THANK YOU FOR SHOPPING AT BLOODOAK.COM. PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OUR WEB SITE. BY USING OUR WEB SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE.
BLOODOAK.COM ("BLOODOAK.COM", "we" or "us") maintains this web site (the "Site") as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, purchase, and download materials subject to the terms and conditions set out below.
Use of BLOODOAK.COM'S Web Site and Its Content
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you for personal, non-commercial use only to view, copy, download, and print posted documents (such as product descriptions, prices, forms, and FAQs) that are available on this Site, subject to the following conditions:
1. The documents may be used solely for internal informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.
By using this Site, you agree to indemnify, hold harmless and defend BLOODOAK.COM and blood oak, Inc. (collectively, BLOODOAK.COM and blood oak, Inc. are referred to as "blood oak") and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. blood oak reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Intellectual Property Rights
Unless otherwise noted, all text and images contained on this Site are the property of BLOODOAK.COM or blood oak, Inc. and/or their respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "BLOODOAK.COM" is a registered trademark of BLOODOAK.COM. Any other product names are trademarks or registered trademarks of their respective owners.
Our graphics, logos, page headers, button icons, scripts, service names, and other components of our Web site and related materials are trademarks or trade dress of blood oak. blood oak' trademarks or trade dress may not be used in connection with any product or service that is not blood oak', in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits blood oak.
blood oak relies upon a network of independent vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. blood oak is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on the Site, by its vendors.
Accuracy of Content; Future Modifications to Web Site; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Prohibited Conduct
You agree to use this Site only for lawful purposes. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this Site or a blood oak employee; (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (6) misrepresent the identity of a user; (7) tamper with or obtain access to this Site or any component of this Site; (8) conduct fraudulent activities; or (9) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
We may disclose any content, electronic communication, evidence or potential evidence of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate blood oak; (iii) to protect the rights or property of blood oak, its affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce or apply these Terms of Use.
Fraud
BLOODOAK.COM actively reports and prosecutes actual and suspected credit card fraud.
We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our discretion. BLOODOAK.COM reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
BLOODOAK.COM captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any BLOODOAK.COM order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. blood oak will cooperate with authorities to prosecute offenders to the full extent of the law.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent, blood oak, Inc., 10 Milk Street, 10th Floor, Boston, MA 02108, 617-695-7300, copyrightagent@BLOODOAK.COM.
Disclaimer of Warranty
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, blood oak DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL blood oak OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE blood oak WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE blood oak WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF blood oak HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL blood oak' TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (U.S.$1.00).
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Privacy Issues
We are concerned about privacy matters for our customers. Please review our Privacy Policy, which also governs your visit to our Site.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Submission of Ideas, Comments and Questions
We welcome your feedback about our Site and its contents. However, any comments, ideas, notes, messages, suggestions or other communications (collectively, "Submissions") shall be and remain the exclusive property of BLOODOAK.COM. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO blood oak BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE SUBMISSION TO blood oak, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO blood oak THAT blood oak IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY blood oak, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
legal@Bloodoak.com
blood oak stands behind every "blood oak" product with our No-Hassle Return Policy. Please note, blood oak is the seller/retailer of all items offered on BLOODOAK.COM. All "blood oak" merchandise purchased at BLOODOAK.COM may only be returned to blood oak in accordance with our return policy.
Links to Third-Party Web Sites
This Site may contain links to non-BLOODOAK.COM web sites. These links are provided to you as a convenience, and you access them at your own risk. We are not responsible for the content of any linked web site or any bulletin board associated with us. Any outside web site accessed from our Site is independent from BLOODOAK.COM, and we have no control over the content of such web sites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party. Likewise, a link to any non-blood oak web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.
Termination of Use
The Company may, in its sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
Jurisdictional Issues
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforcement of Terms of Use
These Terms of Use and any dispute of any sort that might arise between you and blood oak or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Severability; Modifications
If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
We reserve the right to make changes to the Site and our policies and promotions at any time.
Users/Participants
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy.
blood oak' Affiliates
blood oak' affiliates are registered with us through our blood oak Affiliate Program. blood oak is not affiliated with Web sites or organizations that sell or advertise our products without a written agreement with us. blood oak reserves the right to void all service, return, and other policies for orders and blood oak products that were purchased through non-affiliated sellers. blood oak is not responsible for any representations by non-affiliated sellers.
Refund/Exchange Policy
We offer a 10 day Money Back Guarantee on almost every product we offer. Our products are guaranteed against defects at shipping. If you receive a product that is defective, please call customer service at 800-000-0000, in advance to obtain an RMA number (Return Merchandise Authorization) within 10 days of Shipping date.
Pieces that show wear or abuse are excluded from this policy.
Return merchandise with RMA number to:
blood oak LLC Returns
10213 139 th St. Ct.
b-3
Puyallup, WA 98374
Shipping Costs
Customer assumes all costs in shipping to us, and we assume the cost in shipping back to the customer. The cost of such a shipping upgrade is to be paid by the customer prior to shipment.
Entire Agreement
These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Order Cancellation Policy
Please submit any cancellation via email to CancelOrder@bloodoak.com, or call on our business phone at 800-000-0000.
Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.
Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email or phone), and your order was shipped out after, we will gladly refund the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped, we will refund the merchandise total less shipping.
For Additional Information
If you have any questions about these Terms of Use, please contact legal@bloodoak.com.
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Terms of use | Privacy Policy |