TERMS OF SERVICE

This website is operated by Owie Wear LLC, d/b/a Owie Wear (“Owie Wear”).  Owie Wear offers this website, including all information and services available from this website to you, conditioned upon your agreement to accept all terms, conditions, policies and notices provided herein.

 These Terms of Service apply to your use of this website whether accessed via computer, mobile device or any other technology.  Your access to and use of this website (or any part thereof) is subject to these Terms of Service and all applicable laws.   By visiting this website and/or purchasing a product from Owie Wear, you are thereby engaging in our service (“Service”) and agree to be bound by the following terms and conditions.  These Terms of Service apply to all users of this website and are a legally binding agreement between the user and Owie Wear.  Do not use this website if you do not agree with any of these Terms of Service.  These Terms of Service further provide actions we may take, within our sole discretion, for any use that we deem unacceptable or not within compliance of these Terms of Service.

Owie Wear may, from time to time, amend or revise these Terms of Service.  Your continued use of this website, following any such amendment or revision, constitutes your acceptance thereof.  Further, any new features or tools added to this website at any time shall also be subject to these Terms of Service.  You can access and review the most up-to-date version of these Terms of Service at any time on this page.  We reserve the right to update, change or replace any of these Terms of Service by posting changes and/or updates on this page.  It is the user’s responsibility to check this page periodically for changes to the Terms of Service. 

Online Store Terms

 Our store is hosted on Square Space.  They provide us with an online e-commerce platform that allows Owie Wear to sell products and services to you.

 You must be at least 18 years old to purchase products from our website.  By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

 You are prohibited from using our products for any illegal or unauthorized purpose.  You further may not use this website or our Service to violate any laws in your jurisdiction, including but not limited to copyright laws.

 A violation or breach of any one of these Terms provided herein will result in an immediate termination of your right to use this website or our Services.

Rights, Responsibilities and General Conditions

 We reserve the right to refuse service to anyone for any reason and at any time.  By using this website, you acknowledge and understand your information and content, with the exception of credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks and devices.  No credit card information will be transferred unencrypted over any network.

 You agree not to duplicate, reproduce, sell or exploit the Service (in whole or in part), use of the Service, or access to the Service without express written permission from us.

 The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms of Service.

Accuracy, Completeness and Timeliness of Information

 We are not responsible if information made available on this website (whether provided by us, you or any other person) is not accurate, complete or current. The information and material on this website is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. 
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to our website.

Modifications to Services and Prices

 Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

 For any of our products or services that may be available exclusively online through the website, such products or services may have limited quantities and are subject to return or exchange only according to our return policy.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time and without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases you make of our products or services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Return Policy

 We only offer returns on unused, unworn products in their original packaging and in the condition they were received or they may not be eligible for return. To initiate the return contact Hello@owiewear.com with your order number and return reason.

We offer exchanges on unused, unworn products in their original packaging and in the condition they were received or they may not be eligible for return. To initiate the exchange contact Hello@owiewear.com with your order number and product exchange reason.

We perform quality checks before every order is shipped, but if your item arrives damaged or defective please contact Hello@owiewear.com with the order number and clear images of the damage to be assisted.  Holes that may come from pulling off the packaging will not qualify as a damaged goods as we clearly state to remove with scissors upon arrival.

Optional Tools

 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms upon which such tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

 Certain content, products and services available via our Service may include materials from third-parties.  Third-party links may be provided on this website for convenience only and these third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Submissions and Comments

 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, at any time and without notice, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.  We assume no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Health Related Information

Information accessible on this website is for informational purposes only.  Any health related information that may be posted is not intended to be a substitute for professional medical advice.  Owie Wear does not endorse or warrant the validity of any health related statements found on this website or on any third-party websites referenced or linked on this website.  The information provided on this website is general in nature and is not necessarily applicable to all persons.

Intellectual Property

The materials available through this website are the property of Owie Wear and are protected by copyright, trademark and other intellectual property laws. The trademarks and service marks that appear on this website are the exclusive property of Owie Wear and no use or other rights are granted with respect to these trademarks without the express, written approval Owie Wear. Additionally, logos, trademarks and service marks of third parties may also appear on this website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the respective trademark/service mark owner. You may view, copy and print pages from the website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with Owie Wear about a company product or service; or (4) for placing an order with Owie Wear. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the website without the prior written approval of Owie Wear.

Copyright Infringement Claims

Owie Wear respects the intellectual property rights of copyright owners.  If you are a copyright owner or agent of a copyright owner and believe your copyright has been infringed, your notice of infringement must be provided to our Copyright Agent and include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, including: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (2) a description of the copyrighted work(s) that you claim have been infringed and identification of the material in such work(s) that you claim to be infringing, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) identification of the material (sufficient to enable us to locate it) that you claim is infringing and that you want us to remove or disable access to; (4) information reasonably sufficient to permit us to contact you, such as your physical address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the use of the material identified in your notice is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

The Copyright Agent for Owie Wear may be reached as follows:

Dutro E. Campbell II

Stock Legal, LLC

4512 West Pine Blvd.

St. Louis, MO 63108

Bruce.campbell@stocklegal.com

Disclaimer of Warranties and Limitation of Liability

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE. YOUR ACCESS OF CONTENT OR INFORMATION FROM THIS WEBSITE IS UNDERTAKEN AT YOUR OWN RISK. FURTHERMORE, OWIE WEAR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. OWIE WEAR DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without any notice to you.  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Owie Wear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Owie Wear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Missouri, USA.

Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at Hello@owiewear.com