ADK Outdoors – Updated Terms and Conditions
ADK Outdoors (“ADK Outdoors” or “Seller”) works to make each item stand out. All items that are produced by ADK Outdoors are custom manufactured from scratch to meet your specific design needs. By agreeing to this order, the signatory to this agreement (“Buyer”) consents to the following Terms and Conditions and agrees that such Terms and Conditions govern the transaction between Buyer and ADK Outdoors:
1. Acknowledgments, Authorization and Payment – Buyer has reviewed the order to confirm the correct items and prices. Buyer acknowledges that the image shown is not necessarily to scale. By indicating acceptance of the Work Order and making payment via ADK Outdoors online ordering tool, Buyer authorizes ADK Outdoors to begin production on the Order and to charge Buyer’s credit card in the amount reflected on the Order. Following such charge, no changes may be made to a custom order. ADK Outdoors is not responsible for any errors in the final product caused by information provided by Buyer (including player names, sizes, colors, material selections).
2. Shipping and Manufacturing Policy – Because Seller’s products are custom-made, all orders will go through the manufacturing process except in which cases the Buyer has purchased a third party product not manufactured by the Seller. In which case the Buyer has purchased an item manufactured by the Seller, the Buyer understands that there is a 2-14 day manufacturing time for all orders. Also, the Seller maintains the right to refuse any order due to work load if the Seller believes they cannot fulfill the order in a timely manner. In the aforementioned case the Buyer will be issued a full refund within 3 days of the purchase and the Buyer understands that refund processing times are subject to varied delays based on the Buyers bank or payment processing method.
3. Returns and Refund Policy – Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available.
4. Material and Colors – Seller strives to accurately depict all colors on its website and in its Orders; however, colors displayed on Seller’s website and in Orders are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, color reproduction on the Internet is not precise. Accordingly, ADK Outdoors does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
5. Design Policy –Seller reserves the right to refuse Buyer design requests for any reason, including but not limited to material Seller deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property. Seller is currently not accepting any requests for special, cause-related products as seller evaluates that part of our business.
6. Representations and Warranties – Buyer represents and warrants that it has the necessary rights and permissions to use and exploit any submitted payment methods
7. Indemnification – Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
8. DISCLAIMER OF WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
9. LIMITATION OF REMEDIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
10. Governing Law and Jurisdiction – These Terms and Conditions and transaction hereunder between Buyer and Seller will be governed and construed in all respects by the laws of the State of Indiana, without regard to principles of conflict of laws. Buyer consents to the exclusive jurisdiction of the courts of Marion County, Indiana, and the United States District Court for the Southern District of Indiana for any dispute, action or proceeding arising out of or related to these Terms and Conditions or the transaction hereunder between Buyer and Seller.
11. Force Majeure – Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Seller.
12. User Content – If Buyer or Buyer Team Representative(s) provides photos and/or testimonials to Seller, Buyer authorizes Seller to use such photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is original to it, that Buyer owns all applicable legal rights in such content, and that the content does not infringe upon the rights of any other person or entity, including individuals depicted within the content. Buyer certifies, represents and warrants that any individual depicted in any content submitted to Seller has given permission to use his or her likeness in the marketing of Seller’s goods and services or Buyer has the authority to attest to this release on his or her behalf.