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Terms & Conditions
Effective Date of Current Terms and Conditions
Nov 17th, 2014

Oak73, LLC., d/b/a Oak73 ("Oak73", "we," or "us") operates the website located at www.Oak73.com (the "Site"). The use of the Site is subject to the following terms and conditions (the "Terms of Use"). Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms of Use, please contact us at info@oak73.com

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

Billing

We accept the following credit cards:
Visa
Mastercard
Discover
American Express


These are securely processed through Authorize.net

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright

mages of people, places and/or products posted on this Site are either the property of Oak73, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials are the property of Oak73 (“Oak73 Content”) or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Oak73 and is protected by United States and international copyright laws. Any unauthorized use of any Oak73 Content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the Oak73 Content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the Oak73 Content on this Site, please contact us at info@Oak73.com .

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Oak73, or the other respective owners of such Marks. You may not use, display or reproduce the Marks in any manner without the prior written consent of Oak73, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Limited License and Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the Oak73 Content on this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Oak73 Content of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks and Oak73 Content) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

Accounts, Forms, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Oak73 is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Oak73.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Oak73 immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Oak73, in its sole discretion, may suspend or discontinue your access and refuse any and all current and future access to or to use any portion of this Site at any time without notice to you. Oak73 cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Content You May Submit to Oak73

From time to time Oak73 may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Oak73 welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Oak73 must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of Oak73 or of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Oak73 will become, upon your submission, the sole and exclusive property of Oak73 and Oak73 shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Oak73 has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Oak73. By submitting any materials of any kind to Oak73, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Oak73 does not and will not violate or infringe the rights of any third-parties.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Oak73 does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Oak73 spokespersons, and their views do not necessarily reflect those of Oak73. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Oak73 or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Oak73 is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
You agree to fully indemnify Oak73, its members, users, managers, officers, directors, employees, contractors, agents, distributors, vendors, affiliates, suppliers and third-party partners from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
Brand Ambassador Program

The Oak73 Brand Ambassador program is not affiliated with any social media site or service. This program is subject to all applicable federal, state and local laws and regulations. This program is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or any other social media channel.

Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Oak73 specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Limits on purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.

Security Rules

Violations of system or network security may result in civil or criminal liability. Oak73 will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (including but not limited to, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Product and Pricing Information

Although Oak73 has made every effort to display our products and their colors/fabrics as accurately as possible, the displayed colors/fabrics of the products depend upon the monitor of the user, and Oak73 cannot guarantee that the user's monitor will accurately portray the actual colors/fabrics of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Oak73 is not responsible for typographical errors regarding price or any other matter. At Oak73, we are committed to providing our customers with great quality products at low prices. Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.

Notice

Oak73 may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

Correction of Site Errors

The information on the Oak73 website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies

Third Party Links

To improve our Site, Oak73 may use and promote services provided by outside third parties. However, even if the third party is affiliated with Oak73, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such third parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
Sales Taxes

Oak73 shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within IL, NY and NJ. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other State.

Monitoring

Oak73 has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Oak73 has no obligation to display or post any content. Oak73, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Oak73 shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Oak73 or any other party.

Digital Millennium Copyright Act

Oak73 expects all users to respect the intellectual property rights of others. Oak73 may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us at info@Oak73.com .

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

Disclaimer
All OAK73 content contained on this site, is provided on an "as is" basis with no warranty. To the maximum extent permitted by law, oak73 disclaims all representations and warranties, express or implied, with respect to such oak73 content, whether provided or owned by oak73 or by any third party, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, oak73 does not represent or warrant that the oak73 content accessible via this site is accurate, complete, or current, and you may not rely on the oak73 content accessible via this site.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall oak73, its members, users, managers, officers, directors, employees, contractors, agents, distributors, vendors, affiliates, suppliers and third party partners be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies with regard to the content contained on this site;(ii) any unauthorized access to or use of the site or oak73's secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the site; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our site by any third party; or (v) any errors or omissions in any oak73 content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the oak73 content contained on this site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not oak73 was advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless oak73, its members, users, managers, officers, directors, employees, contractors, agents, distributors, vendors, affiliates, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (1) your use of the site, including without limitation, any content submitted or transmitted by you via the site; (2) any use of any password chosen by or issued to you; or (3) any violation by you of: (a) these terms of use; (b) oak73's privacy policy; (c) any other terms, guidelines or rules applicable to the site; (d) any rights of any other person or entity; or (e) any applicable laws, rules, or regulations.
Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

Governing Law

These Terms of Use and the relationship between you and Oak73 shall be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

Software

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

We Reserve the Right to Update and Revise these Terms of Use at Any Time.

From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the "Effective Date of Current Terms amd Conditions" date at the top of this page. Your use of this Site constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.

Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

General Information

You agree that no joint venture, partnership, employment, or agency relationship exists between Oak73 and you as a result of this Terms of Use or your use of the Site.

Any claim or cause of action you may have with respect to Oak73 or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Oak73 to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Use shall not affect the enforceability of those portions of the Terms of Use deemed enforceable by applicable courts of law.
You may not assign the Terms of Use or any of your rights or obligations under the Terms of Use without Oak73's express written consent. The Terms of Use inure to the benefit of Oak73's successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms of Use or the Site, or to provide any notice under these Terms of Use please refer to our Contact Us page.
Entire Agreement

These Terms of Use constitute the entire agreement between the user and Oak73 with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Oak73 may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Oak73's sole discretion you fail to comply with any provision of these Terms.

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