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Welcome to everythingbutwater.com ("Website"). We are part of Orlando Bathing Suit, LLC ("OBS").
Please take a few minutes to review these Terms and Conditions ("Terms") and our Privacy Policy.. These Terms and Conditions and Privacy Policy. apply to your access and use of the Website whether accessed on a computer, mobile, or other electronic device, and to your purchase of products from us. OBS provides the Website, its constituent webpages, and related websites (together, the “Sites”), and sells products to consumers, on the condition that you first agree to these Terms and Conditions (“Terms”), which are final. By using the Sites, purchasing products from us, and/or registering with us, you represent and warrant that you are of legal age to form a binding contract with OBS and meet all of the eligibility requirements in these Terms, and you agree to be bound fully by the provisions below, without change, as are published at such time. To be enforceable, modifications to these Terms must be published by us on the Website. Please see Section 26, below, for the effective date of these Terms.
By agreeing to these Terms, you acknowledge that your use of the Sites may result in information about you and your browsing activity being sent to third parties that provide marketing and other services to us, and that you consent to such data-sharing activities unless you advise us otherwise. You can learn more about our information collection and usage practices, and the information shared with third parties, by reading our Privacy Policy.
We reserve the right to modify these Terms at any time. We will communicate material changes to these Terms by making the revised Terms available for review on the Website and also, in our sole discretion, through such other means as we may deem appropriate. The modified Terms will become effective on the date and time they are posted to the Website, which date is set forth in Section 26, below. Continuing to use the Website after any revised Terms come into effect means you agree to be bound to the changes.
BY AGREEING TO THESE TERMS, YOU AND OBS AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND OBS SOLELY THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT AND WAIVE ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTIONS AND WAIVE THE RIGHT TO HAVE ANY DISPUTE DECIDED BY A JURY.
We recommend you print out a copy of these Terms for your records. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms.
Please read our Privacy Policy which is incorporated into these Terms and governs your use of the Sites. By visiting our Sites or purchasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law.
On occasion, a third party may be necessary to help resolve Disputes that may arise between you and Orlando Bathing Suit, LLC. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and Orlando Bathing Suit to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.
FOR ALL DISPUTES REQUIRED TO BE ARBITRATED UNDER THIS DISPUTE RESOLUTION AGREEMENT, YOU AND ORLANDO BATHING SUIT, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.
“Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.
The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.
(1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or Orlando Bathing Suit, or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to Orlando Bathing Suit (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.
(2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.
(3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of the dispute resolution agreement” or similar words by email to [email protected], or in writing via certified mail, return receipt requested to Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761, within thirty (30) days after you first agree to the Terms & Conditions. Opting out has no effect on any other dispute resolution agreements that you may currently have or may enter in the future with us, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out prevent you from later agreeing to a dispute resolution agreement with us.
(4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and we must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:
a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s name, mailing address, email address, and a concise description of the Dispute, including any monetary demand. Claim Statements submitted by you must be sent by email [email protected], or in writing via certified mail, return receipt requested to Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761.
b. If the Claimant is represented by an attorney, the Claimant’s attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with all obligations to conduct a reasonable investigation into the factual and legal basis of any claim and to represent that any claim asserted has a legal and factual basis under the standard that applies to representations to the court under Rule 11(b) of the Federal Rules of Civil Procedure (or any successor provision in the event of an amendment to that rule) (a “Rule 11 Certification”).
c. Once a properly completed Claim Statement and any applicable Rule 11 Certification is received, the Claimant and Respondent shall for a period of sixty (60) days seek to resolve the Dispute amicably. Any applicable statutes of limitations for the Dispute will be stayed during this period.
d. Failure to complete in good faith the Informal Settlement Process as to any Arbitrable Disputes is a material breach of this agreement. No arbitration may be filed nor any arbitrator appointed or arbitration fees imposed on the Respondent until this process has been completed. If an arbitration is commenced in violation of this requirement, the Claimant shall pay all fees or costs of arbitration imposed on Respondent.
(5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and we agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.
(6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to [email protected], or in writing via certified mail, return receipt requested to Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761. The notice must include your full name, email address, and mailing address, and state specifically that you reject the Dispute Resolution Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting Dispute Resolution Agreement changes preclude you from later agreeing to those changes.
(7) Improperly Commenced Arbitration. If either you or we believe the other party has started or intends to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.
(8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Orlando Bathing Suit has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.
(9) Delegation. Disputes concerning whether you and we have entered a valid and binding agreement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including all appeals) is fully and finally concluded. All other issues in Arbitrable Disputes shall be resolved by an arbitrator.
(10) Offer of Settlement. In any Arbitrable Dispute between you and Orlando Bathing Suit, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to the fullest extent allowed by law.
(11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it, the parties shall use their best efforts to find and agree upon a substitute arbitration organization guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly. Should the parties fail to agree on a substitute for the AAA, the parties shall ask a court of competent jurisdiction to appoint a substitute arbitration organization to conduct the individual arbitration in conformity with all applicable requirements of this Dispute Resolution Agreement including the arbitrator selection criteria set out in this paragraph.
The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually by a Claimant (an “Individual Arbitration”) or as part of a larger group of associated claims (a “Mass Arbitration,” defined below).
(1) Individual Arbitration All Individual Arbitrations shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules: (https://www.adr.org/commercial). If there is a conflict or inconsistency between this Dispute Resolution Agreement and any applicable AAA rules and protocol, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including costs and fees incurred in collection. In any Consumer Arbitration, the prevailing party shall be able to recover attorneys’ fees where and as expressly allowed by applicable law.
a. For consumer arbitrations where Disputes (including counterclaims) are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-36 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (strictly limited in nature and proportionate in scope and cost to the Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow for a hearing if the arbitrator, in their discretion, deems it necessary, which shall be by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is proportionate to the Dispute amount.
b. An arbitration before the AAA can be requested by mail or online through the AAA’s website (https://www.adr.org/Support). A copy of the arbitration demand shall be emailed [email protected], or in writing via certified mail, return receipt requested to Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761. Upon request by either you or us, any attorney representing a party demanding arbitration shall provide to the Respondent and the AAA a Rule 11 Certification.
(2) Mass Arbitration If 20 or more Claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any mass arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or difference between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.
a. Enhanced Settlement Process Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as enhanced here to reflect the seriousness, scope, and impact of a Mass Arbitration and offer you and us additional tools to increase the odds of reaching an amicable settlement (the “Enhanced Settlement Process”). Full compliance with the Enhanced Settlement Process is a mandatory condition precedent to Mass Arbitration Claimants arbitrating or litigating their Disputes. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation will be stayed for all Mass Arbitration Claimants during the Enhanced Settlement Process and until its mandatory mediation component (described below) is completed.
i. To initiate the Enhanced Settlement Process, the Mass Claimants shall individually or collectively submit to us a Claim Statement fully compliant with the requirements of the Informal Settlement Process described in Paragraph A(4), above, including the Rule 11 Certification requirement. Lawyers representing the Mass Arbitration Claimants shall provide a certification, under oath, they have authority to arbitrate, mediate, and settle the Disputes raised by each of the Mass Arbitration Claimants. You and we shall then engage in a good faith effort to settle the underlying Disputes for a period of sixty (60) days.
ii. If any Disputes remain upon the completion of the foregoing settlement discussions, the Mass Arbitration Claimants and we will then each select not more than two (2) non-settling Mass Arbitration Claimants for up to four (4) initial arbitrations (the “Initial Arbitrations”) intended to inform and benefit a mediated settlement discussion described below. Each Initial Arbitration will be decided under the Individual Arbitration Rules, above, with each assigned to a different arbitrator. The Initial Arbitrations must be conducted, and final, reasoned decisions issued, within one hundred twenty (120) days of their commencement.
iii. Promptly upon the issuance of reasoned decisions in all of the Initial Arbitrations, the parties’ counsel shall participate in good faith mediation for a period of sixty (60) days seeking in good faith to resolve all remaining Disputes of the Mass Arbitration Claimants (the “Mandatory Mediation”) with JAMS (https://www.jamsadr.com/). Except for the Initial Arbitrations, no arbitrations will be commenced by the Mass Arbitration Claimants until after the completion of both the Initial Arbitrations and the mandatory mediation that follows.
b. Arbitration of Unresolved Disputes Any Mass Arbitration Claimants whose Disputes remains unresolved at the conclusion of the mandatory Enhanced Settlement Process (the “Unresolved Disputes”) shall pursue their Disputes in small claims court (if eligible) or as individual arbitrations with FairClaims, Inc. (“FairClaims”) (https://www.fairclaims.com). Reasoned decisions from the Initial Arbitrations can be presented in small claims court and arbitration for their persuasive value but shall not be binding. Discovery obtained in the Initial Arbitrations may also be used in connection with such proceedings. If FairClaims is unavailable or unable to hear the Unresolved Disputes, the parties shall use their best efforts to find and agree upon a substitute arbitration organization to provide individual arbitration of the Unresolved Disputes, guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly.
c. Challenges to the Mass Arbitration Rules. Any challenge to these Mass Arbitration Rules, or any component of them, shall be resolved exclusively by a court of competent jurisdiction, not by any arbitrator. During such court proceedings, any pending arbitrations shall be fully stayed, no arbitration fees and costs imposed or paid, and no further arbitrations filed until such court action (including all appeals) is fully and finally concluded. Any ruling that the Mass Arbitration Rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of the Terms, including the Dispute Resolution Agreement. You and we agree that the Enhanced Settlement Process shall be mandatory for all Mass Arbitration Claimants and us as a condition precedent to arbitrating or adjudicating the disputes of the Mass Arbitration Claimants even if a court finds Paragraph 2(b) (Arbitration of Unresolved Disputes) to be void or unenforceable, in whole or in part, for any reason.
d. Mandatory Nature of the Mass Arbitration Rules. If Paragraph 2(b) (Arbitration of Unresolved Disputes) is determined to be void or unenforceable for any reason in a court action that is fully and finally concluded, or if the parties are unable in good faith to select a substitute arbitration organization for FairClaims as provided for under Paragraph 2(b), above, any Unresolved Disputes shall be heard and resolved in the state and federal courts of the State of Florida and not through arbitration. If any court action permitted under this provision is pursued as a class action, the class shall be limited to the Mass Arbitration Claimants.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Website, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
You must be at least eighteen (18) years old to use the Website. If you are under the age of eighteen (18), your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian.
Our shipping and processing charges are intended to compensate us for the estimated cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to click on this link to review detailed information about our shipping and processing fees. By paying for your order, you agree that all shipping and processing fees are reasonable, authorized, and non-refundable.
You are responsible for maintaining the security of your Website account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your account. You also agree that we are not responsible for any unauthorized use of your account or unauthorized payment methods. You agree to not share your login information with anyone. We will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact us. You further agree to promptly notify us of any security breach relating to your account. We encourage all Website users to proactively take steps to enhance their personal security measures. These measures may include using "strong" passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
You agree that all information you provide through the Site or otherwise to us is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to promptly notify us without delay, but in no event more than five (5) business days, of a change in any information you provided us. You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Website or otherwise to us. You further warrant that to the extent you provided personal data about a third party through the Website or otherwise to us, you provided that third party with notice about the Website's Terms and Conditions and Privacy Policy.
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website or posted social media platforms associated with OBS shall be and remain the exclusive property of OBS. Your submission of any such Comments shall constitute an assignment to OBS of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. OBS will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. We also reserve the right to delete or remove any obscene, abusive, or other objectionable, inaccurate or misleading materials posted to our Website and to our social media properties.
You are responsible for your use of the Website and for any use of the Website made using your account. Our goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:
If you violate these Terms, OBS may take remedial action against you, including but not limited to suspending your account, terminating your ability to transact business with OBS and/or visit the Website, and pursuing all other remedies available under the law.
We grant you a limited, non-exclusive, non0sub-0licensable, non-0transferable, revocable license to access and use the Website for lawful purposes in accordance with these Terms and our Privacy Policy. You agree that we hold all right, title and interest to the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without express written permission from us. All content including but not limited to text, graphics, downloads and software included on this site is the property of OBS or its licensors and is protected by United States and international copyright laws. You also grant OBS a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services. OBS respects the intellectual property rights of others, and we prohibit users of our Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us at [email protected].
Our Website may contain hyperlinks to outside services and resources. OBS does not control the availability or content of these services. When you click on any such links, you do so at your own risk. You hereby agree to hold OBS harmless and that your sole recourse related to these third-party services is solely with such third-party services.
The prices displayed on our Website may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are visiting one of our non-U.S. sites, prices will generally be displayed in local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.
Occasionally we will offer special promotions to our customers that we refer to as "special offer(s)". This can include a gift with purchase, free shipping or other promotional activity associated with a product purchase. These offers may be for a limited time only and are provided at our sole discretion. All special offers may be discontinued by OBS at any time and without notice. All special offers are subject to applicable law and void where prohibited.
OBS is based in the United States and provides its Website for use to persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
From time to time, there may be information on our Website or in our catalog that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. OBS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time (including after you have submitted your order). In rare situations, product pricing may be incorrect and we reserve the right to modify or cancel orders that were placed with incorrect pricing. Should there be incorrect pricing on a product you have ordered, we may attempt to contact you and provide you with the option of affirming the order with the modified/corrected pricing. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless OBS and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account or liability that you cause us related to your use of the Website, its services, or goods purchased from the Website. We may elect legal counsel of our choosing. If we assume the defense of such a matter, which you agree is our right, you will reasonably and promptly cooperate with us in such defense.
THIS WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, YOU ACKNOWLEDGE AND AGREE THAT YOU USE THIS WEBSITE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT OBS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
OBS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. YOU AGREE TO HOLD HARMLESS OBS AND ITS AFFILIATES AND THAT THEY WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
IN NO EVENT WILL OBS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY THAT OBS SHALL HAVE TO YOU, REGARDLESS OF LEGAL THEORY, SHALL BE THE NET AMOUNT YOU HAVE ACTUALLY PAID OBS OVER THE PRIOR SIX (6) MONTHS PRIOR TO YOUR CLAIM, OR $100, WHICHEVER IS LESS. ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OBS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE CLAIM, OTHERWISE SHALL FOREVER BE BARRED. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and OBS regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. The Terms may not be amended, nor any obligation waived, without our written consent. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
By making a purchase from OBS, you confirm that you have the legal right and capacity to enter into an agreement to these Terms for yourself and on behalf of anyone you act for or on behalf of when using any of the Sites or making a purchase. By using the Sites, you also confirm that you are of legal age to agree to these Terms, or, if not, that you have received consent from a parent or guardian, who agrees to these Terms on your behalf.
OBS shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action or other causes beyond our commercially reasonable ability to control.
Except with regard to the Arbitration Agreement and all matters related in any way to arbitration and dispute resolution, which are governed exclusively by the FAA, these Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles. Except where otherwise expressly provided, all lawsuits arising out of or related to the Terms shall be filed in the state or federal courts located in Orange County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity or by operation of law.
The effective date of this version of the Terms is [04/28/2025]. These Terms apply to all uses, purchases, or registrations occurring after that date. Updates to these Terms shall not apply retroactively. If any part of these Terms is found to be unenforceable for any reason, it shall be removed, and the remaining Terms shall be fully enforceable.