TERMS OF USE
Terms of Use & Conditions
Odeus Skate® LLC (“Odeus”) provides its website at www.odeus.com (the “Website”) and its online retail store to you subject to the following terms. Please read them carefully before using our Website. If you do not agree to these terms and conditions, then don’t use the Website.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website, depending on how you communicated with us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
You will be given an opportunity to register with Odeus on the Website. The registration process includes establishing a user name and password.
You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account using your user name and password. You should therefore take all steps to ensure that your user name and password are kept confidential and secure. You should inform us immediately, at info@odeus.com, if you have any reason to believe that your user name and password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with to establish your account are correct and complete. Please inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the login area of the website.
You may view most of the pages of the Website and also purchase the products described on the Website without establishing an account. Use “Express Checkout” when prompted during the checkout process.
Children Under the Age of 18
Odeus does not sell products to children, but it sells them to adults, who can purchase products with a credit card or other pay option. If you are under 18, you may shop at Odeus.com only with involvement of a parent or guardian. Odeus reserves the right to refuse service, remove or edit content, or cancel orders at our sole discretion.
Access to www.odeus.com
We will do our utmost to ensure the availability of the Website will be uninterrupted and that transmissions will be error-free. However, we are not responsible for interruptions in service for whatever reason. Also, your access to the Website may be suspended occasionally or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
License for Website Access
Odeus grants you a limited license to access and make personal use of the Website. However, you are prohibited from downloading the Website or any of its pages (other than for page caching) or modify them, except with our express written consent.
Odeus also grants you a limited, revocable, and non-exclusive right to create hyperlinks to the Website from your websites as long as the link does not portray Odeus, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Odeus logo or other proprietary graphic or trademark as part of the link without our express written consent.
You may only use the Website for your own personal use. The license rights granted to you do not include any resale or commercial use of the Website or its contents. Without limitation, you are not permitted to collect, download or copy any account information for the benefit of another merchant or to use data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Odeus without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Odeus’ names, trademarks or content without the our prior express written consent.
Customer Conduct Online
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Odeus, are responsible for all electronic communications and content sent from your computer to us; and you must use the Website for lawful purposes only. Without limitation, you may not use the Website to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene, libelous or menacing or in breach of copyright, trademark, trade secret, privacy or any other right, or to engage in conduct that is injurious to third parties. You may not use the Website to send, store or distribute computer viruses, unsolicited messages (“spam”), mass mailings, or commercial solicitations.
Odeus reserves the right to terminate your account and your access to the Website at any time for any reason, including without limitation, if you breach the foregoing guidelines.
Reviews, Comments, Communications and Other Content
You may post reviews, comments and other content on the Website; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content or your activities do not transgress the user guidelines. The foregoing notwithstanding, Odeus reserves the right to remove any posted content that it deems inappropriate in its sole discretion.
If you do post content or submit material, and unless we indicate otherwise, you grant Odeus a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Odeus the right to use the name that you submit in connection with such content, for example your own name. Such uses by Odeus may include, without limitation, using your name to announce contest winners on the Website and in other media; and including your name and your content on videos produced by Odeus.
Intellectual Property Matters
Copyright
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Odeus Apparel® LLC and is protected by United States and international copyright laws. None of the content on the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Odeus. You may not frame or utilize framing techniques to enclose any Odeus content (including images, text, page layout, or form) without our express written prior consent. You may not use any meta tags or any other “hidden text” utilizing Odeus’ name or trademarks without the express written consent of Odeus.
Trademarks
ODEUS, ODEUS APPAREL, ODEUS SKATE and other marks indicated on our Website are trademarks of Odeus Skate® LLC in the United States. Odeus graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Odeus Skate® LLC.
Odeus trademarks and trade dress may not be used in connection with any product or service that is not Odeus, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Odeus. All trademarks not owned by Odeus that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Odeus.
Indemnification
You agree to indemnify, defend, and hold harmless Odeus, its officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of the Website or any violation of these Terms of Use.
Third Party Links
The Website may contain links to third-party sites. Odeus has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk. Odeus disclaims all liability attributable to your use or viewing of third-party sites. You agree to assume all liability and risk in so using or viewing such third-party sites.
Product Descriptions
Odeus attempts to be as accurate as possible. The actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately. Additionally, Odeus does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Odeus itself is not as described, your sole remedy is to return it in a new, unused condition.
Our Contract
When you place an order to purchase a product from Odeus, we will send you an e-mail message confirming receipt of your order and containing the details of your order. Your order represents an offer to purchase a product from Odeus. Your offer is accepted and becomes binding on you when you hit “confirm” in the shopping cart. However, we still have the right to accept or reject your order, in whole or in part. Any products on the same order which we have not confirmed in a Shipping Confirmation E-mail to have been dispatched do not form part of that contract.
Risk of Loss
All items purchased from Odeus are made pursuant to the shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns
Please review our Returns Policy in the Odeus FAQ, which applies to products purchased from us.
Pricing and Availability
We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping estimates are just that. They are not guaranteed shipping times and should not be relied upon as such. As we process your order, we will inform you by e-mail or telephone if any products you order turn out to be unavailable. Despite our best efforts, a small number of the many products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Skateboarding, Safety, and Health
By purchasing any product from our Website, you acknowledge that the sports we sell equipment for, mainly skateboarding, are inherently dangerous, that the practice of these sports carries the risk of serious injury or death and that obtaining instruction as to the safe and proper use of such equipment is the sole responsibility of the user of said equipment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY ODEUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ODEUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ODEUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ODEUS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ODEUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ODEUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN 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.
Applicable Law
By visiting the Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Odeus.
Disputes
Any dispute relating in any way to your visit to Odeus, this Website or to products you purchase through the Website shall be submitted to confidential arbitration in Salt Lake City, Utah, USA except that, to the extent you have in any manner violated or threatened to violate Odeus’ intellectual property rights, Odeus may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Website Policies, Modification, and Severability
We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. All such changes shall be deemed effective upon posting a revised Terms of Use document on our Website. If any of the terms contained herein shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms. If you breach these terms and we take no action, we will still be entitled to enforce our rights and remedies in any other situation where you breach the same terms.
If you have any questions or suggestions regarding our terms of use policy, please contact us.
November 11, 2009
Odeus Skate
P.O. BOX 3298
San Clemente, CA 92674
P: (949) 498-3637
Web: www.odeus.com
Email: email us
Copyright © 2009 Odeus Skate ® LLC
ODEUS APPAREL is a registered trademark of Odeus Skate ® LLC