcasting or any other form of transmission received from any Linked Site.
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SHOPPING
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ODDBAWLS does not guarantee, warrant or endorse any product or service not manufactured or performed by ODDBAWLS, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by ODDBAWLS. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access ODDBAWLS.
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RETURN & REFUND POLICY
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For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method.
ORDER ACCEPTANCE
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The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ODDBAWLS reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
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COLOR
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We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
PRIVACY
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ODDBAWLS agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
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INDEMNIFICATION
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You agree to indemnify and hold ODDBAWLS harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
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CHOICE OF LAW
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The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ODDBAWLS as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ODDBAWLS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ODDBAWLS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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PREFERENCE OF LAW & DISPUTE RESOLUTION
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of California, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Los Angeles. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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LIMITATION OF LIABILITY
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To the maximum extent permitted by applicable law, ODDBAWLS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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RIGHT TO CHANGE AND MODIFY TERMS
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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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TERMINATION
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ODDBAWLS™ reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment