Privacy Policy

 

Privacy Policy and User Information

OOBE values its visitors’ privacy. The policy summarizes what information we might collect from a registered user or visitor and what we will and will not do with it.

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. This information can be classified as “Personally Identifiable Information” or information that can be used to identify you as an individual, for example:

  • your name, company, email address, phone number, billing address, and shipping address
  • your user ID and password
  • credit card information
  • any account-preference information you provide us
  • your computer’s domain name and IP address, indicating where your computer is located on the internet
  • session data for your login session, so that our computer can ‘talk’ to yours while you are logged in

If you do provide personally identifiable information to us, or through a dealership Apparel Coordinator, we will:

  • not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
  • take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
  • not use or disclose the information except:
    • as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
    • in other ways described in this privacy policy or to which you have otherwise consented;
    • in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
    • as required by law, for example, in response to a subpoena or search warrant;
    • to outside auditors who have agreed to keep the information confidential;
    • as necessary to enforce the Terms of Service;
    • as necessary to protect the rights, safety, or property of OOBE, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.

If you respond to OOBE with any information that is not personally identifiable, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of OOBE, and your submission of information shall constitute an irrevocable assignment to OOBE of all worldwide rights, titles and interests in and to such information. OOBE will not be liable for any use or disclosure of such information. OOBE will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. OOBE will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Disclaimers and Limitation of Liability

OOBE publishes information on its Site as a convenience to its visitors. While OOBE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." OOBE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OOBE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. OOBE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

OOBE makes no warranties of any kind regarding any non-OOBE sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and OOBE makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-OOBE sites. OOBE does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL OOBE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF OOBE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold OOBE, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

Disputes

Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with OOBE shall be submitted to confidential arbitration in Delaware. However, if you have in any manner violated or threatened to violate any OOBE Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General Information

These Terms constitute the entire agreement between you and OOBE and govern your use of the Site, and they supersede any prior agreements between you and OOBE. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. OOBE may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in OOBE's sole discretion you fail to comply with any provision of these Terms.

Any claim or cause of action you may have with respect to OOBE or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of OOBE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Delaware.

You may not assign the Terms or any of your rights or obligations under the Terms without OOBE's express written consent. The Terms inure to the benefit of OOBE's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.