PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Florida and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Oso with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Oso of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Use of our website is subject to current laws and regulations. Nothing contained in these Terms shall limit Oso’s right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of this website.
We strongly encourage you to periodically review these terms and conditions in order to keep apprised of our most current terms and conditions as posted here.
Pricing; Order Acceptance; Payment; Sales Tax
All prices are displayed on this website are quoted in U.S. Dollars and are valid and effective only in the United States. All prices are subject to change without notice.
While Oso works hard to provide the most accurate and up to date product and pricing information, typographical errors may sometimes occur. Prices and product availability are subject to change without notice. Oso makes every effort to confirm orders by email, however the receipt of an email order confirmation does not constitute the acceptance of an order or the Oso confirmation of an offer to sell a product. Oso may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel. Oso reserves the right, at our sole discretion, to refuse to sell to any customer or cancel or delay any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department. Oso will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is ready to be shipped but if your order is canceled after your credit card has been charged but prior to shipment, we will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchases. Tax exemption certificates cannot be accepted on any orders.
Trademark and Copyright Notice
Overstockpros.com is a trademark of Oso Marketing. All images and the OverstockPros brand are not to be used without express written permission. All pages on this website are subject to the following copyright notice: © 2014 Oso Marketing and Communications, LLC. All rights reserved. All materials, including images, text, illustrations, graphics, designs, icons, photographs, video clips and written and other materials that are part of this website and any compilation thereof (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Oso Marketing. The contents are protected by U.S. and international copyright laws and Oso and its affiliates expressly reserve all intellectual property rights in the contents. You do not have the right to alter, modify, distort, manipulate, create derivative works from, sell, or exploit in anyway any photos, videos or images on our website. You should credit the source of the photo or video to either the named photographer/videographer, if revealed to you, or by stating “Photo is courtesy of Oso Marketing and Communications, LLC or OverstockPros.com.” You will not use the photos in any manner that is derogatory or demeaning to OverstockPros, Oso, the photographer or videographer. Any unauthorized use of our contents or photos is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
Patents on any products sold, marketed or merchandised by Oso are exclusively owned by their respective companies. Oso nor OverstockPros.com make no claims to their patent rights.
This website contains content that Oso creates and also content provided by third parties and may include information from users that register to provide comments or reviews. Oso does not accept responsibility for the accuracy, veracity or the quality of any third party content. While we believe this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.
Oso makes every effort to ensure that our website contents are accurate and up-to-date, we, however, make no warranties or representations as to the accuracy or completeness of the contents or the reliability of any advice, opinions, statements, articles, or other information displayed or distributed through our website. OSO MAKES NO CLAIMS AS TO THE SUITABILITY OF OUR PRODUCTS FOR YOUR INTENDED USE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS, STATEMENTS, ARTICLES, OR OTHER INFORMATION CONTAINED ON OUR WEBSITE SHALL BE AT YOUR SOLE RISK.
Florida residents will be charged sales tax based on their ship to address. Customers purchasing products for delivery outside of Illinois or Florida are required to claim appropriate sales taxes and use the applicable taxes in their jurisdiction.
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. We offer shipping within the United States, and U.S. territories. We cannot offer shipping to APO/FPO at this time. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carrier for damaged and/or lost shipments. The purchaser is responsible for all shipping costs unless there is a special promotional offer. Upon shipment, we will make every attempt to email to you a tracking number. We are not responsible for inaccurate or invalid email addresses.
Products, Services and Specifications
All information on Overstockpros.com website including but not limited to: product features, content and specifications described or depicted are subject to change at any time without notice. We take all reasonable measures to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your specific computer monitor. Oso cannot guarantee that your monitor will accurately display such colors. The inclusion of any products on this website at any particular time does not imply or warrant that these products will be available at that time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner and only in accordance with included product instruction manual.
Exchanges, Refunds, and Returns
Given that items from www.overstockpros.com are sold at a significantly reduced cost we can only accept returns if the item is unopened and received back to us within 30 days of delivery or in the unlikely event that it has a product defect. All product warranties are limited to those of the manufacturer. Oso does not provide any additional warranty of products sold on our site. Should you have any questions regarding the operation of your product or for warranty service, please email us at firstname.lastname@example.org. Do not return a product without first receiving a return authorization and directions on where to return your item. Oso cannot accept returns without a prior return authorization.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OSO OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF GRAVITY SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GRAVITY SOLUTIONS BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Any cause of action you may have with respect to your use of this website and the Contents of each must be commenced within the six (6) month period after the claim or cause of action arose.
Links to Third Party Sites
References on this website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you as they may be items you might be interested in. Oso does receive compensation for promotion of third party sites. If you use links from OverstockPros.com to those affiliate websites, you will leave our website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You will also need to review the other site’s Privacy Policies and Terms and Conditions. If you are not comfortable with the other site’s policies, do not leave their site immediately. Oso makes no warranty or representation regarding any linked websites.
Linking to our websites
All links to the overstockpros.com website must be approved in writing by Oso. Oso reserves the right to revoke this consent to link at any time in its sole discretion.
This website is controlled, operated and administered by Oso from its offices within the United States of America. Oso makes no representation that materials at this site is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the content in violation of U. S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law
You are prohibited from violating or attempting to violate the security of this website, 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 this websites, overloading, “flooding,” “spamming,” “mailbombing” 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. Oso will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.
Oso reserves the right, without obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1) Restrict, suspend, or terminate your access to all or any part of the website;
2) Establish general rules concerning use of our website.
You agree that Oso will not be liable to you or any third party for taking any of these actions.
Invention and Idea Submissions
As you can understand, Oso is continually working on new or improved product concepts and may receive a similar suggestion from an inventor. If Oso proceeds with its new product, it is natural for the inventor to think that Oso has used the inventor’s idea and that the inventor should be compensated. In order to protect Oso as well as any independent inventors, Oso will only consider for review inventions with fully issued patents. If you have already obtained a patent, you may send Oso a copy of the patent for consideration. Please do not send any confidential information with the patent or the submission will not be considered. We will not review any pending patent applications. Oso does not want you to, and you should not, send any confidential or proprietary information to Oso via this website or by any other means not in compliance with our policy. You agree that any information or materials that you or individuals acting on your behalf provide to Oso in violation of our policy will not be considered confidential and may be returned to sender at sender’s expense or destroyed. By providing any such information or materials to Oso in violation of our policy, you grant to Oso an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Oso is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Oso.