Terms and Conditions
Last Modified on 3/1/2023
1. Applicability of Terms and Conditions
These terms and conditions (these “Terms”) apply to your purchase of products and related services through https://www.oddbirdgames.com/ (the “Site”). These Terms are subject to change at any time without prior written notice by Swanson Consulting LLC (dba Odd Bird Games) (“Odd Bird Games,” “we,” “us,” or “our”). The most recent version of these Terms will be posted for your review at any time on the Site.
Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which will be dated as of their most recent update) constitutes your acceptance of and agreement to any changes made.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD OR HAVE A PARENT OR GUARDIAN ORDER ON YOUR BEHALF; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE SITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
2. Online Orders
When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you that confirming email.
3. Your Account
3.1. Account Creation. You may have the option to register for an Account to make a purchase through the Site (your “Account”), or you can choose to checkout as a guest without an Account. You may only create an Account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to make a purchase through the Site. You may create an Account for free by signing up through a registration form on the Site. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Odd Bird Games immediately of any breach of security or unauthorized use of your Account.
3.2. Accurate Information. When creating your Account, you promise to provide accurate information related to your Account, including payment and shipping information.
3.3. Suspension of Accounts. Odd Bird Games may, at our sole discretion, suspend or terminate your Account or your access to the Site should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
4. Payment Terms
All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., Stripe). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
5. Shipping Information
It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we are not responsible for any delays in shipments. Learn more on our Shipping & Returns page.
If you, for any reason, are not satisfied with your order, you may return it for a full refund; as long as: (i) the items(s) were not designated as non-returnable; (ii) your return is made within 30 days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges [and a 20% re-stocking fee]. All returns must be made using the specific return procedure specifically set forth on the Site which can be found on the Shipping & Returns page. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
The Site may contain links to other sites (the “Linked Services”). Odd Bird Games does not control the Linked Services, and Odd Bird Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security, or privacy of those Linked Services. The fact that Odd Bird Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Odd Bird Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Odd Bird Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
8. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability
Buyer’s R&Ws: You represent and warrant to us as follows: (i) that you have the right to enter into any transaction on the Site without violating these Terms, any applicable law, rule, or regulation, or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided under this Agreement exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
Odd Bird Games’ Limited Warranty: We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or services purchased by you on the Site will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty does not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service, or use in violation of any provided instructions.
Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided hereunder are not covered by this limited warranty. Notwithstanding anything to the contrary, your sole remedy with respect to a breach by us of our warranties to you will be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question; or (ii) credit or refund your purchase price. We have the right to select which cure option to pursue, and we will be responsible for shipping & handling charges associated with resending replacement goods (and will also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you under this Section must be made within 30 days of delivery or forever be waived. We reserve the right to verify any such claim. This limited warranty extends only to you as the original purchaser of our products and services from our Site. In order to obtain warranty service, please contact firstname.lastname@example.org. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON YOUR JURISDICTION.
Limitation on Warranties: Subject to applicable law, and without limitation on the foregoing, we limit the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in subsection (b) above. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ODD BIRD GAMES’ OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Trademarks and Copyrights
The Site is owned by Odd Bird Games and is protected by United States copyright laws and international treaty provisions. All Site content, trademarks, services marks, trade names, logos, and icons are proprietary to Odd Bird Games or used under license. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed on the Site without Odd Bird Games’ written permission. Your use of the trademarks displayed on the Site, or any other Site content, except as provided in these Terms, is strictly prohibited.
11. General Terms
Third Party Beneficiaries: These Terms are for your sole benefit and nothing in this agreement, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure: Odd Bird Games is not responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Assignment: Odd Bird Games may assign or otherwise transfer its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so will be null and void.
Partial Invalidity: If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Governing Law/Binding Arbitration:
- Governing Law: These Terms are governed by the laws of the State of Missouri, USA.
- For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of these Terms, an amicable solution can be sought before any legal action. You can file your complaint with Odd Bird Games by sending a message via email to email@example.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
- Binding Arbitration: Subject to the subsection entitled Small Claims Option below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise under these Terms in court or before a jury; and (ii) your right to consolidate any claim or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us will be solely and finally settled by arbitration administered by JAMS in accordance with its streamlined arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will take place before a panel of one arbitrator sitting in St. Louis, Missouri, though either party may participate through virtual means. The language of the arbitration will be English. The decision of the arbitrator will be in writing with written findings of fact and will be final and binding on the parties. Each party will bear all its own costs. With respect to any arbitration, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
- Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 60 days of your purchase transaction. Any small-claims court proceeding initiated under these Terms will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms.
No Waivers: Our failure to enforce any of our rights under these Terms will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices: We may provide notices under these Terms to you by: (i) email; or (ii) posting them on the Site. You will be responsible for ensuring that you have provided us with your current email address.