Local Pick up or Shipping Available on all items
Local Pick up or Shipping Available on all items
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Thank you for shopping at Ozarks 313!
We offer refund and/or exchange within the first 30 days of your purchase for any item not customized. If 30 days have passed since your purchase, you will not be offered a refund and/or exchange of any kind. Your item must be unused and in the same condition that you received it.
INTRODUCTION
Ozarks 313 (“Company”, “us”, “our”, or “we”) respects your privacy and is committed to protecting it through this privacy policy (“Privacy Policy”).
This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Company’s website at ozarks313.com and all other websites, mobile sites, applications, platforms and tools where this Privacy Policy appears or is linked, and through the use of our services (our “Website”). It also describes our practices for collecting, using, maintaining, protecting and disclosing that information and the choices available to you regarding our use of your information and how you can access and update this information.
This Privacy Policy applies to any and all information we collect:
It does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU MAY NOT USE OUR WEBSITE. BY ACCESSING OR USING THIS WEBSITE, CREATING AN ACCOUNT, PROVIDING INFORMATION TO USE (BY ANY MEANS, WHETHER IN CORRESPONDENCE VIA OUR WEBSITE, OR OTHERWISE), OR USING OUR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THIS WEBSITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE PRIVACY POLICY PERIODICALLY FOR UPDATES.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we may have any information from or about a child under 13, please see our “Contact Information” Section below. Please visit the FTC's website at www.ftc.gov for tips on protecting children's privacy online.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”):
We collect this information:
INFORMATION YOU PROVIDE TO US
The information we collect on or through our Website may include:
USAGE DETAILS, IP ADDRESSES, COOKIES, AND OTHER TECHNOLOGIES
As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
The technologies we use for this automatic data collection may include:
There are a number of different types of cookies, however, our Website uses:
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
THIRD-PARTY ADVERTISER USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
Some advertisements on the Website are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this Website and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly. To learn more about online behavioral advertising or to opt-out of this type of advertising, please click on the following link: www.networkadvertising.org.
Do Not Track
We do not track users across the web and therefore do not respond to web browser “do not track” signals.
Except as otherwise stated in this Privacy Policy, we do not authorize third parties to collect personal information from your visit of the Website for third party use without your consent.
HOW AND WHY WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
We may also anonymize, aggregate or de-identify personal information so the end-product does not identify you or any other individual. For example, we may use this information to generate norms by industry, geography, level, etc., enable us to understand where our services are being utilized, conduct ongoing validation studies, compile reports, and improve the services. Such aggregated, anonymized or de-identified information is not considered personal information for purposes of this Privacy Policy and we may use it for any purpose.
PROMOTIONAL COMMUNICATIONS.
We may also use your information to contact you (by email, text message, telephone or post) about our own and third-parties' goods and services that may be of interest to you. We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
If you do not want us to use your information in this way, you have the right to opt out by:
We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside Company for marketing purposes. However, we may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT
We will keep your personal information while you have an account with us or while we are providing products and/or services to you, unless you request we delete it. Thereafter, we will keep your personal information for as long as is necessary:
WHERE YOUR PERSONAL INFORMATION IS HELD
Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Disclosure of Your Information”).
Some of these third parties may be based outside the country where we originally collected your personal information. For more information, including on how we safeguard your personal information when this occurs, see below: “International Transfers of Personal Information”.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
To bring you our Website, we operate globally. Therefore, it is sometimes necessary for us to share your personal information outside the country where we originally collected your personal information, e.g.:
These transfers may be subject to special rules under local data protection law.
These outside do not have the same data protection laws as the country where we originally collected the personal information. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. If you are located outside the United States, we will only transfer your personal information if:
Our Company is headquartered in the United States and utilizes service providers both in the United States and throughout the world. As such, our Company and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
Where the laws of your country allow you to do so, by using the Website or our services, you consent and authorize our Company to transfer, store, and use all such information in the United States of America and any other country where we operate which may not offer an equivalent level of protection to that required in the country where you reside and to the processing of that information by us on its servers located in the United States of America as described in this Privacy Policy. If you do not want your personal information transferred to the United States of America and any other country where we operate, please do not submit any information to us or use our services.
If you would like further information, please contact us (see “Contact Information” below).
THIRD PARTY WEBSITES
If, in your interactions with the Website, you are linked or directed to, or click on, a third party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third party website, content that may be offered on such third party website, or of any products or services provided by such third party. We do not control, nor are we responsible for, such third party website, product or service offerings. As such, we urge that you exercise caution before providing them with your personal information and to review the third party’s privacy policy for information on its data processing practice.
You should contact the site administrator for such third party website if you have any complaints, claims, concerns or questions regarding such third party website or its privacy practices.
YOUR RIGHTS UNDER THE GDPR
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws, which may or may not be granted based on the circumstances, but only in compliance with applicable law. These rights may include the following:
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an e-mail at sales@ozarks313.com to request access to, correct or delete any personal information that you have provided to us. If you choose to contact us directly by email, you will need to provide us with:
There may be exceptions that apply to your request. We may not be able to delete your personal information except by deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.
HOW TO FILE A GDPR COMPLAINT
We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have the right under the California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, to exercise free of charge the rights described below. A resident, as defined in the law, includes (1) every individual who is in the State of California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.
You have the right to know:
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.
You have the right to opt-out of the use and disclosure of your sensitive personal information for anything other than supplying requested goods or services.
You have the right to request correction of inaccurate personal information maintained by us about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not delete your personal information if it is necessary to:
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
Please note that we may charge a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to us by your personal information.
To exercise your rights under the CCPA please contact us at the using the Contact Information below. Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact us directly by email/phone/in writing, you will need to provide us with:
You may use a representative, called an "authorized agent," to submit a request to us. An authorized agent means a natural person, or a business entity registered with the California Secretary of State, that you have authorized to act on your behalf. In order to protect your privacy, Company requires you to confirm that you have provided the authorized agent permission to submit the request and you must provide the authorized agent with signed permission. "Signed" means that the written attestation, declaration, or permission has either been physically signed or provided electronically pursuant to the Uniform Electronic Transactions Act. An authorized agent that has power of attorney pursuant to California Probate Code section 4121 to 4130 must submit proof of statutory power of attorney, but consumer verification is not required. Company may deny a request from an authorized agent that does not submit proof that they have been authorized to act on your behalf. Requests submitted by an authorized agent will still require verification of the person who is the subject of the request in accordance with the process described above.
There may be exceptions that apply to your request.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
PERSONAL INFORMATION WE SOLD OR DISCLOSED FOR A BUSINESS PURPOSE
In the preceding 12 months, we have not sold to any third parties any category of personal information that may identify, relate to, describe, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
DATA SECURITY
We have implemented reasonable and appropriate physical, technical, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, access, loss, misuse, alteration, destruction, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted. We limit access to your personal information to those who have a genuine business need to access it.
Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also require that third party service providers acting on our behalf or with whom we share your information also provide appropriate security measures in accordance with industry standards. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website. The date this Privacy Policy was last revised is identified at the bottom of the page.
Revised June 2023
This website, which includes all primary and subdomains (collectively, the “Site”), is operated by Ozarks 313. Throughout the Site, the terms “we”, “us” and “our” refer to Ozarks 313. Ozarks 313 offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink at the bottom of our Site or anywhere else on our Site. These Terms of Service apply to all Site visitors, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 1 - TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are 18 years of age and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Service in a way that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or for any other unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including 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 or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information, including historical information from third parties or third-party websites. All such historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site, including any third-party information or linked websites. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices, designs, types, and any other aspects of 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.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products or ink/print colors that appear online. We cannot guarantee that the display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of products or Services on our Site 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 anytime 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 Site 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, or that any errors in the Service will be corrected.
SECTION 6 - CANCELLATIONS
You may cancel or modify your order with no penalty within 24 hours of placing your order. Orders placed through our 2-Day Rush Delivery service may not be changed or cancelled.
SECTION 7 - 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.
SECTION 8 - INTELLECTUAL PROPERTY RIGHTS
Ozarks 313 is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by us.
Trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by us from Institutions and other third parties (the "Licensed Marks"). By using the Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Ozarks 313 will use commercially reasonable efforts to notify you of such terms if your usage is in violation of such terms. Further, by using our Service, you grant to Ozarks 313 a limited, non-exclusive, non-transferrable license to any service marks, name, logo and other content you provide for the purpose of executing the Service.
Products created using images available on the Site should not be resold commercially. In the event that you wish to resell such products, you agree to contact us and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. We retain the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, we have the sole discretion to reject any order whose design is considered libelous, defamatory, obscene, profane (according to standards established by the FCC), portrays irresponsible use of alcohol or other substances, potentially advocates for or incites violence of any kind, advocates persecution based on gender, age, race, religion, sexual identity, disability or national origin, contains explicit sexual content or is otherwise inappropriate for our production.
You agree to not use our Site or Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party, and to use our Site and Service in accordance with our DMCA Policy.
Lastly, the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to Leon at sales@ozarks313.com.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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. For the avoidance of doubt, third-party tools include those used for payment processing and all other transactions made on the Site.
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 on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site 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.
SECTION 11 - THIRD-PARTY VENDORS
We provide limited retail fulfillment services to third-parties vendors (“Third-Party Vendor”), which may include warehousing, inventory management and other fulfillment services. To the extent that any such fulfillment services to Third-Party Vendors may fall under the Services, we disclaim any and all liability, including any express or implied warranties, whether oral or written, for products sold by Third-Party Vendors. In such instances, the other disclaimers of liability set forth in this Terms of Service shall remain in effect. You acknowledge that no representation has been made by us as to the fitness of the Third-Party Vendor products for your intended purpose and agree that any liability for losses, damage or any other claim arising from such Third-Party
Vendor products shall be between you and the Third-Party Vendor. Complaints, claims, concerns, or questions regarding products sold by Third-Party Vendors should be directed to the Third-Party Vendor.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site 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 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 at any time without prior notice (including after you have submitted your order).
We undertake 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.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 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 Ozarks 313, 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 services 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.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ozarks 313 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.
SECTION 17 - 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.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms of Service 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 Terms of Service 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).
SECTION 19 - 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.
SECTION 20 - 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 Arkansas. You hereby submit to the exclusive venue and jurisdiction of the state or federal courts located in Madison County, Arkansas, and hereby waive any objection thereto, including that of inconvenient forum.
SECTION 21 - CHANGES TO 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 Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@ozarks313.com
revised June 2023
We use UPS or USPS for shipping.
Shipping Terms:
All printed products are FOB shipping point and ownership transfers to customer upon shipment. This means that risk of loss passes to the customer upon our delivery to the carrier.
We are not liable for delays in transportation including, but not limited to, severe weather delays, package handling errors, misroutes, and exceptions.
If a package(s) is lost, we'll assist you in working with the carrier to open an investigation. During this time you have the option to reprint your order. If the original package is located, the customer will be responsible for the cost of both orders. If the package is not located, you are responsible for costs incurred with the original shipment.
If your order isn't received on time for any reason, a credit CANNOT be issued for package contents. If you paid for expedited shipping, and the delay did not occur because of severe weather or other act of nature, a request for a refund of shipping charges will be honored.
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Ozarks 313