TERMS OF SERVICE

Last updated: February 11, 2023

Welcome to The OffBeat Shop website (the “Site”), owned and operated by The OffBeat Shop LLC (the “Company”). The following terms and conditions (the “Terms of Service”) govern your use of the Site, including any content, features, functionality, and services offered through the Site. Please read these Terms of Service carefully before using the Site.

Acceptance of Terms of Service

By accessing or using the Site, you agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated into these Terms of Service by reference. If you do not agree to these Terms of Service or our Privacy Policy, you may not use the Site.

Use of Site

Eligibility: You must be at least 18 years of age to use our Services. If you are under 18, you may only use our Services with the involvement of a parent or guardian.

Responsibility for Account: You are responsible for all activities that occur under your account and you agree to keep your account password confidential. If you become aware of any unauthorized use of your account, you must promptly notify us.

Prohibited Conduct: The Site is intended for personal, non-commercial use. You may not use our Services for any illegal or unauthorized purpose. You may not, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

Product Descriptions

Accuracy: We strive to provide accurate information about the products available through our Services. However, we do not guarantee that product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered through our Services is not as described, your sole remedy is to return it in unused condition.

Availability: Products may be sold out or unavailable and we may change the selection of products available through our Services at any time without notice.

Ordering, Payment and Delivery

Ordering: To purchase a product through our Services, you must follow the online ordering process. You represent and warrant that you have the right to use any payment method you provide to us.

Payment: We accept payment by credit card and other payment methods that we may make available from time to time. We use third-party payment processors to process payments and we do not store your payment information on our servers.

Delivery: The Company offers shipping and delivery of its products within the United States and to select international locations. Shipping and delivery times may vary depending on the product, shipping destination, and other factors. We will make reasonable efforts to deliver products as described, but we do not guarantee delivery times. The Company is not responsible for any delays or damages caused by the shipping carrier.

Intellectual Property

All content on the Site, including without limitation, text, graphics, logos, images, videos, audio, data, software, and all other information or materials, as well as the design and arrangement thereof, are the property of The OffBeat Shop LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Payment and Pricing

All prices are listed in U.S. dollars. The Company reserves the right to change the prices and fees of its products and services at any time without notice. Payment for products and services on the Site may be made by credit card, debit card, or any other payment method accepted by the Company.

Returns and Refunds

The Company offers returns and refunds on products purchased on the Site, subject to the terms and conditions set forth in the Company’s Return Policy.

Indemnification

You agree to indemnify, defend, and hold harmless The OffBeat Shop LLC and its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms of Service, or your violation of any rights of another.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

IN NO EVENT SHALL THE OFFBEAT SHOP LLC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS