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OLDE WOOD, LTD. – WEB SITE TERMS AND CONDITIONS OF USE
©2015 OLDEWOODLTD.COM. ALL RIGHTS RESERVED. WELCOME TO OLDEWOODLTD. operated by OLDE WOOD, LTD. (referred to herein as either “Olde Wood or OLDEWOODLTD.COM”) PLEASE REFER TO THE LEGAL NOTICE BELOW FOR OLDE WOOD’S TERMS AND CONDITIONS OF USE. The website address for Olde Wood is http://www.oldewoodltd.com. The mailing address for OLDEWOODLTD.com is –7557 Willowdale St., Magnolia, Ohio, 44643, USA.
THE EFFECTIVE DATE OF THIS AGREEMENT IS 04/10/2015
Agreement Between the User and Olde Wood
WELCOME TO OLDEWOODLTD.COM. THESE TERMS AND CONDITIONS OF USE (THE TERMS) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE USER OF THIS WEBSITE (THE SITE), AND OLDE WOOD, THE OWNER AND OPERATOR OF THIS SITE. YOUR ACCESS AND USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL PROVISIONS OF THESE TERMS, AS WELL AS ALL APPLICABLE LAWS. IT IS THEREFORE IMPORTANT THAT YOU READ THESE TERMS CAREFULLY BEFORE USING THE SITE AS THEY AFFECT YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE.
Modification or Changes to these Terms
THESE TERMS ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE INCORPORATED BY REFERENCE INTO THE TERMS POSTED TO THIS SITE FROM TIME TO TIME. OLDE WOOD ALSO RESERVES THE RIGHT IN ITS SOLE DISCRETION TO EDIT, DELETE, MODIFY, SUSPEND OR DISCONTINUE ANY CONTENT, FEATURE, ASPECT, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE AT ANY TIME. BY USING THE SITE, YOU AGREE TO REVIEW THE TERMS AS INCLUDED ON OR WITH ANY CONTENT AVAILABLE ON THE SITE, AS WELL AS ANY NOTICE THAT OLDE WOOD MAY SEND YOU REGARDING THE TERMS. YOUR CONTINUED USE OF THE SITE REPRESENTS YOUR AGREEMENT TO ALL TERMS, INCLUDING NEW AND/OR MODIFIED PROVISIONS OF THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT ACCESS THIS SITE, OR YOU SHOULD OTHERWISE NOTIFY US IN WRITING.
Electronic Communications and Communications in General, Express Consent of User
Visiting a Site such as oldewoodltd.com or sending emails to Olde Wood constitutes electronic communications and results in electronic records with Olde Wood. You expressly consent to electronic communications and records from Olde Wood. You expressly consent to receive electronic communications from Olde Wood and you expressly agree that all communications that Olde Wood provides you electronically, via email or on this Site, satisfy any legal requirement that such communications be in writing. You may withdraw such express consent at any time by contacting Olde Wood through email, mail, fax, or telephone, as follows:
Olde Wood - Email: firstname.lastname@example.org
Olde Wood - Mailing Address: 7557 Willowdale St., Magnolia, Ohio 44643
Olde Wood - Fax: +1 (330) 866-1735
Olde Wood - Telephone: (866) 208-WOOD (9663) or +1 (330) 866-1441
The user’s withdrawal of express consent to electronic communications may, at Olde Wood’s discretion, result in the termination of the relationship between Olde Wood and the user.
When you provide Olde Wood your email address, the company will email you as necessary to process your order, respond to a request, or provide customer service assistance. After you place an order at oldewoodltd.com, you will receive an email confirmation and also an email with package tracking information upon shipping of your order.
OLDE WOOD MAY ALSO PROVIDE YOU, BY EMAIL, REGULAR MAIL, FAX, TELEPHONE, OR POSTINGS ON THIS SITE, NOTICES OR SERVICE AND TRANSACTION-RELATED ANNOUNCEMENTS (THE ANNOUNCEMENTS), INCLUDING BUT NOT LIMITED TO CHANGES TO THESE TERMS, CHANGES YOU MAKE TO YOUR ACCOUNT PROFILE OR PASSWORD, AND DATA BREACH NOTIFICATIONS. BY ACCESSING AND USING THIS SITE YOU EXPRESSLY AGREE THAT OLDE WOOD MAY SEND YOU SUCH NOTICES AND ANNOUNCEMENTS BY EMAIL, REGULAR OR EXPRESS MAIL, FAX, TELEPHONE (BETWEEN 8:00AM AND 5:00PM LOCAL TIME AT YOUR LOCATION), OR POSTINGS ON THIS SITE. WE WILL SEND NOTICES OR ANNOUNCEMENTS WHEN IT IS NECESSARY TO DO SO IN ORDER TO KEEP YOU INFORMED, IN PARTICULAR, BUT NOT LIMITED TO, WHEN SUCH NOTICES OR ANNOUNCEMENTS MAY AFFECT YOUR RIGHTS, YOUR SAFETY, THE SECURITY OF YOUR PERSONAL INFORMATION, THE WARRANTY OF A PRODUCT OR SERVICE YOU PURCHASED, OR AS REQUIRED BY THE LAW. For example, in the unlikely event that Olde Wood has reasons to suspect that its system has been the target of a cyber-attack, Olde Wood reserves the right to contact you by the most reasonable and expedient methods, including by email. We may also, but are not obligated to, notify you by email or other methods of communication when it appears that you have made changes to your Account profile or password. In general, you may not opt-out altogether from these notices or announcements which are not intended to be promotional in nature. Please notify us by email, mail, fax, or telephone per instructions stated in this section if you do not wish to receive these messages by a certain method(s) of communication.
Olde Wood may also send you promotional electronic or communications about products, special offers, promotions, services or events that we believe may be of interest to you. Olde Wood intends to send promotional emails and communication only to those persons who wish to receive them. Olde Wood provides instructions on how to unsubscribe at the bottom of each email and within your Account section of oldewoodltd.com which you may access by clicking here.
The safety and security of your personal information starts with you. YOU SHALL BE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD TO LOGIN INTO YOUR ACCOUNT ON THE SITE. THUS, YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT USER ID AND PASSWORD, WHETHER OR NOT YOU AUTHORIZE SUCH ACTIVITIES. Any User ID and password for your access to the Site shall be for your personal non-commercial use only. You further agree to first immediately notify Olde Wood of any unauthorized use of your User ID or password of which you become aware and second, ensure that you exit and logout from your account at the end of each session.
Third Party Links
From time to time, this Site may contain links to other websites that are not owned, operated or controlled by Olde Wood or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither Olde Wood nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither Olde Wood nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Site, you do so entirely at your own risk.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from oldewoodltd.com on this Site and other than generally available third party web browsers (e.g., Internet Explorer, Mozilla Firefox, Safari, Chrome).
Nothing contained in this Site shall constitute an offer by Olde Wood to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this Site until a user places an order, and it is then accepted by Olde Wood in the manner described in the specific ordering information provided with the Olde Wood Terms and Conditions of Sale. Upon placing an order, the user agrees that the Olde Wood’s Terms and Conditions of Sale located at http://www.oldewoodltd.com/what-to-know/resource-library/terms-conditions-of-sale shall apply regarding the purchase and sale of the products (hereafter the “Terms and Conditions of Sale”). The Terms and Conditions of Sale, shall be the terms and conditions governing the purchase or sale, as the case may be, of all products and services from Olde Wood. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
USER HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF SALE OF OLDE WOOD, LOCATED AT http://www.oldewoodltd.com/what-to-know/resource-library/terms-conditions AND AGREES THAT BY ORDERING PRODUCTS FROM OLDE WOOD, USER IS ACCEPTING ALL OF THE TERMS AND CONDITIONS OF SALE OF OLDE WOOD. ALL TERMS AND CONDITIONS PROPOSED BY USER WHICH ARE DIFFERENT FROM OR IN ADDITION TO THESE TERMS AND CONDITIONS, WHETHER CONTAINED IN A PURCHASE ORDER, ONLINE OR ON THE WEB, OR OTHERWISE, ARE UNACCEPTABLE TO OLDE WOOD, ARE EXPRESSLY REJECTED BY OLDE WOOD, AND SHALL NOT BECOME A PART OF THE CONTRACT BETWEEN THE PARTIES. IN THE EVENT THE PARTIES ENTER INTO AN AGREEMENT CONTAINING TERMS FOR THE SALE OF PRODUCTS BY OLDE WOOD, AND IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE PROVISIONS OF THESE TERMS AND CONDITIONS AND SUCH SIGNED AGREEMENT, THE FOLLOWING PRIORITY WILL APPLY: (i) THE TERMS AND CONDITIONS OF THE SIGNED AGREEMENT; AND (ii) THE TERMS AND CONDITIONS. USER ACKNOWLEDGES THAT OLDE WOOD’S TERMS AND CONDITIONS OF SALE ARE INCORPORATED HEREIN AND MADE A PART OF THE CONTRACT, AND USER SHALL BE BOUND BY THE TERMS AND CONDITIONS. USER IS DEEMED TO HAVE REVIEWED AND ACCEPTED THE TERMS AND CONDITIONS UNLESS USER NOTIFIES OLDE WOOD, IN WRITING TO THE CONTRARY. USER FURTHER AGREES THAT BY PLACING AN ORDER, USER HAS THE AUTHORITY AND POWER ON ITS OWN, OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF ANY OTHER PERSON OR ENTITY, AND AS SUCH, USER SHALL BE BOUND HEREBY.
Olde Wood reserves the right to cancel or refuse any order at any time without notice. Some situations that may result in the cancellation of an order may include, but are not limited to, limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by Olde Wood. Similarly, in some cases, we must contact you to obtain and verify additional information before accepting an order. If your order is canceled for any reason or additional information is required, Olde Wood will contact you by email and/or by telephone. Please be sure that you verify your contact information on the order as it must be valid to be accepted. If the contact information is fictitious or invalid, Olde Wood reserves the right to cancel an order. For user convenience, under most circumstances, credit card will be authorized for the amount of the sale when the order is ready to be picked up in the warehouse. Your information will be verified for accuracy and the credit card will be charged in full at the time the order is shipped. If you decide to cancel an order that has an authorized payment status, our Billing Department will void this authorization.
SPECIAL ORDERS AND/OR NO CANCEL-NO RETURN ITEMS WILL REQUIRE FULL NON-REFUNDABLE PAYMENT BEFORE THE ORDER IS PLACED. UNDER NO CIRCUMSTANCES WILL THIS VALUE BE REFUNDABLE IN THE EVENT THAT THE ORDER DOES NOT SHIP DUE TO CUSTOMER CANCELLATION OR REFUSAL AT THE TIME OF DELIVERY.
INTERNATIONAL CUSTOMERS/NON-U.S. CUSTOMERS are responsible for understanding their country's international buying laws and should be aware that all international purchases are subject to additional brokerage, duty or tax fees that are collected at the time of delivery unless otherwise noted by Olde Wood. Olde Wood is not responsible for these charges as the company has no affiliation with tax systems set forth by countries outside the U.S.A. If the consignee/receiver refuses to pay these additional charges at the time of delivery, Olde Wood will instruct the shipping carrier to abandon the package. Abandoned packages are destroyed at the shipping warehouse of the local shipping carrier’s pick up facility. Olde Wood will not be held responsible for any abandoned packages due to these circumstances. Please read the additional provisions specifically applicable to International Users and Orders, see below.
This Site is controlled, operated, and administered by Olde Wood from our offices in the USA. If you access this Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site’s content accessed through oldewoodltd.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Please be advised that your country may impose duty fees, or other taxes based on the product origin and/or value. These fees and taxes are based on your country's import policy, and may be imposed in addition to the purchase price and shipping/handling fees collected by Olde Wood prior to shipment. All such fees and taxes are the sole responsibility of the recipient and any and all charges incurred by Olde Wood will be charged to the customer. Olde Wood is not responsible for such fees/taxes on returned items. If you are concerned about possible additional charges, please contact your local Import/Customs authority for more information. All charges, sales, returns, and exchanges will be calculated in US dollars. Olde Wood is not responsible for fluctuations in currency value.
Accuracy of Information and Typographical Errors
While Olde Wood strives to provide accurate product pricing and shipping information, pricing, typographical errors or inaccuracies may occur. Olde Wood does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Olde Wood makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the web site’s content is illegal is prohibited. All information, content and material comprising or made available on this Site serves informative purposes only and is not binding upon Olde Wood. Olde Wood recommends that users exercise their own skill and care with respect to their use of this Site and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the Site for their purposes. In certain cases, Olde Wood cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing, typographical error or inaccuracy exists with any product or service offered, Olde Wood reserves the right to cancel or refuse an order at any time without notice. In general, in most instances involving pricing, typographical error or inaccuracy, Olde Wood will contact you for further instructions or cancel your order with an email and/or telephone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Olde Wood will contact the purchaser by email and/or telephone in order to offer revised shipping options. Prices and availability are subject to change without notice.
Returns and Exchanges
Olde Wood only accepts returns received by Olde Wood within five (5) calendar days from the time the original order was shipped from Olde Wood’s facility or supplier. All returns must be do to a manufacturing defect and authorized by a member of the Customer Service Department (CSD), who will provide an Authorization number specific to the return in question. The return form must be filled out entirely. If your return is not authorized by Olde Wood, Olde Wood will refuse your return and will assume no responsibility for receiving any packages.
All returns are subject to a twenty five percent (25%) restocking fee. Olde Wood may provide a store credit in lieu of a refund to the original payment method used by mutual agreement with the customer. This is to be authorized with Olde Wood when setting up the return. All products must be returned in new condition and in the original packaging that the products were shipped in, including any identifying stickers, manuals or manufacturer information. If the item was shipped in a sealed container or pallet and banding, the item must be returned in the same manner without evidence of damage or modification. Olde Wood reserves the right to inspect all returned items, and may deny a return based on such inspection of the product(s). Olde Wood does not accept returns on special orders, commonly referred to as “No Cancel/No Return products,” see applicable provision in these Terms.
Any domestic orders that are returned to Olde Wood as refused by receiver or non-deliverable will be subject to a return handling fee and will be processed as a return in compliance with our standard return policy, including a twenty five percent (25%) restocking fee. Any international orders that are refused or returned to Olde Wood may be subject to additional charges for shipping, handling, duties, fees and taxes. All international returns must be shipped with duties, fees and taxes prepaid by the sender. Olde Wood reserves the right to refuse delivery of packages that require payment of duties, fees and taxes that have not been prepaid by the sender.
All returns must be sent to after issuance of written authorization from Olde Wood to: Olde Wood, Ltd. Attention: Customer Service Department (Return Authorization Number) 7557 Willowdale St. Magnolia, Ohio 44643
Failure to follow the return process may result in the loss of your product, a delay of your refund and/or refusal of the package at the time of delivery. It is recommended that you save the tracking number for your return shipment in the event that the package is misplaced or lost, so that you may file a claim with the shipping carrier you have chosen.
Damaged/Missing Items in Shipment
If you have received a damaged item, you must notify the Customer Service Department within five (5) business days to initiate a damaged package claim. It is required that you keep all the packaging materials, box(es) and broken items until the shipping carrier completes the investigation.
If you are missing any items from your order, you must notify the Customer Service Department within five (5) business days of receiving the items. If you fail to report damaged and/or missing items in your shipment within five (5) business days of receiving the package, replacement items will not be shipped out under any circumstances. Replacement orders will be placed pending the authorization provided by the shipping carrier you have selected on the original order. UPS typically requires up to eight (8) business days from the time the claim is started. USPS can require five (5) to ninety (90) business days, depending on the country. Please note that this is the policy of the shipping carrier and not Olde Wood’s. Olde Wood will only provide replacement products for damaged or missing items. Olde Wood will not provide refunds for any damaged or missing item under any circumstances. Olde Wood does not guarantee that any packages will be credited by the shipping carrier until the investigation process is complete. Olde Wood will not, under any circumstances, provide a lost package replacement part until the investigation process is complete. Customers who bypass our Damaged/Missing Items policy and purchase replacement products prior to the receipt of shipping claim confirmation agree and understand that a credit is not guaranteed until the shipping carrier’s investigation is complete.
If you do not receive your package and the tracking information shows that the package has been delivered, you must notify Olde Wood right away so that we can initiate a lost package tracer with the shipping carrier you have originally selected. Replacement products will not be sent until the shipping carrier completes the tracer request and grants permission for replacement product(s) to be shipped. UPS typically requires up to eight business days from the time the claim is started. USPS usually requires five (5) to ninety (90) business days, depending on the country. Please note that this is the policy of the shipping carrier and not Olde Wood’s. Olde Wood does not guarantee that any packages will be credited by the shipping carrier until this investigation process is complete.
Olde Wood will not, under any circumstances, provide a lost package replacement until the investigation process is complete. Customers who bypass our Lost Packages policy and purchase replacement products prior to the receipt of shipping claim confirmation agree and understand that a credit is not guaranteed until the shipping carrier’s investigation is complete.
Olde Wood will not provide refunds for any lost package(s) under any circumstances. Ownership and Rights, including Copyrights and Intellectual Property
All content of the Site (including, without limitation, any computer source code, object code, HTML code or other code comprising this Site) is owned by or licensed to Olde Wood. The copyright in and to this Site and all content is owned by Olde Wood. Olde Wood retains and reserves all rights in and to this Site and all content. The reproduction, distribution, transmission, display or use of this Site and any content is prohibited without the prior written consent of Olde Wood.
Olde Wood grants you permission to display, copy, distribute, print and/or download the content on this Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result thereof. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the content, graphics, the Site or any related code or software. All content, graphics, code and software used on or incorporated into the Site, and the arrangement or integration of all such content, graphics, code and software are subject to copyrights held by or licensed to oldewoodltd.com, Inc., and all rights thereto are specifically reserved.
Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy to, upload to, post to or otherwise distribute on, this Site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof. The unauthorized use, uploading, posting and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
OLDE WOOD, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
Olde Wood pursuant to the Digital Millennium Copyright Act designates its Marketing Department to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Site in a way that constitutes infringement, you may notify Olde Wood by providing the Marketing Department the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; 4. Your address, telephone number and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Olde Wood Marketing Department can be reached via e-mail at email@example.com and by phone and regular mail at: Olde Wood, Ltd. 7557 Willowdale St. Magnolia, Ohio 44643 Phone: +1 (866) 208-9663 or (330) 866-1441
You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this Site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Olde Wood, its shareholders, employees, agents, affiliates or any such similarly situated persons or entities.
Ownership of Third Party Content
Olde Wood may display Content supplied by visitors and other third parties on its web site. Olde Wood maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content. OLDE WOOD, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILLIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
OLDE WOOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY CONTENT COMPRISING THIS SITE SUPPLIED BY THIRD PARTIES.
OLDE WOOD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OLDE WOOD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OLDE WOOD, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS SITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS SITE (COLLECTIVELY, THE SITE-RELATED PARTIES) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. FURTHER, THE SITE-RELATED PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. THE SITE-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OLDE WOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLDE WOOD DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OLDE WOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLDE WOOD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, DETERIORIATION OR CORRUPTION OF FILES, DELETIONS OR CORRUPTIONS OF EMAIL, CONNECTION WITH YOUR USE OF, OR INABILITY TO USE THIS SITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE OR DISRUPTING COMPUTER CODE.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE EXISTENCE OF THIS GENERAL DISCLAIMER OF WARRANTIES AND LIABILITIES SHALL NOT MAKE THIS ENTIRE AGREEMENT VOID AND THE TERMS OR PROVISIONS NOT ALLOWED BY STATE LAWS APPLICABLE TO YOU SHALL BE DEEMED SEVERABLE WITHOUT FURTHER IMPAIRMENT TO THESE TERMS.
Enforceability, Severability, and Governing Law
In the event any of these Terms or provisions of these Terms shall be held invalid, void, or for any reason unenforceable, that condition or provision shall be deemed severable. The validity and enforceability of the remaining Terms and provisions shall be unimpaired and the unenforceable Term or provision shall be replaced by such enforceable Term or provision as comes closest to the intention underlying the unenforceable Term or provision while complying with applicable law.
By accessing or using this Site for any purpose, the user acknowledges and agrees that this agreement and all transactions with Olde Wood are subject to the laws of the State of Ohio (without regard to principles of conflict of laws) and the federal law of the United States of America, regardless of where the user lives or works or where he or she accesses the Site. The user hereby acknowledges and agrees that any dispute or any action seeking legal or equitable relief that may arise between the user and Olde Wood will be governed by the laws of the State of Ohio and shall be subject to the jurisdiction of the local, state, or federal courts located in Trumbull County, Ohio, USA.
A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form during the normal course of business. Indemnification
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and the user does not have any authority of any kind to bind Olde Wood in any respect.
I understand that by using this Site, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.
You or Olde Wood may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place and charges that you incur prior to such termination. Olde Wood reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
IF YOU DO NOT UNDERSTAND ANY OF THE FOREGOING TERMS OR IF YOU HAVE ANY QUESTIONS OR COMMENTS, PLEASE DO NOT HESITATE TO CALL THE CUSTOMER SERVICE DEPARTMENT TOLL FREE WITHIN THE U.S. AT (800) 208-9663, OR +1 (330) 866-1441 DURING NORMAL HOURS OF OPERATION (MONDAY-FRIDAY 8:30am-5:00pm).