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Terms and Conditions

Introduction

These Standard Terms and Conditions written on this webpage shall manage your use of our website, Stone Valley Hobby & Games LLC accessible at https://www.odarkthirtywoodworks.com

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

You affirm that you are either more than 18 years of age, or an emancipated minor, or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide and comply with these Terms of Service.

Please review our other policies, such as our Shipping and Returns policy, and our Privacy Policy posted on this site. These policies also govern your visit to O Dark Thirty Woodworks. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

O Dark Thirty Woodworks is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Payment Policy

Accepted Methods of Payment

PayPal

Your credit card will be charged when you place your order. If we are not able to fulfill your order for any reason your credit card will be refunded.

Shipping Policy

Turnaround

We have a minimum 2 business day handling time policy before shipping. So, once you place your order it may not ship until 2 business days later (but often ships sooner). If you order on or around one of our company holidays, the total days before shipping may take longer simply because the company holiday is not a business day. (Note: Saturday and Sunday are not considered as business days.)

When you place an order, your credit card will be charged generally within 24-48 hours. The order will typically ship within 2 business days, however, please expect delays during company holidays. We anticipate two to three holidays a year and last seven to ten days during which time we will be away from the store. Any orders placed on a company holiday will be shipped as soon as possible after the holiday break. We will prominently display on the website when we are on vacation. You can follow our holiday exploits on Facebook, Instagram, and Twitter while we're away.

Carriers

We use the following carriers to deliver our orders:

  • USPS
  • UPS

Shipping Rates

The rate charged for the shipping of your order is based on the weight of your products, and your location. Before the final checkout page, you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you decide not to.

All orders to Alaska, Hawaii, Guam, Puerto Rico, and US international territories will be shipped via USPS only and incur real-time shipping rates. Any free shipping threshold promos will be voided if the shipment is going to these non-contiguous states and territories.

Unfortunately, we cannot currently process international orders online. We are working on a solution, though due to the nature of our small business it may take some time to overcome this limitation.

Intellectual Property Rights

Other than the content you own, under these Terms, O Dark Thirty Woodworks and/or its licencors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website. The entire compilation of the content found on this website is the exclusive property of O Dark Thirty Woodworks, with copyright authorship for this compilation by Jonathan Erickson.

Restrictions

  • You are specifically restricted from all of the following:
  • publishing any Website material in any other media unless specifically approved by O Dark Thirty Woodworks; contact [email protected] for more information;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and O Dark Thirty Woodworks may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

No warranties

This Website is provided “as is,” with all faults, and O Dark Thirty Woodworks express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall O Dark Thirty Woodworks, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  O Dark Thirty Woodworks, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent O Dark Thirty Woodworks from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY O DARK THIRTY WOODWORKS ON AN "AS IS" AND "AS AVAILABLE" BASIS. O DARK THIRTY WOODWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, O DARK THIRTY WOODWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. O DARK THIRTY WOODWORKS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM O DARK THIRTY WOODWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O DARK THIRTY WOODWORKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Communications

Communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Comments, Reviews, and Emails

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant O Dark Thirty Woodworks non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

Automatic follow-up emails (reminders) that gather shop and product reviews will be sent to customers who order from this site. Review reminders are sent via an independent service CR (Customer Reviews) from [email protected] By consenting to these terms and conditions customers consent to receive an invitation to review their order.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant O Dark Thirty Woodworks a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party's rights. O Dark Thirty Woodworks reserves the right to remove any of Your Content from this Website at any time without notice.

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Entire Agreement

These Terms constitute the entire agreement between O Dark Thirty Woodworks and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Alabama and of the United States of America. Any dispute relating in any way to your visit to O Dark Thirty Woodworks or to products you purchase through O Dark Thirty Woodworks shall be submitted to confidential arbitration in Alabama, United States of America, except that, to the extent you have in any manner violated or threatened to violate O Dark Thirty Woodworks intellectual property rights, O Dark Thirty Woodworks may seek injunctive or other appropriate relief in any state or federal court in the state of Alabama, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

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