Terms & Conditions

Orders will not be scheduled or entered into production until an account has been established or made current. Accounts past due are subject to finance charges of 1.5% per month (18% annually) or the maximum rate allowed by law. Credit terms are subject to change without notice. Customers will be liable for any costs incurred in the event the account is placed for collection. Return checks are subject to a $25.00 return check charge. Orders paid via credit card will incur a 3% convenience fee. Any past due balances paid via credit card will incur a 4% convenience fee.


As an alternative to opening a credit account, the following payment terms are available:

  • Credit Card – Mastercard, Visa or Discover
  • Wire Transfers
  • ACH Payments
  • Cash In Advance – Full payment for product and freight before shipping orders.
  • Performa – A 50% deposit is required to begin production with the remaining balance due prior to the shipment of the order.

Oak Street Manufacturing operates on a made-to-order basis, therefore all credit requirements must be satisfied before the order can be scheduled into product.

New Accounts

To apply for an open account, complete Oak Street Manufacturing’s credit application. All accounts must provide tax exempt documentation for the resale of restaurant furniture to receive dealer pricing or ship orders.

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Pricing

All prices are subject to change without notice. All prices are list prices in US dollars.

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Estimates & Quotes

All estimates & quotes are good for 30 days from quote date unless otherwise noted.

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Purchase Orders

All purchase order must be submitted in writing via fax, mail or e-mail. Each purchase order must be on letterhead and bear the buyer’s name. To avoid duplication of a faxed order, do not mail a confirming copy. A verification of approval is necessary. Dealers are responsible for providing the acknowledgement, signing and faxing it back before production begins. Please note that the estimated lead time begins after all approvals are received.

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Deposits & Prepayments

For customers with open terms, all custom purchase orders over $5,000.00 will require a 50% deposit. For prepay customers, all customer product purchase orders will require prepayment in full. Order will process on receipt of deposit or payment. Any custom orders placed on hold during the production process will result in additional lead time.

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Billing

Invoices will be emailed to customers within 48 hours of shipment unless otherwise requested.

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Minimum Order Fees

All custom laminate table top orders in quantities less than 4 will be charged a small order fee.  All solid wood table top orders in quantities less than 5 will be charged a small order fee.

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Samples

Samples are available for a 50% discount and freight cost for applicable warehouse locations.

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Matching Orders

When matching a previous shipment, detailed information must be stated on the new purchase order. Please include a customer’s original purchase order, Oak Street’s original invoice number, and sales order number and approximate ship date. Some necessary materials may no longer be available. If matching a previous order is impossible due to unavailable materials, the customer will be notified.

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Product Specifications

Designs & specifications are subject to change without notice. All weights are approximate. Dimension & drawings are nominal. Standard colors & finishes are subject to change without notice.

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Order Changes

Should circumstances require a change or cancellation of an order during production; a substantial service charge will be levied according to the order status at the time.

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Storage Fees

Completed orders that require a delay in shipment of 7 days or more will be subject to a storage fee of up to 10% of the order total per week.

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Cancellations

Custom orders cannot be cancelled once a purchase order is received & materials have been ordered.

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California Proposition 65

California's Proposition 65 entitles California consumers to special warnings for certain products that contain chemicals above certain threshold levels.

The general Proposition 65 notice is as follows: WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

Proposition 65 notice for wood products is as follows: WARNING: Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer. Use a respirator or other safeguards to avoid inhaling wood dust.

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Shortage of Goods

The customer must note any shortage of cartons or products on the delivery receipt BEFORE accepting delivery from the freight company. Oak Street Manufacturing affirms all products are inspected & the number of pieces being shipped is noted on the freight bill of lading. If the customer does not inspect & note shortages on the delivery receipt, Oak Street Manufacturing is not responsible for replacing shorted items until a freight claim has been issued & approved by the freight company. If the customer needs items immediately, the items will be replaced at the customer’s expense. Oak Street Manufacturing will reimburse those expenses when the freight claim is approved.

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Returned Goods

No merchandise can be returned without Oak Street Manufacturing’s return authorization. If return authorization is granted, the authorization number must be shown on the outside of the carton. A copy of the related invoice must be included & returned within 30 days of the date of the related invoice. Return authorizations will not be issued after 30 days from the original date of invoice. Merchandise must be shipped prepaid in new & unused condition, not damaged & in original carton or packaging. All authorized returns are subject to a 25% restocking fee. Customers deductions are a related invoice will not be honored & those amounts will be considered past due. Customer deductions from the related invoice will not be honored & those amounts will be considered past due. Credit memos will be mailed or faxed & can be deducted from a future invoice. Return authorization numbers expire 30 days after being issued.

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Backorders

Oak Street Manufacturing will notify customers of backordered items. Customers will have the option to cancel backordered items if they will delay the shipping of an in-house order. If customers choose to have items ship upon arrival, the items will be shipped at customer’s expense.

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Outdoor Use

All products intended for indoor use only unless specifically labeled as outdoor furniture, granite tops or DuraFinish bases. Placement of indoor furniture outdoors nullifies all warranties.

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Tracking Shipments

To track shipments, contact your sales representative at Oak Street Manufacturing for tracking numbers, freight company telephone number & website.

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Preferred Carriers

Oak Street Manufacturing preferred carriers are: FedEx Ground, Midwest Motor Express, YRC Fright, N & M Transfer, R & L Carriers, Estes Express, Old Dominion, Panama Transfer & USF.

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Freight Claims

The recipient has the right to inspect all shipments before signing any bill of lading. In the event an order arrives damaged, incomplete or overstated, the customer is required to make the appropriate notations on the delivery receipt BEFORE the bill of lading is signed. Please note all boxes leave Oak Street damaged-free. Products in boxes with damage are re-boxed. Report any product or quantity discrepancies to the carrier and to Oak Street Manufacturing immediately and note issue of bill of lading to allow for inspection and prompt issue resolution. When freight claim issues arise with a customer’s designated carriers, the customer is responsible for filling freight claims. In the case of concealed damages, the customer is responsible for contacting either the carrier upon discovery of the damage or shortage of goods. Oak Street Manufacturing will not be held responsible for any concealed damage claims. For more detailed information regarding how to properly accept freight shipments, click here.

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Freight

Due to a large volume of outbound freight, Oak Street Manufacturing has been able to negotiate outstanding freight programs with our primary LTL AND FULL TRUCK LOAD freight carriers. Freight will be prepaid and added unless the dealer specifies differently. The customer is responsible for providing detailed and correct destination shipping information. Additional charges due to incorrect or insufficient shipping information will be billed to the customer. Third party billing and drop shipping is available upon request. Please have personnel on hand to receive shipments. Drivers are not obligated to assist in the unloading of product. It is the driver’s responsible to get the freight to the rear of the trailer only. Inside or life gate delivery is not included but available upon request FOR AN ADDITIONAL CHARGE. To ensure the best freight rates and shipping safety, some items ship with simple assembly required. Oak Street Manufacturing will schedule pick-ups according to the manufacturing schedule and customer delivery needs, but is not responsible for freight estimated transit times. Guaranteed delivery dates are available for a charge. Freight quotes are estimates only based on fuel surcharges and discounts on the date of the estimate. Oak Street Manufacturing will determine the best freight call to ship all products. Will call pick-ups may be made at ANY Oak Street Manufacturing FACILITY - Please clearly note WILL CALL on the purchase order. The customer will be notified once the shipment is available.

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Scheduled Delivery

Ship date estimates are shown on all sales order acknowledgements. Our best efforts are made to schedule each order based on the customer’s requirements. Shipment of an order may be delayed if credit terms have not been satisfied or the account is not current. The scheduled ship date is subject to change due to weather, strikes, accidents, material availability and other factors beyond Oak Street Manufacturing’s control. Guaranteed delivery dates available for additional freight charge.

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Printed Material

Oak Street Manufacturing is not responsible for typographical or printing errors in our catalog. All such errors are subject to correction. Due to the catalog printing process, colors shown may not be exact.

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Credit Card Payments

Oak Street Manufacturing accepts Mastercard, Visa and Discover cards as methods of payment. There is a 3% credit card processing fee rendered at time of shipment and invoicing. If payment is made after time of shipment and invoicing Oak Street Manufacturing reserved the right to charge a service fee of 4% upon receipt of payment.

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Collection Costs

By placing a purchase order with Oak Street Manufacturing, all customers agree to become responsible for any collection costs associated with invoices that go past payment terms.

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Warranty

All Oak Street Manufacturing products are warrantied for indoor use with the exception of outdoor furniture and granite table tops when paired with Oak Street outdoor bases. Oak Street Manufacturing warrants all of its products and their components shall be free of defects in material and workmanship for 12 months from the date of purchase with the exception of swivels and vinyls (see below). If any of these products is found to be defective in material or workmanship during the first 12 months after original purchase date and if the product or component has been properly installed and maintained by purchaser, Oak Street Manufacturing will, at its option, replace or repair the product or component only without charge. Any off-site warranty repair must be pre-approved by Oak Street BEFORE repair work begins in order to receive reimbursement. This warranty policy does not include installation or fright of the warranty items. This warranty does not apply to modified products or to those damaged by accident, abuse, neglect or misuse. When customers supplied its own vinyl or fabrics, or chooses unfinished products, there is no Oak Street Manufacturing warranty. The extent of Oak Street Manufacturing’s liability is limited to the purchase price of the product sold. In no event will Oak Street Manufacturing be liable for injury, loss or damage, whether direct, consequential or incidental, to persons or property arising out of the purchaser’s care or neglect. This warranty does not cover any items which have been in storage, freight damaged, improperly cared for or abused, neglected or misused.

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Swivel Warranty

Oak Street Manufacturing warrants import swivels for 90 days from the date of purchase. Domestic swivels are warranted for one year from date of purchase. If swivels are found to be defective in material or workmanship during their warranted period after original purchase date and if the product or component has been properly installed and maintained by purchaser, Oak Street Manufacturing will, at its option, replace the swivel only without charge. This warranty policy does not include installation or freight of warranty items. This warranty does not apply to modified products or to those damaged by accident, abuse, neglect or misuse.

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Vinyl & Upholstery Warranty

Oak Street Manufacturing’s warranty covers only manufacturer’s flaws in vinyl and upholstery. Oak Street Manufacturing’s warranty does not cover damage or decreased performance caused by punctures, tears, excessive wear or color loss of any kind. Oak Street Manufacturing disclaims all liability for damage due to fabrication, installation or other labor related costs. When a customer supplies its own vinyl or upholstery, there is no warranty by Oak Street Manufacturing.

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Solid Wood, E*Wood & ProWood Table Top Warranty

Finished products are warranted only to the original customer and only against defects in workmanship for a period of one year from the date of invoice. Oak Street Manufacturing’s liability and the customer’s sole remedy for any breach of such warranty, breach of contract or negligence regarding a product is limited to the purchase price of the product. We are not responsible for any incidental or consequential damages incurred as a result of defective product such as re-installation costs or breach of contract, nor are we responsible for special or punitive damaged. This warranty does not apply to any unfinished products, mineral oil products, or customer’s own materials used in manufacturing product. We provide no warranty for such products. Placement of glass sheets or vinyl coverings over the tabletop surface will also void the warranty. Except where noted, our products are not intended for outdoor use and no warranty is made with respect to goods used outdoors which are not intended for use outdoors. Even where our products are designed for outdoor use, our warranty is limited solely to defects in workmanship for a period of one year from the date of invoice. We do not warrant or represent that the products satisfy and fire code, other fire standard, or any other standard. This warranty does not cover any items which has been in storage, freight damaged, improperly cared for or abused, neglected or misused, nor does it cover any item repaired by someone other than one of our employees unless previously authorized by us in writing. We have the option of repairing or replacing any defective item. All claims under the above warranty must be made not later than the earlier of (A) a reasonable period after discovery of any condition that may lead to a claim (not to exceed 30 days) or (B) the date which is one year from the date of our invoice and for the product. It is the customer/user’s responsibility to maintain a 30% humidity level to accommodate Solid Wood, E*Wood and ProWood tops.

Oak Street Manufacturing’s written warranties above are in lieu of all other expressed or implied warranties and we expressly disclaim any and all implied warranties of merchantability or fitness for a particular purpose. There are no warranties which extend beyond the description of the product list.

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Terms of Use

Last updated 04/24/2020

 

 

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Oak Street Manufacturing ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.oakstreetmfg.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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 which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PRODUCTS

 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

 

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars (USD).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

 

USER GENERATED CONTRIBUTIONS

 

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
    3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
    4.  Your Contributions are not false, inaccurate, or misleading.
    5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
    9.  Your Contributions do not violate any applicable law, regulation, or rule.
    10.  Your Contributions do not violate the privacy or publicity rights of any third party.
    11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
    12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
    13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

 

CONTRIBUTION LICENSE

 

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

 

These terms shall be governed by and defined following the laws of the state of Iowa. Oak Street Manufacturing and yourself irrevocably consent that the courts of Jones County shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Oak Street Manufacturing

255 Welter Dr., Monticello, IA 52310

Phone: (877) 465-4344

These terms of use were created using Termly’s Terms and Conditions Generator.