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Security/Privacy

OrientalTrading.com
TERMS OF USE

These Terms of Use govern your use of this website, your relationship with us and any orders you submit. Please read them carefully.

  1. Privacy. Please read our privacy policies. They also govern your use of this website and our use of information and data.
  2. Intellectual Property. ORIENTAL TRADING® and other marks indicated on our site are trademarks of OTC Direct, Inc. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of or licensed to OTC Direct, Inc. and OTC Direct, Inc. owns or licenses the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. OTC Direct, Inc. grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of OTC Direct, Inc. is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
  3. Acceptance and Delivery. We shall not be responsible for any delay in our performance beyond our control or beyond the control of our suppliers. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us in Omaha, Nebraska and any contract for the sale of goods by us is formed and performed in Nebraska. Our acceptance of any order from you is expressly conditional upon your assent to the terms and conditions set forth herein and we expressly limits our acceptance of your order to such terms and conditions and any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected. Notwithstanding any other quoted delivery time, we shall ship merchandise ordered by you within 180 days or cancel the order for such merchandise. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
  4. Payment Terms. Payment terms shall be governed by the terms on the face of this order or invoice and the credit terms extended by us, if any. Any such credit terms may be revoked by us at any time. Payment shall be due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of 1 percent per month or the maximum rate permitted by law, whichever is less; and you shall pay all our costs of collection of past due amounts, including but not limited to attorney fees and court costs. If credit terms are extended to you, you hereby grant a security interest in the merchandise purchased by you and all proceeds from the sale or disposition of such merchandise and appoint us as your attorney-in-fact to execute on your behalf any Uniform Commercial Code financing statements we deem reasonably necessary to perfect our security interest. You agree to pay $40.00 per check on all returned or insufficient funds checks. We agree and acknowledge that you tender payment for each order and we are authorized to charge your credit card or other charge account (whether we are or a third party is the creditor) only as of the day we ship the order and only in respect to the merchandise shipped. We have no authorization or right to payment prior to the day we ship the merchandise ordered by you.
  5. Warranty and Risk of Loss. We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN THIS CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
  6. Product Descriptions. We periodically add, change, modify and update out catalogs and website, including without limitation these Terms and Conditions. We try to be as accurate as possible, but make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade, we assume no liability with respect to any of the forgoing. If a product purchased is not as described or expected, your sole remedy is to return it in unused condition.
  7. Nonwaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount due you may be offset against amounts owed to us.
  8. Dispute Resolution. You agree that any action brought by you to resolve any claim, dispute or controversy of any nature arising out of or related to any order or transaction between you and us or any merchandise sold or distributed by us or any policy, statement, representation, advertisement, promotion, offer, customer information of ours, or these Terms of Use shall be brought in a court of competent jurisdiction in Douglas County, Nebraska and you hereby consent to the exclusive jurisdiction of such courts. All such claims, disputes or controversies shall be resolved individually and not as part of any class action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by you.
  9. Personalized Product. If the order includes personalization of product or the printing or other reproduction of trademarks, service marks, trade names, logos, messages or business symbols (?Marks?), you hereby grant to us the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. You further grant permission and consent to our use of a photograph or other likeness of the finished products for purposes of advertising or promoting our business relating to such personalization production work and merchandise sales. We shall have no right, title or other interest in the Marks except as expressly granted herein. You represent and warrant that you own the Marks and are authorized to license the Marks to us. You agree to indemnify and hold harmless us from any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees) arising out of or in any manner connected with your or our use of the Marks. We reserve the right to reject or rescind any order for personalized product in our sole discretion.
  10. Compliance with Laws and Indemnification. You agree to provide us with written notice prior to placing any order if you intend to distribute any product into the state of California and acknowledge and agree that any such distribution of product into the state of California may require appropriate Proposition 65 (Title 22 of the California Code of Regulations) warning labels. If you fail to provide such notice or fail to provide appropriate Proposition 65 warnings and distribute any product into the state of California, you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability and expenses (including attorney fees) arising out of any alleged Proposition 65 violations. In addition, if you intend to resell, distribute or export any product, you agree to bear all responsibility for compliance with the laws, rules and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported, and you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability, fines, penalties and expenses (including attorney fees) arising out of any such resale, distribution or exportation.
  11. Electronic Communications. WHEN YOU PROVIDE US WITH YOUR EMAIL ADDRESS OR TELEPHONE NUMBER, SEND US EMAILS OR VISIT OUR WEBSITE OR SOCIAL MEDIA CHANNELS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY COMMUNICATE WITH YOU BY TELEPHONE, EMAIL, TEXT, FACSIMILE, SOCIAL MEDIA OR BY POSTING NOTICES ON OUR WEBSITE. YOU EXPRESSLY CONSENT TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZE US TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS YOU PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS BASED ON SUCH COMMUNICATIONS. YOU AGREE THAT ALL NOTICES, DISCLOSURES, AGREEMENTS OR OTHER COMMUNICATIONS WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
  12. International Trade. If you are purchasing merchandise for delivery or importation to a country other than the United States, you are solely responsible for and will comply with all applicable laws, rules, regulations, and treaties of the United States and the jurisdiction of the destination of the merchandise in connection with the transportation, exportation, importation, delivery, distribution and resale of the merchandise. You are also solely responsible for and shall obtain all certifications, declarations, accreditations, registrations, tests, licenses, permits, inspections, or similar requirements of any jurisdiction of the destination of the merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any taxes, duties, levees, or assessments associated with the transportation, exportation, and importation of the merchandise. We make no representations or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
  13. User-Generated Content. (a) Content Contributor Terms. You may submit content including, but not limited to, textual material, photographic images, graphics, artwork, drawings, written materials, audio, video, plans, patterns, designs, ideas, concepts and other creative material (the ?Content?) on our website or social media (the ?Site?) subject to these terms of use, our privacy policy and the Content Contributor Terms applicable to each submission of Content. By submitting Content, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant to us and our affiliates, representatives, and assigns a non-exclusive, fully-paid, royalty-free, transferable, perpetual, worldwide license to display, publicly perform, distribute, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your submitted Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter developed, for any purpose. You represent and warrant that the Content you post or submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that you will indemnify us for all claims resulting from Content you supply. We take no responsibility and assume no liability for any Content posted by you or any third party.

    You understand and agree that we do not necessarily pre-screen or monitor any user Content but may prescreen, monitor or review after initial posting user Content for a variety of reasons, including, without limitation, compliance with these terms. We reserve the right (but not the obligation) to remove or edit Content that violates these terms, but we do not regularly review posted Content.

    (b) Copyright Infringement Notification Procedure. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:
    • (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website;
    • (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
    • (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    • (vi) your physical or electronic signature.
    Our Copyright Agent for notice of claims of copyright infringement on our site can be reached with the contact information below:

    Copyright Agent
    IP Law Group
    OTC Direct, Inc.
    5455 South 90th Street
    Omaha, NE 68127
    phone: (402) 829-4777
    fax: (402) 829-4489
    e-mail:iplawgroup@oriental.com


    By submitting a copyright infringement notice, you acknowledge and agree that we may forward your copyright infringement notice and any related communications to any users who posted the material identified in such notice.

    Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

    (c) Counter-Notification Process. If you believe that your Content, or Content for which you have the authorization from the copyright owner or the copyright owner?s agent, has been removed due to a copyright infringement notice we received in error, you may send us a counter-notification directed to the Copyright Agent listed above. Your counter-notification must be in writing and include the following information:
    • (i) your physical or electronic signature;
    • (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared before it was removed or disabled;
    • (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    • (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the District of Nebraska, and agree to accept service of process from the person who submitted the original copyright infringement notice that resulted in your user Content being removed (or an agent of such person) in the event he or she elects to file suit.
    By submitting a counter-notification, you acknowledge and agree that we may forward your counter-notification and any related communications to the person who submitted the original copyright infringement notice that resulted in the removal of your user Content or to other third parties.
  14. Miscellaneous. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and signed by us. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska. You consent to and agree that any state or federal court in Douglas County, Nebraska shall have personal and subject matter jurisdiction over you and this Agreement; that Nebraska has the most significant contacts with this Agreement, to the exclusion of any other state; and that any legal dispute brought by either you or us relating to this Agreement will be instituted in Douglas County, Nebraska. You expressly consent and agree to receive communications regarding any order or transaction from us by electronic mail and facsimile.
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