These Terms apply in the U.S. to your access to, and use of, the odlo.com/us/en website, including any related mobile applications and online services (collectively, the "Site"), operated by Odlo US, Inc., a wholly owned subsidiary of Odlo Trading AG (collectively, “Odlo” and sometimes referred to as “we,” “us,” or “our”). The Site is intended for use only by U.S. Residents. Residents of other countries should use our general website at www.odlo.com. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Odlo for products, services, or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Odlo for its violations of these Terms.
These Terms are separated into two parts. PART ONE applies to all users, and PART TWO applies only to those who make a purchase with us.
Odlo reserves the right to change or modify these Terms at any time and in our sole discretion. If Odlo makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Site or updating the date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
All other questions or comments about the Site or its contents may be directed to customer service by emailing us at email@example.com.
PART ONE – TERMS FOR ALL SITE USERS
ELIGIBILITY AND RESTRICTIONS
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18] years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Odlo, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or the Site Content (as defined below) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or the Site Content.
Other than for the purchase of merchandise from our Site, our Site and all content and materials therein, including but not limited to the Odlo logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (the “Site Content”) are intended for personal, noncommercial use and you agree that you will not: (a) resell products purchased or make other commercial use of the products, the Site, or the Site Content; (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell, or participate in or exploit in any way, in whole or in part, any of the Site Content, the Site, or any related intellectual property; (c) use any data mining or similar data gathering methods on the Site; (d) use, frame, or utilize framing techniques to enclose any Odlo trademark, logo, or other proprietary information (including images, text, layout or design) without Odlo’s express consent; or (e except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. Any unauthorized use of the Site will result in termination or suspension of your rights to use the Site.
In order to access certain content, material, products, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself, including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Odlo will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Odlo or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete, and up to date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please log in to your account and update such information directly on the Site.
OWNERSHIP OF SITE CONTENT
Unless otherwise indicated on our Site, the Site and the Site Content are the proprietary intellectual property of Odlo or our affiliates, licensors, suppliers, or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial, and personal use. This license is subject to these Terms and excludes: (a) any resale of the Site or Site Content; (b) the collection and commercial use of any product listings, pictures or descriptions; (c) the distribution, public performance, or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, the Site Content, or any information contained therein, except as expressly permitted on the Site or pursuant to separate terms; or (g) any use of the Site or the Site Content other than for its intended purpose. Any other use of the Site or the Site Content, without the prior written permission of Odlo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time.
"Odlo" the Odlo logo and other Odlo product or service names, logos, or slogans that may appear on the Site are trademarks of Odlo or our affiliates and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Odlo or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Odlo" or any other name, trademark, or product or service name of Odlo without our prior written permission. In addition, the “look and feel” of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Odlo and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Odlo.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you should send written notice of copyright infringement to our designated copyright agent at the following address:
ODLO Trading AG, Bösch 47, 6331 Hünenberg, Switzerland, or by email: firstname.lastname@example.org
A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3))
If you believe any Site Content or User Content (as defined below) or any other aspect of the Site infringes your copyright‚ you should send written notice of copyright infringement to our designated copyright agent at the address given below. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
ODLO Trading AG, Bösch 47, 6331 Hünenberg, Switzerland, or by email: email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by mail to a user's address in our records.
USER CONTENT AND INTERACTIVE AREAS
Certain features of the Site may include discussion forums, blogs, profiles, product reviews, or other interactive features or areas (collectively, "Interactive Areas") which allow you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Odlo account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by Odlo on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to Odlo, you grant Odlo a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. For avoidance of doubt, Odlo shall be under no obligation: (1) to maintain any User Content in confidence; (2) to compensate you in any way for your User Content; or (3) to respond to any User Content.
Odlo encourages our users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Site or, for content that infringes trademarks or copyrights, by following the instructions in the Trademark or Copyright sections above). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although Odlo has no obligation to screen, edit, or monitor any of the User Content posted on the Site, Odlo reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Site, Odlo and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of Odlo. Odlo shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Site. You also agree to abide by our Site Rules and that you will not:
– Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
– Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam;
– Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
– Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
– Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
– Use or attempt to use another's account without authorization from Odlo;
– Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
– Engage in any harassing, intimidating, predatory or stalking conduct;
– Develop any third-party applications that interact with User Content and our Site;
– Interfere with or damage the operation of the Site or introduce to the Site or its users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
– "Frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Odlo has no obligation to monitor any user conduct on the Site, and Odlo reserves the right and has absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. Odlo does not approve or endorse any user-posted meetings or events referenced on the Site and Odlo recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Odlo and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Odlo, the "Odlo Parties"), from and against any claims, damages, costs, liabilities, and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Site; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit on or through the Site; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of a third party. You agree to promptly notify the Odlo Parties of any third-party Claims, cooperate with the Odlo Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the Odlo Parties shall have control of the defense or settlement of any third-party Claims.
Except as expressly provided in these terms or on the Site, the Site, Site Content, User Content, and services provided on or in connection with the Site (collectively, the "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties, or conditions of any kind, either express or implied. Odlo DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Odlo does not represent or warrant that the Complete Site is accurate, complete, reliable, current, or error-free. Odlo does not represent or warrant that the Site or our servers are free of viruses or other harmful components.
Constant availability and seamless functionality of the Site cannot be guaranteed. The Site may include links to third-party pages on the Internet. Odlo has no influence over the design and content of the linked pages. Odlo therefore disclaims any responsibility for the content of all linked third-party pages.
The Site Content, including, but not limited to, Odlo videos and "expert advice" articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ODLO PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AN ODLO PARTY'S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ODLO PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ODLO FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE ODLO PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
MODIFICATIONS TO SITE
Odlo reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.
APPLICABLE LAW AND VENUE
THESE TERMS AND YOUR USE OF THE SITE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF WASHINGTON, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site and providing Odlo with a notice of termination. Odlo reserves the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PART TWO – TERMS FOR USERS MAKING PURCHASES
Odlo’s online shop on the Site represents a sales brochure. By presenting the products on the Site, Odlo is merely encouraging you to submit offers that are binding on you (orders). The order confirmation automatically sent by Odlo by e-mail does not yet give rise to a binding contract of sale. A contract of sale only arises when Odlo ships the products.
By transmitting an order, you confirm that you have read the Terms and agree to them without reservation.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All information relating to availability, shipping, and delivery of a product is provisional information and approximate guideline values. Such information does not represent binding or guaranteed shipping or delivery dates.
If, when processing your order, Odlo establishes that the products you ordered are not available, we will notify you without undue delay. In this case, a contract relating to the unavailable products shall not arise given the absence of shipment of the ordered products.
PRICES AND TAXES
All specified prices are in U.S. Dollars (USD). Taxes, shipping and handling charges are additional.
Items shipped to locations in the U.S may be subject to state and local tax. The amount of tax charged on your order depends on many factors including the following:
– The identity of the seller
– The type of item or service purchased
– The time and location of fulfillment
– The shipment or delivery address of your order
These factors can change between the time you place an order and when your shipment is complete. As a result, the tax calculated on your order may change. We provide an "Estimated Tax," which is displayed at checkout when confirming an order. The amounts displayed as estimated tax may then be updated later when your order is finalized and completed.
The minimum order sum is $50,00.
You will be notified separately of shipping costs prior to dispatch of your order. These may vary depending on the required delivery speed.
Odlo reserves the right to change prices at any time without notice; you will be charged for the products on the basis of the prices offered at the point of order.
Odlo accepts the following methods of payment:
Payment will only be performed if you authorize the relevant credit card company or PayPal to do so. If payment is rejected, Odlo reserves the right to cancel the order and halt dispatch of the products. In this case, you will be contacted by Odlo as soon as possible.
If you pay by credit card, your card will be charged the amount of the ordered products plus shipping costs when the item ships to the designated delivery address.
Odlo ships to the anywhere in the U.S., including Hawaii and Alaska.
Odlo offers you STANDARD SHIPPING BY UPS _______________. [Odlo should pick an option for standard shipping if using UPS: https://www.ups.com/service-selector?loc=en_US] [UPS partners with the U.S. Postal Service for deliveries to U.S. territories and APO/FPO addresses: https://upsmailinnovations.com/about/index.html. This may increase shipping costs and may be too complicated, depending on volume of expected orders from those locations.]
Standard delivery costs are $25,00. There is no delivery charge for orders over $275,00.
Any shipping times shown on the Site are estimates only – actual delivery dates may vary. The average delivery time is seven to twelve working days depending on destination. You can use the tracking number to track the current location of your order.
Although we try to ship your order to you as quickly as possible, it may take two to four business days until we can hand the package over to UPS. It will therefore take between four and eight working days from the point of your order until you receive your order.
Odlo does its utmost to meet the stated delivery times. However, Odlo is not responsible for any delivery delay, irrespective of the cause.
Odlo retains title to the delivered goods until full payment has been received.
All orders are shipment contracts, not destination contracts. You agree that you will not obtain or direct shipment of product for export.
RETURNS AND EXCHANGES
You may return or exchange goods without stating any reasons within 30 days from delivery, provided the goods are complete, unused and undamaged.
Please register your return or exchange on the website "thereturnslab.com" with your order number and your address. You can then download a free return label. You should return the goods to:
Verde Fulfilment USA
Boise, ID 83706
In the case of returns, we will carry out the reimbursement using the same means of payment as you used for the initial transaction. In any event you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
GUARANTEE AND LIABILITY
All products are covered by a manufacturer’s guarantee against manufacturing defects. This guarantee applies for twelve months from receipt of the product (the “Guarantee Period”). Please inspect the products for defects immediately on receipt. If you notice something during this inspection, please contact our customer service team immediately:
Odlo Trading AG, Bösch 47, CH-6331 Hünenberg, Switzerland, or by email at firstname.lastname@example.org
If a guarantee claim arises, you are only entitled to have us exchange the defective product for an equivalent, defect-free product during the Guarantee Period. We disclaim any additional or more extensive guarantee claims.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
COMPLAINTS AND LEGAL NOTICES
All complaints and legal notices should be mailed to Odlo at Odlo Trading AG, Bösch 47, CH-6331 Hünenberg, Switzerland. If a law requires us to accept legal notices via email, call +41 (0)41 785 81 45 to ask for the address intended for receipt of such notices.
If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.
EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Odlo's sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the applicable Odlo returns and exchanges policies. IN NO EVENT SHALL THE ODLO PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE ODLO PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE ODLO PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE, OR FOR THE ODLO PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.