Terms & Conditions

1. Applicability of Terms and Conditions

These Terms and Conditions (these "Terms" or this “Agreement”) shall apply to your purchase of products and related services through https://www.outdoorlivingway.com/ (the "Site") and to any website, software, or other interactive feature and online services owned and operated by Outdoor Living Wholesale LLC d/b/a, “Outdoor Living Way” (referred to herein as either “Company,” “we,” “us,” or “our”). These Terms are subject to change at any time without prior written notice by us. The most recent version of these Terms shall 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 shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Services

For the purposes of this Agreement and its corresponding Privacy Policy, the term “Service(s)” refers to the online sale and delivery of furniture and outdoor products by the Company to consumers at their desired location. This includes the transportation of the products from the Company’s warehouse to the customer’s location. However, the term does not include the assembly or installation of such products.

3. Additional Terms

When using particular services or features of the Site, in addition to these Terms, Additional Terms, such as the Company’s Privacy Policy or Payment Terms may apply to your use of the Site’s product, feature, or service (“Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. By accessing or using any part of the Site, you signify your agreement to these Terms and any applicable Additional Terms. Your use of the Site is also governed by our Privacy Policy. If you do not agree to these Terms, any applicable Additional Terms, or our Privacy Policy, you may not access or use any part of the Site.

4. Changes to Site

We reserve the sole right (but is under no obligation) to update, modify, replace, or alter any of the Site, in whole or in part, from time to time without any liability to you. You acknowledge that the Company may, in its sole discretion, cease to operate the Site or features within the Site at any time and without any liability to you.

5. Account Registration

Certain areas and features of the Site may require registration with the Company or a third party or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current, and complete information. If you submit personal information to the Company to register for an account with the Company or to otherwise participate in any services offered by the Company on the Site, that information will be governed by the Company’s Privacy Policy. If you register with us, you agree you will not sell or otherwise transfer your account or any account rights.

6. Account Access

We reserve the right to modify, suspend, terminate, or restrict your use of any portion of the Site or otherwise deny you access, in its sole discretion, at any time, and to the extent permitted by applicable law, without notice. We will not be liable to you or to any third-party for any cancellation, termination, suspension or discontinuance of the Site or your account. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

7. Ownership and Limitations on Use of Intellectual Property

Unless otherwise explicitly stated, the Company and its subsidiaries or affiliates, either own or license the trademarks used on the Site, the products offered on the Site, the appearance and content of the Site, the technology used to provide the Site, and all materials that are included in or are otherwise a part of the Site, including past, present, and future versions, domain names, the underlying HTML, source and object code and the “look and feel” of the Site, including text, images, audio clips, video clips, software and other content (collectively, the "Site Content”). Site Content is protected from unauthorized use, copying and dissemination by intellectual property laws, including copyright, trademark, patent, and other laws, rules, regulations and treaties. You must comply with all such laws. As between you and us, we retain all rights, title, and interest in and to the Site Content. Except as provided in these Terms, the Company prohibits the copying, redistribution, modification or public display of any Site Content without its express written permission. The Company claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Site. Such third-party trademarks are used only to identify their respective owners.

8. Your Limited License to Use of Site Content

We maintain the Site and its contents for your own use, entertainment, and education. The Company grants you a limited, personal, non-exclusive, revocable, and non-transferable license to view and play Site Content as set forth more fully below. The license is subject to your full compliance with the Terms. You may view and download material displayed on the Site for your personal use only, subject to the following provisions:

• (i) You shall retain all copyright, trademark, and other proprietary notices contained within the materials;
• (ii) You shall not distribute, retransmit, republish, reuse, repost, or use the contents of the Site for public purposes, without the Company’s prior written permission;
• (iii) You shall not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on the Site on any other server;
• (iv) You shall not use the Site Content in a manner that suggests an association with the Company or any of the Company’s products, services, or brands;
• (v) You shall not copy or adapt any object code associated with the Site or reverse engineer, modify, or attempt to discover any source code associated with the Site, nor allow or assist any third party to do so (whether or not for your benefit);
• (vi) You shall not use the Site Content for any use other than personal and educational, and will not redistribute, broadcast, or copy it to any other media;
• (vii) You shall not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, copy, distribute, or extract data or other materials from the Site Content (except as may be a result of standard search engine or Internet browser usage).

The materials at the Sites are protected by law, and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms, your right to use the Site will terminate automatically. Except as expressly detailed in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of the Company or any third party.

9. User Content

The Site may provide you the ability to submit content to us or post content publicly on the Site (including, without limitation, photographs, videos, reviews, testimonials, promotion entries, writings, data, questions, answers, comments, and suggestions) (collectively, ”User Content”). Except as otherwise described in the posted Privacy Policy or any other Additional Agreements on the Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant the Company the license. Upon our request, you will furnish us any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

You retain any ownership you have in your User Content, but you acknowledge that we must have a license from you in order to accept your User Content. Accordingly, you grant to us a non-exclusive unrestricted, worldwide, irrevocable, perpetual, transferable, sublicensable, and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. We are not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of the Company. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion.

You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to the Company.

You agree that we are free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize the Company to publish your User Content in a searchable format that may be accessed by anyone. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, Twitter, and Pinterest). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that we have no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. We will not have any obligation to you with regard to User Content and we may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

10. User Interactions and Disputes

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

11. Acceptable Use Policy.

When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Rules ("Rules"):

• User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; or, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere, with appropriate attribution if required.
• No pictures or images of anyone without permission. If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure you have their express permission to post it. If any of the people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.
• Don't upload third party materials without permission. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials without permission. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
• No access-restricted content. Your User Content may not include content that contains restricted or password only access pages, or hidden pages or images.
• No music. Your User Content may not contain any music unless the work and performance are original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
• Keep it relevant. Your User Content should relate to the content on the Site and should be intended to add to the discussion and community on the Site.
• Follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you have any doubts about whether your User Content might offend someone, it’s best to refrain from posting it on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip, or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, ethnicity, gender, sexual orientation or physical handicap or other intrinsic characteristics or that are unlawful, threatening, libelous, defamatory, slanderous, intrusive on another’s privacy, harassing, abusive, vulgar, indecent, obscene, pornographic or sexually explicit or profane.
• Do not post User Content to the Sites for commercial purposes. Your User Content may not advertise or promote a product, service, or promotions (like contests or sweepstakes) except those provided by us on the Site. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You may not engage in any activities that solicit passwords or personal information from other users for commercial or unlawful purposes.
• Do not upload User Content that is inappropriate or illegal. You may not submit any User Content that might be harmful to minors or any others. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
• No violence. Your User Content may not promote violence or describe how to perform a violent act.
• Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. You may not use a false e‑mail address or otherwise mislead us or third-parties as to the origin of any User Content.
• Reviews. Any reviews you post must reflect your true and honest experience with us and our products.
• Public forum. We hope that you will use the Site to exchange information and content and have discussions with other members. However, please remember that you are submitting User Content to a public forum and User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
• Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
• Don't damage the Site or anyone's computers. User Content may not contain viruses, Trojan horses, spyware, or any other technologies that could impact the operation of the Site or any computer system or device.

12. Prohibited Activities and Content

In addition to other prohibitions set forth in these Terms, the following is a partial and nonexclusive list of the kinds of activities and content that are prohibited on or through the Site. You are prohibited from using the Site or its content:

• For any unlawful purpose;
• To solicit others to perform or participate in unlawful acts;
• To violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances;
• To engage in any activity that might be harmful to minors or others;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• To submit false or misleading information;
• To transmit “junk mail” or unsolicited mass mailing or “spam”;
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Sites or any related websites or the Internet;
• To collect or track the personal information of others.

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of the Site or for any other unauthorized purpose without the Company’s prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (c) take any action that imposes an unreasonable or disproportionately large load on the Company’s hardware and software infrastructure. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or any other provisions of the Terms.

13. 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 the confirming email referenced herein.

14. Payment Terms

All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). If an item is ordered off of the internet before we have updated our prices, the purchaser will be notified and given the option to cancel or pay the difference. 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., PayPal). 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.

15. Sales Use Tax

¹ Items sold by the Company and shipped to locations in the US, including territories may be subject to tax. Below is a non-exhaustive list of states from which the Company is required to collect and remit sales tax: Alabama² , Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

16. How tax is calculated

The amount of tax charged on your order depends on many factors, including, but not limited to, (1) the identity of the seller; and (2) 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. The tax rate applied to your order will be the combined state and local rates of the address where your order is delivered to or fulfilled from. For example, if you live in a state that does not impose a sales tax, you may still see tax calculated on your order if shipped to another state that does have a sales tax.

17. Text Messaging Programs

The Company offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Text Messaging Terms and Conditions (Text Terms) govern these text message programs. By signing up to participate in our text messaging programs, you agree to the terms in this clause, the Privacy Policy, and the Terms and Conditions set forth in this Agreement, which are all contracts between us and you that include a mandatory arbitration provision—which requires that disputes are resolved by final and binding arbitration on an individual, not a class-wide basis—and grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. These Text Terms are Additional Terms as defined by the Terms. Please also review our Privacy Policy.

A description of the specific program you are signing up for, including whether it is recurring or one time or limited duration, will be provided with the sign-up information. If you opt-in to a text message program, the Company will provide transactional information and/or marketing text messages. Our text message programs may include shipment status details about packages for which you request shipment status notifications, customer service-related texts, special offers, alerts, rewards, deals, updates, reminders, and other transactional and/or marketing texts and information (e.g. about price drops, low inventory, or new product releases/launches) from the Company. We may send reminders based on your activity on our Site or app, such as abandoned cart reminders, browse abandonment (e.g., information and alerts based on the merchandise you viewed on our Site), and post purchase follow-ups (e.g., offers related to original purchase, product recommendations based on previous purchases, survey or sweepstakes opportunities), which may be based on our use of cookies or other tracking technologies when you view content while logged onto your Company account. You may choose to sign up for other text messaging programs, for example regarding specific programs or events. Messages may be in SMS, MMS or RCS format. Message frequency may vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.

The Company may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number. To opt-in to receive text messages from the Company’s text messaging program, please follow the instructions provided by the Company, which may include texting a message to a short code, providing your phone number online at our Site, or by otherwise providing your consent. You may need to confirm your consent such as by replying Y or through another designated response to an initial text message sent to you.

To stop receiving text messages from the Company’s text messaging program, text STOP to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted-out. To enroll in the text messaging programs, you must be the mobile account holder, a resident of the United States, and 18 years of age or older. If you change your mobile phone number, you agree to promptly notify Outdoor Living Way via Attentive of that change by contacting us at (703) 480-0964 or sales@olwva.com

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. The Company and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. To request more information, you may contact the Company via Attentive at (703) 480-0964 or sales@olwva.com. The Company may revise, modify, or amend these Text Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company's Site. You agree to review these Text Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).

18. Price Match Policy

If you find a lower price on an identical item at a local or online retail competitor company (including shipping and delivery fees), just show us an authentic printout, photo, smartphone display, or app and we may, within our sole discretion, match the competitor company’s price. If the price is actually below our cost (plus shipping and handling), we may offer, within our sole discretion, offer the product to you at the competitor company’s cost (plus shipping and handling).

19. Quote Policy

Prices on quotes are good for seven (7) days from the date sent to you, excluding special pricing, promotional items, or when there is a price increase by the manufacturer. In the event of an increase from the manufacturer, your quote will be updated to the new price and the sales representative you worked with will follow up to discuss available options.

20. Images of Items on Site

In some instances, we may show a picture that does not exactly match the product but helps illustrate what it will look like. Please check the product information and specs before you purchase.

21. Shipping

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 and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

We reserve the right to choose the freight carrier for your shipment. However, please note that we do not have control over the shipping companies themselves. Once a shipment is in the hands of the delivery company, we are unable to change the shipping address or arrange for delivery on a specific day. We can provide you with an approximate delivery time, but this is based solely on the information provided by the delivery company. Please be aware that while UPS and FedEx are our carriers for smaller items, larger items and orders are shipped via freight. Freight delivery is different from the standard shipping process, so it is important that you are prepared and understand what is required of you before the day of delivery.

You are informed that most freight products are shipped on a pallet. Upon delivery, the freight driver will leave the pallet at the curb, and it will be your responsibility to move the shipment up the driveway and into your home or backyard. Please note that most carriers do not call to schedule delivery. While a few carriers may call you to schedule an exact delivery window, most will only provide a tracking number and an estimated delivery date. We will specify which process you can expect in your shipping confirmation email.

If your carrier schedules delivery appointments, you will need to be present at home to sign for the shipment. The delivery will be made with a semi-truck equipped with lift gate services. The shipment will be dropped off at the curb, and it will be your responsibility to transport it to its intended location. We recommend having at least two helpers on standby to assist with your delivery.

It is important to provide the best phone number to reach you during checkout, as the shipping company will use this number to schedule your delivery window. Upon delivery, please inspect your shipment for any missing or damaged items and note these on the signature documents provided by the delivery driver. If any items are missing or damaged, please contact us immediately at (703) 480-0964. You have 5 calendar days from the date of delivery to report any damaged items to us. If multiple items are damaged, you have the right to refuse delivery of the entire shipment. For more information on returns, please consult the Return Policy and Item Return Process and Acknowledgement sections in this Agreement.

If your carrier does not schedule delivery appointments, you will not receive a specific day and time window for your shipment’s delivery, only an estimated delivery date. While you are not required to provide your signature at the time of delivery, we still recommend that you be present when your order arrives. The driver will leave your pallets at the curb whether you are present at the time of delivery or not.

22. Additional Shipping Fees for Remote Areas

You acknowledge that remote or hard-to-reach areas may incur additional shipping fees, and this applies to free shipping as well as regular shipping orders. If your order is being shipped to a location with known shipping restrictions, a customer service representative will contact you within a reasonable amount of time to notify you of any additional charges.

If any provision of these Terms or any Additional Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions to the fullest extent permitted by applicable law.

You acknowledge that we may not always know if your area is remote or will make freight delivery difficult. If you anticipate that a shipping company will have issues reaching your residence, it is your responsibility to inform us of those issues at the time of purchase. Such problems include, but are not limited to, narrow or winding roads, dirt or gravel roads, and vacant establishments. Please note that Outdoor Living Way is not responsible for shipping costs on merchandise that cannot be delivered due to a shipping company’s inability to reach a particular location. Additionally, in-home delivery is neither implied nor offered without additional charge, and it is not necessarily available even if you are willing to pay more for it.

23. Shipping to Army, Fleet, or Diplomatic Post Offices

We are pleased to inform you that we do ship to Army, Fleet, or Diplomatic Post Office addresses. However, please note that such shipments are subject to USPS size, weight, and content restrictions. If we are unable to send a package to your APO/FPO address, we will contact you to work out an alternative. Please be aware that APO/FPO shipments may be subject to additional shipping fees. If such a case arises, we will contact you to notify you of the fees and give you a chance to adjust your shipping address if desired.

24. Return Policy

If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within five (5) calendar days of delivery; (iii) the merchandise is returned in the same condition as originally received by you, i.e., the items must be unused, in an unassembled condition, and within the original packaging; and (iv) the goods are not obsolete or discontinued. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges and a 30% re-stocking fee. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: [URL]). 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. Items that are not eligible for return include the following: (i) used items, including items that have been installed or assembled; (ii) clearance items; (iii) warehouse deal items; (iv) custom-made, special-order and made-to-order products; (v) items marked non-returnable in the item description (vi) items requested outside of the 5-day return period (vii) items that are considered obsolete or discontinued; and (viii) any other item the Company deems unreturnable.

25. Item Return Process and Acknowledgment

If your item qualifies for return you can start the process with the “Submit a Return Request” button. You acknowledge how the return process will proceed: (i) all shipping (to and from) costs are deducted from the refund; (ii) you will receive an email confirming we received your request that will include additional details on the process; (iii) an itemized Return Authorization, return shipping labels, and detailed instructions will be emailed to you upon approval; (iv) approved returns must be returned within 5 days of receiving approval; (v) if your return will be coming back via freight truck, we will require you to provide us with a photo before your return will be authorized (we need a “before” picture in case there is any damage to the item on its way back to us); (vi) your return must be properly packaged in the original outer & inner packaging to help reduce damage and include all original parts, manuals, pieces, packing slips, etc.; (vii) after the Company receives and inspects the return, your refund will be issued; (viii) the processing time for the refund will depend on the payment option used for the order; (ix) any items returned outside of this process or 5-day period are not eligible for a refund; (x) any items returned on your own are not eligible for a refund.

26. Definition of Defective Products

Defective products refer to products that do not meet the intended purpose or function due to a manufacturing error or design flaw.

27. Defective Products Policy

If you receive a defective product, please contact the manufacturer associated with the product. The manufacturers that we carry have great processes to assist in the event you are confronted with a defective product. A manual detailing the product manufacturer who manufactured the product should be shipped out with all products. The contact information of the manufacturer should be contained in the product manual.

If you are advised to contact us, our knowledgeable Support team will guide you through the manufacturer’s warranty process. Please be aware of the following information we need and how the process normally proceeds:

• The defective item must still be within the manufacturer’s warranty period.
• You will need to supply any serial numbers, a description of the issue, and any pictures or videos depicting the issue.
• The Company is the expert, so we will attempt to troubleshoot with you to verify that it is a defect.
• We report this to the manufacturer to begin the claim.
• The manufacturer will review the claim, then they will approve or reject it.
• The time for the manufacturer to respond may vary depending on the manufacturer’s internal processes.
• If approved, the warranty process begins, and service, parts, repair, or any combination of those as needed will be provided in accordance with the manufacturer’s warranty.
• Some parts or items may need to be returned to the manufacturer for quality control.
• The Company is not responsible for reimbursement of any labor costs or project delays that may occur due to the receipt of defective goods. We recommend that you wait to schedule installation until after your order has arrived and items have been fully inspected.
• All shipments should be opened and inspected within 48 hours of delivery of the product(s) (hereinafter “Company Warranty Period”). It is recommended that you check for visible defects and damage during the Company’s Warranty Period at this time as well as damages to prevent any delays with getting to use your item(s).
• If your item has a defect outside of the Company’s Warranty Period:
  • We will not be able to facilitate a claim to the manufacturer.
  • Any replacement parts or whole units at this point can be purchased by you through the Company (contact us for pricing and availability).
  • Parts or whole replacement units may not be available for discontinued items.

28. Definition of Damaged Products

Damaged Products refer to any physical harm caused to the product during transit, storage, or handling. This includes scratches, dents, or broken parts.

29. Damaged Products Policy

If you receive a damaged item, you must notify us within five (5) calendar days of delivery. Open and inspect all items upon delivery. If you are not immediately installing the product, you are still required to open and inspect the product for damage(s). You acknowledge and agree to the following disclaimers regarding the return policy of damaged products:

• Refuse the item with the carrier if you’re able to do so.
• If you accept the item, report damage to the Company (after inspecting the box and inner items/contents) within 5 calendar days.
• We will then offer parts, a discount to keep as is, or allow a return for refund/replacement.
• The Company only accepts returns for new and unused items. WE WILL NOT ACCEPT RETURNS FOR USED ITEMS UNDER ANY CIRCUMSTANCES.
• If you choose to keep the item for a discount, you have 5 calendar days to reply to accept or reject the discount offer from us.
• Keep all of the packaging, the box, and all items/pieces, in the event the item needs to be returned to us.
• For damage reported after 5 calendar days:
  • No refunds, store credits, or free parts will be offered or issued. This is non-negotiable. We will only be able to sell you replacement parts for a repair.
  • This is outside of the Company’s time frame to file any claims with the carrier or manufacturer/shipping warehouse.
  • We may require pictures of the item to determine the parts potentially needed.

30. Incorrect Addresses, Failed Deliveries

If an item is returned due to an incorrect address, you will be responsible for the shipping costs both ways. If an item shipped via freight is returned because the freight company couldn’t reach your residence, it will be considered a return and will be subject to our regular return policies.

31. Shipping Outside of the United States

Shipments to Alaska and Hawaii are sent via FedEx 2Day and require an individual quote. If you order via phone, you will be notified of the extra shipping charges before placing your order. If you order online, a customer service representative will contact you shortly after your order is placed with the additional shipping charges (before the item is shipped). We do not ship items directly to Canada, but we will ship to your desired US-based freight forwarder. Please contact your freight forwarder to obtain their shipping and receiving processes. You will be responsible for all duties and tariffs on Canadian shipments, along with coordinating with the freight forwarder for delivery to the final destination. For assistance, please call (703) 480-0964.

32. Communications With the Company

We welcome your comments. However, please do not send us any unsolicited creative ideas, original materials, or suggestions relating to products or marketing plans. You acknowledge that we may be working on or developing material similar or the same in nature and that we may have received similar or the same intellectual property rights from another party. We shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site. The Company owes you no obligation connected to your submissions. Any discussion or negotiations between you and the Company regarding your submissions does not constitute recognition of the novelty or originality of your submission. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).

33. Privacy Policy and Website Terms of Use

Please review our Privacy Policy, which can be found at the following URL: Privacy Policy. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. This Agreement governs your use of our Site in general.

34. Representations and Warranties (R&Ws); Disclaimers; Limitations on Liability

If an item is returned due to an incorrect address, you will be responsible for the shipping costs both ways. If an item shipped via freight is returned because the freight company couldn’t reach your residence, it will be considered a return and will be subject to our regular return policies.

• (a) Your Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder 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.
• (b) Manufacturer’s Warranty and Company’s Disclaimers. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is”, “as available”, and “with all faults” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) 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). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
• (c) General Disclaimers of Warranty. To the fullest extent permissible by applicable law, except as otherwise expressly provided in our Additional Terms, the Company and its subsidiaries, affiliates, directors, officers, employees, agents, contractors, interns, suppliers, vendors, service providers, licensors, or other representatives of each of them (collectively, “Company Parties”) do not make any warranties, representations, endorsements, or conditions of any kind whatsoever, either express or implied, as to: (1) the Site or Site Content, (2) products and services sold by the Company, (3) User Content; or (4) the security associated with the transmission of information to the Company or via the Site including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement, and as to quality, availability and subject matter of content. Nothing herein shall be construed to affect any manufacturer’s warranty that may be included with your product purchase. Although we use reasonable efforts to ensure that all software provided at the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. To the fullest extent permissible by applicable law, the Company disclaims all warranties: (1) that the Site will meet your requirements; (2) that the Site or access to them will be uninterrupted, timely, secure, or free of errors or omissions; (3) that defects will be corrected; (4) that the Site or the servers hosting them will be free of viruses or other harmful code or components; or (5) that the Site or its contents will continue to be available. You agree that from time to time we may disable the Site for indefinite periods of time or shut down the Site at any time, without notice to you. The Company will have no liability for any such issues. Your access to, use of, and/or participation in the Site, or inability to access, use, or participate, is solely at your own risk. The Company does not represent or warrant that your use of materials displayed on the Site will not infringe rights of third parties. Information published at the Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, and to the fullest extent permitted by applicable law, the Site, Site Content, and all products and services sold by the Company (except as otherwise expressly provided in our Additional Terms or an applicable manufacturer’s warranty) are provided "AS IS", “as available,” and “with all faults.”

  If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue accessing and using them. By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. The Company does not warrant that your use of the Site is lawful in any particular jurisdiction, and the Parties specifically disclaim such warranties.

  Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

35. Customer Safety & Security

We take the security of your transactions very seriously. All purchasing transactions occur over a secure connection, which means that while someone could theoretically listen to the conversation between your computer and our server, they would not be able to understand it. Our connection is encrypted with the highest standards and latest technologies available. In addition, we check our Site daily to verify the security of our Site and your transactions, ensuring that you can shop with confidence.

36. Liability Cap

Under no circumstances, including negligence claims, will Company’s obligation or liability under this agreement exceed the purchase price you paid on the Site for any goods or services, or, in the event there has been no amounts paid, the amount of ten United States dollars ($10.00). Additionally, under no circumstances will we be liable to you or anyone else for any injury, loss of use, data, business, goodwill, reputation, or revenue, and/or any consequential, incidental, special, or punitive damages or other direct or indirect losses (collectively, “Damages) of any kind. Additionally, under no circumstances, including negligence claims, will the Company be liable to you or anyone else for any Damages that result from the use of or inability to use the Site, nor shall Company be responsible for any Damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Company’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the Site’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will Company or its affiliates or agents be liable for any Damages of any kind that result from the use of, or the inability to use, the Site, even if Company has been advised of the possibility of such damages or should have known of the possibility of such damages. By using the Site, you hereby release the Company from any and all claims, damages or losses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, that you may have against us arising out of or in any way relating to the Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages. As a result, the above limitation or exclusion may not apply to you, and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of the Company’s negligent, fraudulent, or reckless act(s) or intentional misconduct. By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows:

• A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

37. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold the Company harmless from and against any and all claims, demands, costs, investigations, liabilities, judgments, settlements and expenses, including reasonable attorneys’ fees, made by any third party, due to or, directly or indirectly, arising out of or directly or indirectly related to: (A) your User Content; (B) your use or misuse of the Site or activities in connection with the Site; (C) your breach of these Terms or the documents it incorporates by reference or anticipatory breach; (D) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (E) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, moral or artist rights, trade secret, trade dress, patent, publicity, privacy or other rights of any person or similar matter; (F) any misrepresentation made by you; or (G) the Company’s use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Outdoor Living Way. The Company reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such cases you agree to cooperate with us to defend such claim. You will not in any event settle any claim without the prior written consent of a duly authorized employee of the Company.

38. Termination

If you violate any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Site Content. We reserve the right to immediately terminate your access to or registration on the Site, remove material from the Site, take other remedial actions, and seek any remedies permitted by law. The obligation and liabilities of the parties prior to termination will survive the termination of this agreement for all purposes.

We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any emails you send to the Site or us. Any violation of these Terms may be referred to law enforcement authorities. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms.

39. Accuracy, Completeness and Timeliness of Information

The Site has been developed by the Company to provide you with information about the Company’s products and services. The information on the Site may become out of date over time. From time to time, the Site may feature blog, writings, articles, and videos with, for example, grilling tips, recipes, product reviews, kitchen services, patio layout or exterior design, and other types of instructional videos (collectively, the "Instructional Information") from a variety of sources. You are solely responsible for the proper use of the Instructional Information. The Company is not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is the Company responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on the Sites. We are not responsible if information made available on the Sites is not accurate, complete, or correct.

40. Third Party Links

The Site may from time-to-time display links to other third-party websites or resources as a convenience to you. The Company is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to the Site. We have not reviewed any or all of the third-party websites linked to the Site. We are not responsible for the content of any off-site pages, or any other websites linked to the Site.

Neither the Company nor its service providers are responsible for the practices of any third parties. Your correspondence and business dealings with third parties found through the Site, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

41. Social Distribution and Widgets

The Company may allow you to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, the Sites may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third-party web site. You understand that only the Company can make claims, promises, or statements on behalf of the Company about its products and services. You agree not to make any claims, promises, or statements on behalf of the Company about its products and services. You also agree that you will not imply that you and the Company are affiliated in any way or that the Company approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.

Similarly, the Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.

42. Notice to Third Party Sites

Any Site Content made available in connection with your web page, social networking site, or otherwise, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.

43. Linking Policy

The Company grants you the revocable permission to link to the Site, provided, however, that any link to the Sites: (i) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (ii) must not imply that the Company or the Site are endorsing or sponsoring any third party or its products or services, unless the Company has given the third party prior written consent; (iii) must not present false information about, or disparage, tarnish, or otherwise, in Company’s sole opinion, harm the Company or its products or services; (iv) must not use any Company trademarks without the prior written permission from the Company; (v) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Company’s sole opinion); and (vi) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, the Company reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

44. Intellectual Property

Except as provided in these Terms, content on the Site may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the intellectual property owner. The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. If you are the owner of intellectual property and believe that your intellectual property has been improperly posted or distributed via the Site, please refer to the policies articulated in the Reporting Claims of Intellectual Property Infringement clauses of this Agreement.

45. Reporting Claims of Copyright Infringement

The Company encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. It is our policy to expeditiously respond to clear, legally valid notices of copyright infringement that comply with the criteria established by Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”). If you believe any materials on the Company’s Site infringe your copyright, you may submit a notification by providing the Company’s Designated Copyright Agent (hereinafter “copyright agent”) with the following information in writing or via email:

• Your physical or electronic signature;
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Sites the material you claim is infringing may be found, sufficient for the Company to locate the material (e.g., the URL);
• Your name, address, phone number, and email address (if any);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, that you are the copyright owner or authorized to act on the copyright owner's behalf.

We suggest that you consult your legal advisor before filing a notice with the Company’s copyright agent, because there may be penalties for false claims.

The Company has a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millenium Copyright Act (hereinafter “DMCA”) requirements have been met. We may request additional information before we remove any infringing material. If we request additional information necessary to make your DMCA notice complete, please provide that information promptly. If you fail to comply, your DMCA notice may not be processed further. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. A copy of your notice, including any contact information provided, may be provided to third parties, including the complainant or the user who posted the content being reported.

46. Reporting Claims of Other Intellectual Property Infringement.

If you believe that any content on the Site violate your exclusive rights other than copyrights, please provide the Company at least the following information:

1. Your physical or electronic signature;
2. Identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material;
3. An explanation of the exclusive rights that you own/have and why you believe the content infringes those rights, sufficient for us to evaluate the complaint; and
4. An accurate contact information for you. Please send your complaint regarding content on the Site via mail at 42365 Azalea Lane, Dulles, VA 20166, US, via email at sales@outdoorlivingwholesale.com, or via phone at (703) 480-0964 .

47. Mobile Features

The Site may offer features that are available on your mobile phone or other mobile device. These features may include the ability to connect your Company product to a Company or third-party application, receive messages, or otherwise access features of the Site (collectively, “Mobile Features”). Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. For example, the instructions may require you to text a keyword (e.g. “STOP”) to the applicable short code for the Mobile Feature.

You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding the Company or other parties. If you have registered for Mobile Features, you agree to notify the Company of any changes to your mobile number and update your account(s) on the Site to reflect this change.

48. Location of the Sites and Territorial Restrictions

The Company controls and operates the Site from the United States of America. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation that these materials are appropriate for use in other locations. We reserve the right to limit the availability of the Site or any portion of the Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If you use the Site from other locations you are responsible for compliance with applicable local laws. Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to any country or individual in a manner prohibited under the export control laws of the United States or Canada. By downloading any software related to the 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 on any such list.

49. Third-Party Beneficiaries

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall 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.

50. Force Majeure

Company shall not be held 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, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

51. Assignment

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, 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 hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

52. Partial Invalidity

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

53. Governing Law

• (a) Choice of Law. These Terms shall be governed by the laws of the State of Virginia without regard to its conflict of laws principles.
• (b) Choice of Forum. Any disputes arising out of these Terms or your use of the Site not subject to Binding Arbitration will be heard only in the state or federal courts located in Loudoun County, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts.

54. Binding Arbitration

You agree to waive: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by JAMS Mediation, Arbitration, and ADR Services in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in Loudon County, Virginia. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Virginia. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. The Company is responsible for all of its own costs and attorney fees associated with the arbitration process. You are responsible for all of your own costs and attorney fees associated with the arbitration process. However, if the Company is the prevailing party in the arbitration dispute, or the arbitrator determines that your claims are frivolous, the Company is entitled to reimbursement for the amounts that it expended throughout the arbitration process. 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.

55. Filing a Claim Prior to Arbitration

To begin a claim, you must first send a letter describing your claim in detail, including:

• a. Your name
• b. Your contact information, including your email address, phone number, and home address
• c. Your legal claim
• d. The specific facts giving rise to your claim, including the date(s) and amount(s) of any relevant transaction or interaction with us
• e. The requested relief

All claims must be filed with the Company’s legal team via mail at 42365 Azalea Lane, Dulles, VA 20166, US, via email at sales@outdoorlivingwholesale.com. By agreeing to these terms, both parties commit to negotiating an informal resolution of your claim in good faith. If a resolution is not reached within thirty (30) days, you may initiate an arbitration action as described herein. The arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services, a reputable alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, exclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures, which are available at http://www.jamsadr.com/rules-streamlined-arbitration. All other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, which are available at http://www.jamsadr.com/rules-comprehensive-arbitration. If JAMS is unavailable to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Company will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Company after the offer of judgment is made to the extent permitted by applicable law.

56. Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of these Arbitration clauses, including any claim that all or any part of these Arbitration clauses are void or voidable. The arbitration proceeding will decide the rights and liabilities, if any, of you and the Company, and will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

57. 30-Day Right to Opt Out of Arbitration

You have the right to opt out of the requirements set forth in these Arbitration clauses by sending written notice of your decision to opt out to the Company’s Legal Department within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of these Arbitration clauses. If you opt out of these Arbitration clauses, all other parts of these Terms will continue to apply to you. Please note that opting out of these Arbitration clauses has no effect on any other arbitration agreements that you may currently have or may enter into in the future with the Company.

58. Severability of Arbitration Clauses

If any part or parts of this Agreement’s Arbitration clauses are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed. The remainder of the Arbitration clauses will continue in full force and effect.

59. Survival of Agreement to Arbitrate

The Arbitration Clauses in this Agreement will survive the termination of your relationship with the Company.

60. Modification of Arbitration Clauses

We agree that if the Company makes any future material change to this Agreement’s Arbitration clauses, it will not apply to any individual claim(s) that you had already provided notice to the Company, notwithstanding any provision in these Terms to the contrary.

61. 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 ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute, which means that you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

62. Acknowledgement and Consent to Receive Electronic Communications

All communications between you and the Company will be conducted electronically, whether you visit the Site, send emails or other electronic communications, or receive notices from Outdoor Living Way via email or other electronic communications. By agreeing to this clause, you are consenting to receive all communications from the Company in an electronic form. Additionally, you agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. This means that electronic communications from the Company are legally binding and enforceable. However, your statutory rights are not affected by this clause.

63. Company Discretion to Limit or Cancel Orders

We reserve the right to refuse any order or any part of any order you place with the Company. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering, and/or any other violation of these Terms. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms. By using our services, you agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

64. Severability of Terms of the Entire Agreement

If any provisions or sub-provisions of the Terms of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

65. No Waivers

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

66. Notices and Updated Contact Information

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at sales@outdoorlivingwholesale.com or (ii) personal delivery, overnight courier, or registered or certified mail to: Outdoor Living Way c/o Sales 42365 Azalea Lane, Dulles, VA 20166, US.

67. Entire Agreement

These Terms, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any Terms and Conditions that may be provided in connection with any promotion or other sale, and our Site’s Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and the Company with respect to the subject matter hereof.