Terms of Service
OI Tape, LLC, Terms of Service
This Website is maintained by OI Tape, LLC (“OI”) and governs the relationship between visitors to this site (“Users” or “you”) and those who wish to purchase our products (“OI Tape Products”) through this website. Throughout this Website, references to “we” and “us” or “our”, refer to OI Tape, LLC. Visits and purchases are subject to the Terms of Service found in this Website.
By visiting this OI Website (“Website”) or purchasing OI Tape Products you agree to OI Tape Terms of Service, including related processes, or policies referred to herein. Accordingly, you are advised to review the Terms of Service before proceeding further. If you don’t agree to the Terms of Service you should not browse further or make any purchases.
Future amendments to the Terms of Service will be applicable to browsing or purchases following their adoption. The most current Terms of Service will be available through this Website, www.OITape.com. Continued use of this Website post-adoption shall constitute acceptance of any such adoption. OI Tape Products are hosted on Shopify. (The term “Service” refers to this Website and third-party vendors used to display, deliver, and account for the sale and distribution of OI Tape Products.) This Service permits us to sell and deliver products to you.
Online OI Tape Terms of Service
By using this Website to browse or purchase OI Tape Products you thereby agree to its Terms of Service, including that you are at least the age of majority in the jurisdiction in which you reside. You acknowledge that you are prohibited from transmitting any worms or viruses through this Website.
OI reserves the right to deny or terminate service to a User at any time for any lawful reason.
Users understand that your content (not including credit card information) may be transferred unencrypted and (a) transmitted over networks, and (b) altered to conform with technical requirements of associated networks or devices. Credit card information may also be transferred in encrypted formats.
Users agree not to reproduce, duplicate, copy or sell any portion of this Service.
Accuracy and Timeliness of Information
While we shall strive to assure completeness and accuracy of information contained on this Website, we may not be held legally responsible for oversights. The material on this Website is general information and should not be relied on without securing additional, independent and/or expert opinion. Reliance on Website information only is at the User’s own risk.
Information on the Website ages with the passage of time and the knowledge gained from additional learnings pertaining to subject matters addressed herein. We will strive to update and report on material information and learnings but we are not responsible for updating information on the Website in any set timeframe or update sequencing.
Modification to the Service and Prices
Prices and offerings for OI Tape Products are subject to change without notice, and we shall not be liable for any such price changes, service limitations or product discontinuations. Products offered online may be available in limited quantities and can be exchanged or returned only in keeping with our Return Policy.
We strive to represent and describe all OI Tape Products accurately. We do not, however, warrant that the quality of any product or services purchased or obtained by you will fully meet your expectations or that we can correct any dissatisfaction you may identify. All descriptions of products or pricing are subject to change at any time without notice and we reserve the right to limit or not fulfill customer orders. 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. Any new OI Tape Products, services or third-party tools (see below) shall be subject to these Terms of Service.
Accuracy of Billing or Account Information
You agree to provide accurate, current and complete purchase and account information for all OI Tape Product orders, including your email address.
Optional Tools and Third Party Links
Use of this Website may provide you with access to e-commerce tools and third-party links we neither control, have input to, or can influence. Accordingly, you acknowledge that use of such tools and or third-party links shall be “as is” and without any warranties from or recourse to OI.
Use of such third-party tools and/or links is entirely at your own risk and discretion. Please review the third-party links, tools and their governing policies/practices and make sure you understand and agree with them prior to engaging in any transaction. Any complaints, claims, concerns or questions concerning third-party links or services should be directed to the applicable third-party.
User Comments and Feedback
As to any unsolicited creative ideas, suggestions, proposals or other materials you send us by email, online or otherwise (“Communications’), you agree that we may, at any time and without notice, edit, copy, publish, distribute, or otherwise use such Communications. We shall be under no obligation to maintain in confidence, pay compensation for, or respond to any such
Communications. We may, without obligation, monitor, edit or remove Communications that we determine in our sole discretion are unlawful, offensive, threatening or that OI otherwise finds objectionable or which violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or property right. You also agree that your comments will not contain libelous statements or malware that could in any way affect the operation of this Service or any associated third-party link or website. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any comments or product orders. You are solely responsible for any comments you make and their accuracy.
Personal Information
Submission of personal information through this Website is governed by the OI Tape Privacy Policy, which follows this document.
Errors, Inaccuracies, or Omissions
Despite best efforts, there may be information on our Website or connected with our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, product shipping, delivery dates and availability. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service, or on any related website, is inaccurate at any time without prior notice (including after you have submitted your order). Finally, any corrections made to the Website or the Service as of a given date does not represent that the entire Website or Service was reviewed and updated/corrected as of such date.
Prohibited Uses
In addition to the above prohibitions, you may not use this Website or content: a) for any unlawful propose; b) to solicit others to perform or participate in any unlawful acts; c) to violate any federal provincial or state regulations, rules, laws or local ordinances; d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, slander, defame, slander or disparage or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f) to submit false or misleading information; g) to 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 this Website, or any related website, or the Internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purposes; or k) to interfere with or circumvent the security features of the Service or any related website, or for violating any or the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through this Website are offered and provided (except as otherwise expressly stated by OI) “as is”, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall OI, our directors, officers, employees, contractors, service providers, suppliers, or licensors be liable for any injury, loss, claim or any direct, indirect or consequential damages of any kind, including without limitation, lost profits, loss of data, replacement costs, or any damages whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service and/or OI Tape Products procured using the Service, or for any other claim related in any way to your use of the Service or any OI Tape Product, including, but not limited to, any errors or omissions in any content, or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Section 11. Identification
You agree to indemnify, defend and hold harmless OI, our directors, officers, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 12. Severability
In the event that any provision(s) of these Terms of Service are found to be unenforceable in any jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable provision shall be severed. Unaffected provisions shall remain in effect.
Section 13. Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. All obligations of Users and IO Tape, LLC incurred prior to any termination shall survive such termination.
Section 14. Entire Agreement
OI’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted on this Website or in connection with the Service constitutes the entire agreement and understanding between you and us, superseding any prior of contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 15. Governing Law
These Terms of Service shall be governed by the laws of the State of New Jersey.
Section 16. Contact Information
Questions concerning these Terms of Service should be addressed to breathe@oitape.com