Terms and Conditions
Agreement between User and otbcyclery.com
Welcome to otbcyclery.com. The otbcyclery.com website (the "Site") is comprised of various web pages operated by OTB Cyclery ("OTB"). otbcyclery.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of otbcyclery.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
otbcyclery.com is an E-Commerce Site.
ecommerce, information
Privacy
Your use of otbcyclery.com is subject to OTB's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of
our data collection practices.
Electronic Communications
Visiting otbcyclery.com or sending emails to OTB constitutes electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
OTB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may
use otbcyclery.com only with permission of a parent or guardian.
Cancellation/Refund Policy
RETURNS & EXCHANGES:
How do I return an item?
OTB Cyclery’s Online Store Return Policy
OTB guarantees all merchandise we sell to be free of manufacturing defects and will accept any defective item for refund or exchange. Unwashed, unworn, unused or defective merchandise may be returned within 14 days after purchase for an exchange or refund. Merchandise received after
14 days can be returned for only exchange or online store credit. Merchandise received after 30 days will only be accepted at our discretion for
either exchange or store credit.
Please note: All products must be returned in their ORIGINAL condition, with tags still attached.
We will only refund shipping charges if we are responsible for sending the wrong item or the item sent was defective. If you are making an
exchange because you would like a different size, style or color, you will be charged for shipping on your exchange. The value is determined by
the last retail price of the item. Please use the most economical shipping method for your return. Due to security constraints, we
cannot reimburse you for an amount greater than your purchase amount.
To return or exchange a product please send it back to the shop along with a copy of your receipt and instructions for what is being exchanged or returned.
Note: All products must be returned in their ORIGINAL condition, with tags still attached.
OTB will refund shipping charges if we are responsible for a shipping error or defective item. We're sorry, but size exchanges will not have the
return shipping reimbursed, and you will be charged to re-ship the correct item.
Note: We do not accept returns on products that were not purchased via this website.
Returns & Exchanges mailing address:
OTB Cyclery
720 Elm Avenue
Waco, TX 76704
* Important Note: We reserve the final approval on all Returns and Exchanges.
Links to Third Party Sites/Third Party Services
otbcyclery.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of OTB and OTB is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
OTB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OTB of the site or any association with its operators.
Certain services made available via otbcyclery.com are delivered by third party sites and organizations. By using any product, service or
functionality originating from the otbcyclery.com domain, you hereby acknowledge and consent that OTB may share such information and data
with any third party with whom OTB has a contractual relationship to provide the requested product, service or functionality on behalf of otbcyclery.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use otbcyclery.com strictly in accordance with these terms of
use. As a condition of your use of the Site, you warrant to OTB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OTB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
OTB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use,
and will make no other use of the content without the express written permission of OTB and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of OTB or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by OTB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OTB Content accessed through otbcyclery.com
in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless OTB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. OTB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OTB in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising
as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OTB agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OTB CYCLERY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. OTB CYCLERY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OTB CYCLERY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTB CYCLERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OTB CYCLERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
OTB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the
exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OTB as a result of this agreement or use of the Site. OTB's performance
of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OTB's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OTB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OTB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OTB with
respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
OTB reserves the right, in its sole discretion, to change the Terms under which otbcyclery.com is offered. The most current version of the Terms
will supersede all previous versions. OTB encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
OTB welcomes your questions or comments regarding the Terms:
OTB Cyclery
720 Elm Avenue
Waco, Texas 76704
Email Address: otbcyclery@gmail.com
Telephone number:
Effective as of October 15, 2020