Welcome to OsoSupplyCo.com (the “Website”). This Website is operated by Oso Supply Co. By accessing our Website or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). Please read these Terms of Service carefully before accessing or using our Website. If you do not agree to these Terms, do not access, use, or contribute material to the Website.
Descriptions of products and product prices are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your device or computer monitor will display colors accurately.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange in accordance with our Return Policy.
3. LICENSE AND USE OF OUR WEBSITE
By accessing or using our Service, you represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Service. You may not use our products for any illegal or unauthorized purpose. You also may not, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content as follows:
for any unlawful purpose;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to use the Website in any manner that could damage, disable, overburden or impair the Website;
- to post, 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 Service or the Website;
- to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- to post any obscene or explicit material, or any material that is defamatory, insulting, or abusive to any other person or entity;
- to register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- to provide incomplete, false, or inaccurate biographical or other information for purposes of registering as a user, creating an account, placing an order or participating in any program or promotion;
- to impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity; or
- to attempt to access any service or area of the Website that you are not authorized to access.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
4. GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time. We may limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We may 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 will attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally, there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Service or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
6. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
8. MOBILE SERVICES
You may be required to provide a phone number to create an account, place an order, or participate in certain programs or promotions. The Website may include certain features or services that are available via your mobile phone or device, such as the ability to upload content to your mobile phone or request payment links, order and shipping status messages, product information, promotional offers, or other information or alerts be sent to your mobile phone or device (the “Mobile Services”). By using the Mobile Services, or by providing your mobile number as a contact point, you agree that Oso Supply Co may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You are not required to provide your mobile number, consent to receive marketing messages, or use Mobile Services to make a purchase. If you do not provide your mobile number to Oso Supply Co, you may not receive Mobile Services. Mobile Services may not be accessible or may have limited utility over some carriers. We cannot guarantee that all carriers will support Mobile Services. You understand that your carrier's messaging, data and other rates and fees will apply to Mobile Services and other communications. You should check with your carrier to find out if Mobile Services are available to you, what plans are available, and how much they cost. Text messages may be provided using automated technology. Text message frequency varies and message and data rates may apply. If you receive a Mobile Services message from Oso Supply Co, you may also reply “HELP” for help or “STOP” to cancel.
9. THIRD-PARTY LINKS
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from our Website. Such sites are not under our control and we are not responsible for the contents of any linked site. We provide these links for your reference and as a convenience only. The inclusion of any link does not imply or mean that we are affiliated with, or endorse the content on that third party site or the operator or operations on that site. When you leave our Website, you should be aware that our terms and policies no longer govern. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., 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. We will have no obligation to (1) maintain any comments in confidence; (2) compensate you for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree 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 Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
11. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT WILL OSO SUPPLY CO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA LOSS) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE, OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE WEBSITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. AS SUCH, THE LIMITATION SET FORTH ABOVE MIGHT NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OSO SUPPLY CO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OSO SUPPLY CO FOR ACCESS TO OR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING OUR WEBSITE AND ANY SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
You understand and agree that you are personally responsible for your use of the Website and any products obtained or made available to you through the Website. You shall indemnify, defend and hold harmless Oso Supply Co from and against any claims, losses, damages, liabilities, expenses and costs (including reasonable attorneys’ fees and costs), arising out of or relating to your use or misuse of the Website, our products, or breach of these Terms of Service.
13. INTELLECTUAL PROPERTY
The Website and any content (including without limitation text, graphics, logos, images, audio clips, video, data, forms, and any other material or information) used in connection with the Website belong to Oso Supply Co, our affiliates, or to third parties, and are protected by US and international copyright, trademark, and other law.
Any other copying, reproduction, republication, uploading, posting, distribution, transmission, or modification of the content or any other property of Oso Supply Co, whether in paper or electronic form, is strictly prohibited. You agree that you will not duplicate, modify, adapt, translate, publish, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Website or any content, in whole or in part, for any public or commercial use without our express written consent.
You are also prohibited from using any name, logo, domain name, publications, content, and other related product or feature names that can be seen, heard or otherwise experienced on this Website without our express written consent. In addition, the look and feel of the Website and the content (including without limitation the color combinations, layout, and custom graphics) constitute service marks, trademark, and/or trade dress, belonging to Oso Supply Co which may not be copied or imitated, in whole or in part, without our express written consent.
If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section 14, the rest of the agreement is to remain in effect as written in any circumstances other than those in which the provision is held to be unenforceable.
15. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
The failure of Oso Supply Co to enforce any breach, default, delay or omission of any of the provisions of these Terms of Service by you or other parties will not be construed as a waiver of any subsequent breach of the same or other provisions.
16. GOVERNING LAW
The laws of the State of Arizona, without giving effect to its principles of conflicts of law, will govern all disputes and adversarial proceedings relating to these Terms of Service, the Website, your use thereof (collectively, “Disputes”) that arise between you and us. You consent to the exclusive jurisdiction and venue in the courts of Maricopa County, Phoenix, Arizona, USA for any and all Disputes arising between you and us, and you irrevocably submit to the personal jurisdiction of such courts for that purpose.
Oso Supply Co may transfer our rights and obligations to another entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if Oso Supply Co agrees in writing.
18. CHANGES TO THESE TERMS OF SERVICE
We may update and revise these Terms of Service at any time without specific notice to you. It is your responsibility to check our website periodically for changes to these Terms of Service. Your continued use of the Website after any such changes constitutes your acceptance of changes to these Terms of Service.
19. QUESTIONS REGARDING THESE TERMS OF SERVICE
Please direct any questions related to these Terms of Service to firstname.lastname@example.org.
All rights not expressly granted herein are hereby reserved.
Last Updated: June 1, 2023