Terms & Conditions
These terms of service (“Terms”) contain important information regarding your legal rights, remedies and obligations related to this website and the owner and operator of this website. These Terms include disclaimers, limitations of liability, and a dispute resolution clause that govern how disputes will be resolved.
Oscarware and this Website
The website at www.Oscarwareinc.com (this “Website”) is owned and operated by Oscarware, Inc., (“Oscarware,” “we”, “us”, or “our”). Information contained on this Website is for information purposes only. By accessing and using this Website and/or purchasing or using its products (“Products”) or services (“Services”), you have expressly accepted and agreed to these Terms. If you do not agree to these Terms, you may not access or use: (i) this Website; (ii) the Oscarware Materials (as defined below); or (iii) any of the Services.These Terms, this Website, including the Oscarware Materials, and the Services may be amended or otherwise changed from time to time with or without notice. Oscarware reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to periodically check for such Website changes. If you do not agree with any change of these Terms, you must stop using or accessing this Website. Your continued access or use of this Website or the Services after any such change is posted on this Website will constitute your acceptance of the change of these Terms.
1. JURISDICTION AND GOVERNING LAW
Oscarware, Inc. is a company duly formed and registered in Kentucky, and Oscarware’s principal place of business is in Bonnieville, Kentucky. Your access and use of this Website is a transaction that shall be deemed to be subject to Kentucky law and the federal laws applicable therein. If you access this Website from outside of Kentucky, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, import and export laws. You understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Goods and Services in your jurisdiction.If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed.
2. USE OF THIS WEBSITE
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract. This Website is not intended for use by anyone under the age of 18.You may not interfere with the security of, or otherwise abuse, this Website, or any system resources, services or networks connected to or accessible through this Website. You may only access or use this Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Oscarware’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While accessing or using this Website, you agree to comply with all applicable laws, rules and regulations.You further agree not to:
- mirror or frame any part of this Website without Oscarware’s express prior written consent; or
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent.
Solely as a convenience to you, this Website may contain links to other URLs or websites with which Oscarware has no legal relation, control, or right and ability to control. Oscarware makes no representations or warranties regarding those URLs and websites, and Oscarware is in no way responsible for the contents of those websites and URLs.
Any unauthorized use regarding publication, copying or modification of information in any of the Oscarware Materials, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
4. OTHERS’ INTELLECTUAL PROPERTY
The Website contains materials uploaded and posted by third parties, and Oscarware is not responsible for the material that those third parties upload and post. Oscarware therefore contends that it is not subject to liability for copyright or trademark infringement related to material uploaded and posted by such third parties pursuant to the Digital Millennial Copyright Act (“DMCA”) and similar legal protections afforded by the law. If You find anything on this Website that you believe is Your copyrighted or trademarked material that has been copied in a way that constitutes copyright or trademark infringement, please provide a Notice with the following information to the Website:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- A detailed description of the copyrighted or trademarked work that You claim has been infringed;
- A description of precisely where the material that You claim is being infringed is located on the Website;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law;
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
The above Notice should be sent to:
Oscarware, Inc.
P.O. Box 40
Bonnieville, KY 42713
E-Mail: info@oscarwareinc.com
In accordance with the DMCA, Oscarware reserves the right to inform any third parties responsible for uploading or posting material to the Website that is identified in Your Notice. If You receive such a notice of infringement, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You, under the penalty for perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which the Website may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.
5. ERRORS AND OMISSIONS
Although Oscarware believes the Oscarware Materials to be correct at the time they are posted, Oscarware: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Oscarware Materials on this Website. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction.We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Oscarware Materials at any time, without prior notice to you (including after an order has been placed by you).
6. PRIVACY
We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who access or use this Website or the Services. Please see our Privacy Policy for further details.You acknowledge and agree that access to and use of this Website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
7. COMMUNICATIONS THROUGH THIS WEBSITE
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Oscarware is not liable for any damages related to communications to, or from, this Website or the Services.
8. YOUR COMMENTS
Feel free to e-mail info@Oscarwareinc.com or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Oscarware and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Oscarware and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.
9. DISCLAIMER
This Website, the Products, and the Oscarware Materials are provided on an “as is”, “where is”, and “with all faults” basis, without representation, warranty or condition of any kind, either express or implied, including, but not limited to, any implied representations, warranties or conditions of concerning the availability, accuracy, completeness or usefulness of the Oscarware materials, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality, or fitness for a particular purpose.Oscarware does not represent or warrant that this Website, the Products, and Oscarware materials will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this website available are free of viruses or other harmful components.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Oscarware or any of its affiliates or their respective directors, officers, employees, security holders, partners or agents (collectively, the “Oscarware parties”) be liable to you for any:(a) incidental, indirect, punitive, exemplary, consequential or other similar damages whatsoever (even if any of the Oscarware parties is made aware of the possibility of any such damages), or(b) any damages for loss of profits, interruption, loss of business information, or loss of opportunity in connection with or related to any claim, loss, damage, action, suit or other proceeding arising from, related to, or in connection with:(i) these terms,(ii) this website (including any sites linked from or to this website),(iii) the Oscarware materials,(iv) the Services,(v) the Products, and(vi) your access, use, or reliance of any of the foregoing, whether the claim is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.in every event, the Oscarware parties’ total maximum aggregate liability to you in connection with or related to any claim, loss, damage, action, suit or other proceeding arising from, related to, or in connection with(i) these terms,(ii) this website (including any sites linked from or to this website),(iii) the Oscarware materials,(iv) the Services,(v) the Products, and(vi) your access, use, or reliance of any of the foregoingshall be limited to the amounts paid by you for any products purchased by you through this website in the six (6) month period immediately preceding the final event giving rise to such liability. the above damages represent Oscarware’s best estimate of actual damages and is not to be construed as liquidated damages.Oscarware makes no representations or warranties regarding the use of its Products. Oscarware expressly disclaims all warranties, express and implied, associated with this Website and its Products and Services to the fullest extent permissible under any applicable law.
11. INDEMNIFICATION
in consideration for accessing or using this website, you agree to defend and indemnify the Oscarware parties against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to, or in connection with your use of this website, including in connection with any products offered through this website or the use of any information contained in or obtained through this website, the services, your violation of the terms or any applicable law or regulation, or the posting or transmission of any materials on or through this website by you, including but not limited to, any third-party claim that any information or materials provided by you infringe upon any third party proprietary rights.
12. TERM, TERMINATION, AND SUSPENSION
As above, Oscarware may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Website and the Services and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Website and the Services.Sections 1 and 3 – 20 will survive any termination or expiry of these Terms.
13. ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
14. WAIVER
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
15. HEADINGS
Any headings and titles herein are for convenience only.
16. ASSIGNMENT
If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties, or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
17. SEVERABILITY
If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
18. GOVERNING LAW
Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the Oscarware Materials, (iv) the Services, (v) the Products, and (vi) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved in accordance with the laws in Kentucky without regard to its conflict of law rules. Any such claims or disputes must be brought in the Hart County, Kentucky, Circuit Court or any federal court within the Commonwealth of Kentucky, and you irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Oscarware Parties relating to any Dispute and you also agree to opt out of any class proceedings against Oscarware.
19. CONTACT INFORMATION
If you need to contact us regarding this Website, the Services, the Products or these Terms, please contact us by: (i) phone at 888.672.2797; or (ii) mail us at: Oscarware, Inc., P.O. Box 40, Bonnieville, KY 42713.
20. PROMOTIONS
Unless otherwise stated, discount codes are valid for all one-time orders on oscarwareinc.com. To redeem, enter the discount code during checkout, click “apply,” and your cart’s price will be adjusted. Offers may not be combined with any other coupons, discounts, offers, or promotions. Offer valid while supplies last. No substitutions and no rain checks issued. Not valid toward previous purchases. Other restrictions may apply.These Terms were last updated on August 25th, 2022.