terms and conditions

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.

OBS seeks to operate its business in a collaborative and hospitable way to its customers. Nearly all disputes can and should be resolved informally (e.g. you calling OBS's customer service and discussing your concern).

In some cases, however, a third party may be necessary to help resolve such disputes. This section of these Terms (the “Arbitration Agreement”) strictly limits both you and us to resolving all disputes through individual arbitration or small claims court only. This Arbitration Agreement constitutes a separate agreement between you and OBS which shall be interpreted and enforced without reference to any other provision of the Terms.

You and OBS agree that all disputes WHICH cannot BE resolveD informally MUST be resolved THROUGH binding INDIVIDUAL arbitration or in small claims court ONLY, AND YOU AND OBS WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.

All Disputes Covered. The term "Disputes" is defined broadly to include all claims and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation.

All Persons and Entities Covered. This Arbitration Agreement extends to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of you or OBS, including those on whose behalf you visit the Sites and all affiliated companies of OBS (including, but not limited to, parents, subsidiaries, and sibling corporations). In addition, this Arbitration Agreement is binding on you and OBS, as well as our respective heirs, successors, agents, and assigns, and all corporations related in any way to OBS. If a Dispute involves parties who are not subject to this Arbitration Agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.

Governing Law.  This Arbitration Agreement is governed solely by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq. You and OBS agree that this Arbitration Agreement involves interstate commerce for purposes of the FAA. State laws relating in any way to arbitration, including, but not limited to, the payment of arbitration fees and costs, shall not apply.

The Informal Settlement Process. Before initiating an arbitration or small claims court case, we must first participate in the informal dispute resolution process as follows:

1. To start the informal settlement process, the party initiating any Dispute (the “Claimant”) must send a signed, written statement (a “Claim Statement”) to the other party (the “Respondent”). The Claim Statement must include the Claimant’s full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent’s request. Claim Statements must be sent to OBS either by certified mail or by email to these addresses: Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761 data@everythingbutwater.com.
2. If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant’s attorney must 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 Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified Claim Statement will be admissible in any arbitration or court proceeding related to the Dispute.
3. Once a Claim Statement that meets the requirements of the Arbitration Agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitation for the 60-day period starting from the date the Respondent receives a proper Claim Statement.
4. Failure to complete in good faith the informal settlement process is a material breach of this Arbitration Agreement. Any arbitration or small claims court action filed under this Arbitration Agreement must state that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute where the requirements of the informal settlement process have not been satisfied.
5. At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (i) binding individual arbitration (as provided for below), or (ii) small claims court, if the requirements of small claims court are satisfied.

No Class Actions.  TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES, BELOW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE. This means: (a) neither you nor we can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator’s decision or award will apply only to that specific claimant's Dispute. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party’s right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.

Fees and Costs.  You and we are responsible for our own costs and attorneys’ fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules applicable to the Dispute. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party.

Changes. If OBS changes this Arbitration Agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes. The notice must include your full name, e-mail address, and mailing address, and clearly state that you reject the Arbitration Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the Arbitration Agreement that was in effect when you last agreed to the Terms. Send your notice by certified mail or email to: Orlando Bathing Suit, LLC d/b/a Everything But Water 1711 Amazing Way, Unit 105 Ocoee, FL 34761 data@everythingbutwater.com.

Improperly Commenced Arbitration. If either party believes the other party has started or is about to start an arbitration in violation of this Arbitration Agreement (including the Mass Arbitration Rules set forth below), you and OBS agree that such party can request a court order to stop the arbitration and that any arbitration subject to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys’ fees related to such a proceeding upon a finding that an arbitration was commenced in knowing violation of the Arbitration Agreement.

Survival. The Arbitration Agreement will survive and remain in effect even after your relationship with OBS has ended and despite any action seeking to terminate any agreement between you and OBS.

Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of the Arbitration Agreement is found to be unenforceable, its remaining provisions will still apply to the fullest extent allowed by law.

ARBITRATION RULES AND REQUIREMENTS

General Rules. In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief as a court could. The arbitrator must interpret and apply the Terms and this Arbitration Agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and OBS and shall not be binding in any other Disputes in which you are not a party.

Any court with proper authority and jurisdiction can enforce this Arbitration Agreement, including any matters related to Mass Arbitration, as defined below. The court may also prevent the filing or continuation of any arbitration, or the imposition of fees and costs associated with any arbitration, if such a filing or the imposition of fees or costs does not comply with the requirements of the Arbitration Agreement.

Unless stated otherwise in this Arbitration Agreement, if you and we disagree about whether a Dispute must be arbitrated, the scope of the arbitrator’s authority, or the enforceability of any specific terms of the Arbitration Agreement, the arbitrator is delegated sole authority to resolve such disputes.

However, if you or we argue that this Arbitration Agreement is not for any reason an enforceable contract, only a court with proper authority can decide that matter, and any pending arbitration shall be stayed until a final decision on the matter by a court in which such a claim is asserted until after the exhaustion of any appeals and petitions for certiorari. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly commenced arbitration as elsewhere provided in this Arbitration Agreement.

In any arbitration between you and OBS, the Respondent may choose to make a written settlement offer at any time after the initiation of arbitration but is under no obligation to do so. The settlement offer amount or terms will not be revealed to the arbitrator until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent’s arbitration fees and costs incurred after the offer to the fullest extent permitted by law.

The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual arbitration rules do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules set forth below.

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 Arbitration Agreement (including as a result of any aspect of this Arbitration Agreement which does not meet with their approval), or otherwise finds that it cannot arbitrate a Dispute, you and we will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement.

Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass Arbitration Rules, below) shall be before a single neutral arbitrator of the AAA. Arbitrations involving consumers will be governed by this Arbitration Agreement and the AAA Consumer Arbitration Rules (the “Consumer Rules”) and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this Arbitration Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, the Terms will control.

For consumer arbitrations where claims or counterclaims are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either of the parties), and may allow a hearing 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 reasonable compared to the Dispute amount. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in another arbitration.

To begin an arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including the amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website. Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand, which certification shall be included with any arbitration demand under this Arbitration Agreement. This certification will be admissible in any arbitration or court proceeding related to the Dispute, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11.

Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to OBS intention to file demands for arbitration against OBS raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitration Rules shall apply to the exclusion of any other rules applying to mass arbitrations published by any arbitration organization, including the AAA. Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the absence of such a court determination except by agreement of the parties.

Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for each Claimant. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents the Mass Arbitration Claimants in connection with the Disputes raised during the informal settlement process.

If the informal settlement process fails for any Mass Arbitration Claimants, counsel for the parties will each select up to five (5) Mass Arbitration Claimants (totaling no more than ten (10) and with an equal number selected by each counsel for the Mass Arbitration Claimants and counsel for us) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations can begin.

Each bellwether arbitration must be completed within 120 days unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described below.

After the bellwether cases are resolved, the parties’ counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by the AAA under its current Mediation Procedures unless both sides agree to a different mediator or mediation process.

To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and the completion of the mediation described below.

Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules and will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.

If any aspect of these Mass Arbitration Rules is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), all unresolved Disputes between the Mass Arbitration Claimants and OBS shall be resolved in the courts of the State of Vermont. OBS shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and who have unresolved Disputes.

If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this Arbitration Agreement or any other part of the Terms.

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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:

• violate any law or regulation;
• violate, infringe or misappropriate other people's intellectual property, privacy, publicity or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from the Website;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
• stalk, harass or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Website;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Website; or
• advocate, encourage or assist any third party in doing any of the foregoing; or
• engage in any other behavior that OBS believes in its sole discretion is unprofessional or against community norms.

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 customerservice@everythingbutwater.com.

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.