Terms and Conditions
Effective Date: 06-01-2023
Welcome to the Oak Point Holdings LLC website. These Terms and Conditions (“Terms”) govern your use of our website and the purchase of products from our e-commerce store. By accessing or using our website, you agree to be bound by these Terms. Please read them carefully before using our services.
1. General Conditions
1.1 Acceptance of Terms
By accessing our website and/or purchasing products from our store, you agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein. If you do not agree to these Terms, please do not use our website or services.
1.2 Eligibility
You must be at least 18 years old to use our website and make purchases. By using our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
1.3 Modifications to Terms
We reserve the right to update, change, or replace any part of these Terms at our sole discretion. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for updates. Your continued use of our website after any changes constitutes acceptance of those changes.
2. Account Registration
2.1 Account Creation
To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.
3. Orders and Purchases
3.1 Product Descriptions
We strive to provide accurate descriptions of our products on our website. However, we do not warrant that the product descriptions, images, or other content on our website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
3.2 Pricing and Availability
All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to modify or discontinue products at any time. We also reserve the right to limit the quantities of any products or services that we offer. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical errors, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price.
3.3 Payment Terms
By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.
3.4 Order Confirmation
After you place an order, you will receive an email confirming your order. This email does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason, including if the product is out of stock, if there are errors in pricing or product information, or if we suspect fraudulent activity.
3.5 Shipping and Delivery
Shipping and delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, or other factors beyond our control. Risk of loss and title for products pass to you upon delivery of the products to the carrier.
3.6 Returns and Refunds
Our return and refund policy is outlined on our website. Please review it carefully before making a purchase. By making a purchase, you agree to the terms of our return and refund policy.
4. Use of the Website
4.1 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes, subject to these Terms. You may not use our website for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.
4.2 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
– Unauthorized Access: Attempting to gain unauthorized access to our website, servers, or networks.
– Data Mining: Using any automated system, including robots, spiders, or other tools, to access our website for any purpose without our express written permission.
– Disruption: Interfering with or disrupting the integrity or performance of our website or the data contained therein.
– Infringement: Uploading, posting, or transmitting any content that infringes on the intellectual property rights of others.
– Malicious Software: Introducing any viruses, worms, or other harmful software to our website.
4.3 User-Generated Content
If you post or submit any content to our website, including reviews, comments, or other materials (“User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or have the necessary rights to post the User Content and that it does not violate any law or infringe the rights of any third party.
5. Intellectual Property
5.1 Ownership
All content on our website, including text, graphics, logos, images, and software, is the property of Oak Point Holdings LLC or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
5.2 Trademarks
All trademarks, service marks, and trade names (collectively, the “Marks”) displayed on our website are the property of Oak Point Holdings LLC or their respective owners. You are not permitted to use any Marks without the prior written consent of Oak Point Holdings LLC or the owner of the Mark.
5.3 License Restrictions
You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from our website without our express written permission.
6. Disclaimers and Limitation of Liability
6.1 Disclaimer of Warranties
Our website and all products and services offered through our website are provided on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
6.2 Limitation of Liability
In no event shall Oak Point Holdings LLC, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of our website or the purchase of any products, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
6.3 Maximum Liability
Our maximum liability to you for any claim arising out of or in connection with your use of our website or the purchase of any products shall not exceed the amount you paid to us for the product or service giving rise to the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless Oak Point Holdings LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
8. Termination
8.1 Termination by Us
We reserve the right to terminate or suspend your access to our website or your account at any time, without notice, for any reason, including, without limitation, if we believe you have violated these Terms or engaged in any fraudulent or unlawful activity.
8.2 Termination by You
You may terminate your account at any time by contacting us at Contact@oakpointstore.com. Upon termination, your right to use our website will immediately cease.
8.3 Effect of Termination
Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.
9.2 Dispute Resolution
Any disputes arising out of or related to these Terms or your use of our website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Charleston County, South Carolina, and the arbitrator’s decision shall be binding and enforceable in any court of competent jurisdiction.
9.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on
an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial.
10. Miscellaneous
10.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on our website, constitute the entire agreement between you and Oak Point Holdings LLC regarding your use of our website and the purchase of products.
10.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice to you.
11. Contact Information
If you have any questions about these Terms or our website, please contact us at:
Oak Point Holdings LLC
75 Port City Landing
Suite 110
Mt Pleasant, SC 29464
Email: Contact@oakpointstore.com