Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Outdoor Recreation Company of America. The collective work includes works that are licensed to Outdoor Recreation Company of America. Copyright 2003, Outdoor Recreation Company of America ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Outdoor Recreation Company of America or purchasing Outdoor Recreation Company of America products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Outdoor Recreation Company of America or to purchase Outdoor Recreation Company of America products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Outdoor Recreation Company of America. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Outdoor Recreation Company of America used in the site are trademarks or registered trademarks of Outdoor Recreation Company of America


Warranty
Outdoor Recreation Company of America warrants ORCA Coolers to be free from manufacturers defects in material or workmanship under normal use and service for a lifetime from the date of original purchase. This warranty is your exclusive warranty and there are no warranties that extend beyond the description warranted here. If warranty applies, ORCA Coolers shall either repair the product or component or provide you with a replacement product or component if it provides defective under the terms of this warranty within the lifetime of the original purchaser. The warranty is not transferable. Owner must present original proof of purchase to obtain warranty service. Dealers, service centers or retail stores do not have the right to change the terms and conditions of the warranty. This warranty is not valid if the product or components have been: (1) used commercially, (2) damaged through abuse, misuse or neglect, (3) damaged in an accident, (4) unreasonably used or used for any purpose for which it was not intended, (5) repaired or altered in any way from its original configuration, (6) damaged due to any act of nature. Normal wear and tear, including dents, slight warping, scratches, discolouration, fading, nonsticking graphics or wear to skid pads is not covered under this warranty. Loss of parts or components removed from the product is not covered under the terms of this warranty. ORCA Coolers is not responsible for incidental or consequential damage resulting from any malfunction. ORCA Coolers reserves the right to change products and designs without incurring any obligations to incorporate such changes into already completed products, or those in the possession of dealers or consumers. Coolers repaired or replaced under this warranty may or may not incorporate these changes. Please carefully review the care instructions manual for proper use and care of your ORCA Cooler. Damaged products must be returned directly to ORCA Coolers, in its original box or adequate packaging, freight prepaid at customer’s expense. Please include a copy of original sales receipt and the return authorization number with the product. To obtain a Return Authorization number, call 1.888.640.6722


Limitation of Liability
Outdoor Recreation Company of America shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Outdoor Recreation Company of America has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Outdoor Recreation Company of America product is mistakenly listed at an incorrect price, Outdoor Recreation Company of America reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Outdoor Recreation Company of America reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Outdoor Recreation Company of America shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Outdoor Recreation Company of America without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Outdoor Recreation Company of America may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Outdoor Recreation Company of America.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Outdoor Recreation Company of America or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Outdoor Recreation Company of America does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Outdoor Recreation Company of America is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Outdoor Recreation Company of America reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Outdoor Recreation Company of America in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Outdoor Recreation Company of America, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Outdoor Recreation Company of America may link to sites operated by third parties. However, even if the third party is affiliated with Outdoor Recreation Company of America, Outdoor Recreation Company of America has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Outdoor Recreation Company of America. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Outdoor Recreation Company of America seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).