Welcome to the ohpollytops.com mobile website and mobile application.

These terms and conditions (“Agreement” or “Terms”) govern your use of the ohpollytops.com

website (the “Site”), the associated ohpollytops.com mobile application made available to residents (the “Application”) and any other written form of electronic use related to ohpollytops.com or any website, page, feature or content owned and operated by us and text or content associated with oral communications (collectively, the “Services”). You must be 16 years of age or older to use the Services.

By using the Services, you agree to these Terms. If you do not agree to these Terms, do not access or use the Services.

Please note that this Agreement contains provisions on how to resolve disputes between you and ohpollytops.com. It includes, among other things, an arbitration agreement that requires (with limited exceptions) that all disputes between you and us be resolved by final and binding arbitration. IT ALSO CONTAINS A WAIVER OF CLASS ACTIONS AND JURY TRIALS. Please read this agreement carefully.

Unless you opt out of the Arbitration Agreement within 30 days: (1) you may only bring disputes or claims and seek relief against us on an individual basis and may not join or continue as a plaintiff or class member in any class or representative proceeding. AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION; (2) YOU WAIVE YOUR RIGHTS TO BRING A DISPUTE OR CLAIM, SEEK RELIEF IN COURT, AND HAVE A JURY TRIAL;

Privacy Policy

The ohpollytops.com Privacy Policy applies to your use of the Services, including any personal information you submit through the Services, and is incorporated herein by reference.

error

While we strive to provide accurate information on the Service, there may be errors, inaccuracies, or omissions, including information relating to pricing, product descriptions, availability, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or modify information or cancel orders if any information on the Service is inaccurate at any time without prior notice, including after you have submitted your order. If we or a third-party seller cancel all or part of an order, we will notify you and refund you.

purchase

Pricing and Orders. All product prices listed on the Services exclude shipping charges, local sales and use taxes, and other taxes or fees, if applicable, which will be charged to you separately at the applicable rate for each order. For each order shipped to a Colorado address, you will pay a separate Colorado retail delivery fee at the applicable rate. In addition, any other regulatory fees that may be required by the state in which your order is being delivered will be charged separately (if applicable).

Prices may change at any time, but (except as noted above) changes will not affect orders for which we have sent an order confirmation email.

Disclaimer for Disputes with Third-Party Sellers. To the maximum extent permitted by applicable law, ohpollytops.com expressly disclaims any and all liability that might arise between you and any Third-Party Seller. The Service merely provides a venue to connect our users with Third-Party Seller. Because ohpollytops.com is not a party to the actual contract between you and any Third-Party Seller from whom you purchase products, you release ohpollytops.com from liability if you have a dispute with any Third-Party Seller.

and its parents, subsidiaries, affiliates, and all of their officers, employees, investors, agents, partners, and licensors, excepting the liability of any third party seller for any and all claims of every kind and nature (actual or consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed claims, demands, or damages arising out of or in any way connected with such disputes.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims of the creditor or releasing party the existence of which is not known or suspected by the creditor.” For your benefit, executing the release, if known, will have a significant impact on your settlement with the debtor or released party. The foregoing release does not apply to any claim, demand, or loss, damage, or right. Litigation of any kind, including personal injury, death, or property damage resulting from unreasonable business practices of one of the ohpollytops.com is not responsible for any damages, losses, losses, damages or losses of any party or any party’s fraud, deception or misrepresentation, promise, misrepresentation or concealment, suppression or omission of any material fact relating to the Services

Disclaimer

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS ohpollytops.com’s LIABILITY TO YOU.

Listing information is provided on an “as is” basis. Due to the open nature of the Services and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through the Services unless otherwise expressly stated on the Services. All product descriptions, information and materials displayed on the Services are provided on an “as is” basis without warranties or conditions of any kind, either express or implied, except to the extent such warranties or conditions cannot be excluded under applicable law.

Products sold by ohpollytops.com. If you purchase a product sold by ohpollytops.com on the Service, you are obligated to deliver the product in accordance with the transaction intended by the parties based on commercially reasonable expectations and are responsible for any discrepancies in delivery. Products will be deemed eligible for trade or offer to purchase if they: (i) conform to the description provided by us and are of the quality shown by us on this website (ii) are suitable for the purposes for which such products are ordinarily used; used; and (iii) demonstrate the normal and reasonably expected quality and performance of similar products.

To the maximum extent permitted by law, ohpollytops.com excludes and disclaims all warranties and conditions (whether express or implied) relating to the products sold, except those that cannot be excluded by law.

Products from third party sellers. ohpollytops.com makes no warranties in respect of products offered or sold by third party sellers. All warranties, representations and conditions, including, without limitation, merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed with respect to any products offered or sold by third party sellers. If you purchase products sold by third party sellers, you assume, agree and understand that you assume all risks of purchasing such products through the Services. Without limiting the foregoing, ohpollytops.com does not warrant that products offered or sold by third party sellers will meet your requirements, be delivered on time, or be in the condition described in the product listings. ohpollytops.com makes no warranty about the quality of the products listed above.

THE SERVICES ARE PROVIDED “AS IS.” By using the Services, you acknowledge and agree that the Services, including the Site and App, are provided “as is,” “as available,” and “with all faults” without warranties of any kind, either express or implied. Without limiting the foregoing, and to the fullest extent permitted by law, the Company expressly disclaims any and all warranties and conditions of any kind with respect to the Service, including merchantability, title, accuracy, completeness, legality, continuity or WITHOUT WARRANTIES OR CONDITIONS. FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE USAGE. We make no commitment and expressly disclaim any liability for: (1) the products, services, information, programs and/or any other content provided by third parties that you may access through the Service (2) your responsibility for the quality or conduct of any third party content encountered during your use of the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.

Exclusions. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and ohpollytops.com agree that any dispute or claim arising out of or relating in any way to your access to or use of the Site, the Application, the Services, or this Agreement, and prior versions of this Agreement, disputes, including claims and disputes that arose between us prior to the effective date of this Agreement (collectively, “Disputes”), will be resolved by binding arbitration rather than in court, except that (i) you and ohpollytops.com may assert or seek resolution. There may be relief or available in small claims court if such claim qualifies and remains pending in small claims court (ii) You and ohpollytops.com may seek damages for infringement or other misappropriation of intellectual property rights (such as trademarks, designs, domain names, trade secrets, copyrights) seeking damages and patents) seeking equitable relief in court.

Waiver of Jury Trial. You and ohpollytops.com hereby waive any constitutional and statutory rights to sue in court and have a trial before a judge or jury. You and ohpollytops.com elect to resolve all disputes by arbitration under this Arbitration Agreement except as specified in the paragraph above entitled “Applicability of Arbitration Agreement.” There is no judge or jury in arbitration and judicial review of an arbitration award is very limited. Discovery in arbitration may be limited and the process is more streamlined than in court.

CLASS ACTION WAIVER. You and ohpollytops.com agree that, except as otherwise provided in the paragraph entitled “Class Arbitration” below, each of us may bring claims against the other only on an individual basis and not on a class, representative or collective basis, and each party hereby waives any claim that a class action may be brought against it on a class basis. Any and all rights to have any dispute brought, heard, managed, resolved or arbitrated on a representative or class basis. Relief is available only on an individual basis, and disputes between multiple customers or users cannot be arbitrated or consolidated with those of any other customers or users. Under this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent permitted by law, there shall be no right or authority for any Dispute to be arbitrated in a representative action or private attorney general proceeding without any further appeal by a court without any further appeal OR REMEDY (LIMITATION OF RIGHTS). determines the limitations of this paragraph and the “Class Action Waiver” is invalid or unenforceable under certain circumstances. claim or request for relief (such as a request for public injunctive relief), you and ohpollytops.com agree that that specific claim or request for relief (and only that specific claim or request for relief) will be severed from arbitration. All other Disputes will be arbitrated or litigated in small claims court. This paragraph does not preclude you or ohpollytops.com from participating in a class action settlement.

Contact Us

We welcome your questions and comments about our privacy practices or these Terms. You may contact us at any time by email: [email protected]. Customer service queries should be made through our customer service platform.