Date of Last Revision: August 13, 2016
These Terms apply to all users and applies to those who make a purchase with us. ORCC GEAR LLC reserves the right to change or modify these Terms at any time and in its sole discretion. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account. If you have any questions regarding the use of the Sites, please refer questions or comments about the Sites or their contents may be directed to Customer Service at 888-464-5414 (Toll Free), Fax 855-207-4500 (Toll Free) or emailing us at firstname.lastname@example.org
Terms For All Site Users
Ownership of Site Content:
Unless otherwise indicated on our Sites, the Sites and all content and material therein, including but not limited to ORCC logo and all designs, text, graphics, pictures, information, data, software, sound files and selection and arrangements thereof (collectively, "Site Content") are the proprietary property of ORCC or its affiliates, licensers, suppliers or users and are protected by U.S. and international copyright laws.
The ORCC logo and other ORCC product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of ORCC and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of ORCC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "ORCC" or any other name, trademark or product or service name of ORCC without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ORCC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by ORCC.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray ORCC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an ORCC logo or other proprietary graphic of ORCC to link to the Sites without the express written permission of ORCC. Further, you may not use, frame or utilize framing techniques to enclose any ORCC trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without ORCC express written consent. ORCC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of ORCC and ORCC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ORCC provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by ORCC of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
User Content and Interactive Features or Areas:
The Sites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content posts are publicly-view-able and your forum profile information and any content you post pursuant to your profile is only view-able by ORCC members, but it does not include your secured ORCC GEAR account information (also known as "Your ORCC GEAR Online Account" or "Your Account") or secured information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
* User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
* User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
* User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to ORCC or any user or consumer or that is contrary to any instructions or warnings relating to the product.
* User Content that may infringe upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individuals consent;
* User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
* User Content that does not clearly and prominently disclose any material connections you may have to ORCC or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
* User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
* User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
* Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
* User Content that, in the sole judgment of ORCC, restricts or inhibits any other person from using or enjoying the Sites or which may expose ORCC or its users to any harm or liability of any type.
ORCC takes no responsibility and assumes no
liability for any User Content posted, stored or uploaded by you or any
third party or for any loss or damage thereto, nor is ORCC liable for
any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. At the same time,
ORCC encourages its users to report User Content that violates these
Terms (either by using a flagging or reporting mechanism provided within
the Sites or, for content that impinge copyright or trademark rights. Enforcement of the
Terms, however, is solely in our discretion and the absence of
enforcement of these Terms in some instances does not constitute a
waiver of our right to enforce the Terms in other instances. In
addition, these Terms do not create any private right of action on the
part of any third party or any reasonable expectation or promise that
the Sites will not contain any content that is prohibited by such Terms.
Although ORCC has no obligation to screen, edit or monitor any of the
User Content posted on the Sites, ORCC reserves the right, and has
absolute discretion, to remove, screen or edit any User Content posted
or stored on the Sites at any time and for any reason without notice,
and you are solely responsible for creating backup copies and replacing
any User Content you post or store on the Sites at your sole cost and
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ORCC and customers or to ensure the integrity and operation of ORCC business, ORCC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content.
User Content and Feedback:
Except as otherwise provided herein, on the Sites or in a separate
agreement, ORCC claims no ownership or control over any User Content.
However, by submitting or posting User Content on the Sites, you grant
ORCC and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable and fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such User Content on the Sites and on third-party
sites. In addition, we may retain archived copies of your User Content
and cached copies of your User Content may still be available for some
period of time.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to ORCC that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, any other applicable ORCC terms, guidelines or policies or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Sites, ORCC or ORCC products or services that are provided by you, whether by email, posting to the Sites or otherwise ("Feedback"), are non-confidential and shall become the sole property of ORCC. ORCC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort.
* Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
* Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
* Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
* Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
* Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
* Use or attempt to use another's account without authorization from ORCC;
* Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
* Engage in any harassing, intimidating, predatory or stalking conduct;
* Develop any third-party applications that interact with User Content and our Sites; or
* "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
ORCC is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is ORCC responsible or liable for any associated loss, damage, injury or harm. Although ORCC has no obligation to monitor any user conduct on the Sites, ORCC reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. ORCC does not approve or endorse any user-posted meetings or events referenced on the Sites and ORCC recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
No Third-Party Beneficiaries:
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless ORCC, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Sites, Site Content, User Content and
services provided on or in connection with the Sites (collectively,
"Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis
without representations, warranties or conditions of any kind, either
express or implied. ORCC DISCLAIMS ALL OTHER REPRESENTATIONS,
WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS:
(A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED
BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ORCC does
not represent or warrant that the Complete Site is accurate, complete,
reliable, current or error-free. ORCC does not represent or warrant that
the Sites or its servers are free of viruses or other harmful
IN ADDITION, ORCC DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING ORCC VIDEOS AND "EXPERT ADVICE" ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability:
IN NO EVENT SHALL ORCC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM ORCC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ORCC RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORCC, 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 THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ORCC FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Modifications to Site:
ORCC reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that ORCC will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Applicable Law and Venue:
These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Missouri, applicable to agreements made and to be entirely performed within the State of Missouri, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Jefferson County, Missouri and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, ORCC reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Pricing and Availability:
All prices are shown in U.S. dollars, taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Sites are also available while supplies last. Prices displayed on the Sites may vary from advertised prices.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
If the color or size you want is not listed in the "Choose Your Color/Size"
drop-down box on the Product Information page, it is not then available for
ordering. Sometimes we will not know in advance that product is unavailable,
customer service will contact you with a approximate delivery time and the
item will be sent to you once it becomes available. If the back ordered item
is no longer available, we will cancel the item from your order and notify
you, usually via e-mail. If you have items on bac korder that you would like
to cancel, please contact Customer Service by phone 888-464-5414 (Toll Free),
Fax 855-207-4500 (Toll Free) or by email email@example.com
Note: The back-ordered item will be charged to your account, including (Shipping cost, taxes and handling fee's) only when it becomes available for shipping.
Agreement to Conduct Transactions Electronically; Recording; Copies:
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Shipping & Handling; No Export by You:
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, including orders for pick-up at DC locations. Any shipping times shown on the Sites are estimates only, actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Surcharges could apply to orders being shipped to Canada. Customers must agree to these additional charges when processing your order in the cart. Thank You!
ORCC GEAR shipments across Canadian borders, including Duties, Brokerage Fees, Taxes, Product Tariffs and Additional Transportation charges will not be paid by ORCC GEAR, LLC. All fees will be paid by the Company or Consumer/Receiver of product/shipment.
Payment; Credit for Refunds:
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
Return and Exchanges:
ORCC Complies with the manufacturers Guarantee. Whether you made your
purchase from ORCC online, by mail instructions on the Sites. General
returns information and instructions can be found at Return Policy.
We reserve the right to require RGA identification, proof of purchase, or additional verifiable information to help ORCC locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product sold by ORCC has a condition or defect that might make it unsafe, please report this safety concern immediately by calling Customer Service by phone 888-464-5414 (Toll Free), Fax 855-207-4500 (Toll Free) or email firstname.lastname@example.org
ORCC complies to the Manufacturers Guarantee, and ORCC products may be returned or service fees refunded in accordance with ORCC returns and exchanges policy. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM ORCC RELATING TO THE PRODUCTS AND SERVICES YOU PURCHASE OR RECEIVE FROM ORCC. ORCC MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE COVERED BY THE ORIGINAL MANUFACTURERS GUARANTEE, PRODUCTS AND SERVICES PROVIDED BY ORCC ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND BY ORCC. Manufacturers of products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Exclusivity of Remedy; Limitation of Liability:
IN NO EVENT SHALL ORCC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF ORCC, 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 THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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