Acceptance or Terms of Use
By accessing or navigating any part of OverstockDistributing.com, the user
acknowledges his/her complete understanding and agrees to the terms and
conditions set out in the following. Throughout the following, the term
OverstockDistributing will include 1719301 Ontario Limited, Overstock Distributing and
OverstockDistributing.com and all respective affiliates, subsidiaries and successors.
Content of Website
Although OverstockDistributing.com updates and publishes content on this site in
good faith, no representation is made concerning the completeness or accuracy
of the information contained herein. Certain parts of the website may be
incomplete, contain errors or become expired at any point in time.
OverstockDistributing.com expressly disclaims and makes no commitment to update any of
the content on this website. OverstockDistributing.com reserves the right to add,
modify or delete any information on the website at any point in time.
Access and Bandwidth Guarantees
OverstockDistributing.com has no responsibility for the bandwidth of your Internet
connection or the operational speed of you Internet Service Provider (ISP).
Disclaimer and Limitation of Liability
It is the purchasers responsibility to ensure that any OverstockDistributing.com
merchandise ordered does not violate any custom, trade laws or barriers to
entry that exist in the destination country. Any law, rule or regulation
regarding the import of OverstockDistributing.com merchandise to the buyer's country
is the sole responsibility and liability of the buyer. OverstockDistributing.com assumes
no responsibility or accountability whereby any of its products are used for
any unauthorized or illegal actions both criminally and/or in civil incidents.
OverstockDistributing.com does not condone piracy. It is up to the end user of
product to comply with any federal, provincial, state or local laws in any
circumstance. DO NOT make illegal pirated copies of software.
OverstockDistributing.com takes all precautionary measures to ensure that the range of
products are free from manufacturing defects. However, OverstockDistributing.com
cannot be held responsible for incorrect usage or damage to any product or
equipment due to usage, negligence, accidental damage or other factors beyond
our control. OverstockDistributing.com has made every effort to show that due care and
attention must be exercised when installing product. Excessive force or
failure to connect products in the way intended will more than likely
cause severe damage. By purchasing product from
OverstockDistributing.com you agree to indemnify OverstockDistributing.com from any libelous
action resulting from accidental damage or negligence on your part. Any law, rule or regulation regarding the import of OverstockDistributing.com merchandise
to the buyer's country is the sole responsibility and liability of the buyer. DO NOT operate any
vehicle without the proper training, safety equipment, license and insurance.
Restrictions On Use
All users agree to abide and adhere to all applicable local, provincial,
federal and international laws and regulations when using OverstockDistributing.com.
All users agree to not use OverstockDistributing.com in a means that may be a
violation of third party rights, including intellectual property rights. All
users will not use OverstockDistributing.com or any products for illegal purposes.
OverstockDistributing.com may not be used to post or convey unlawful, harassing,
privacy invading, abusive, libellous, threatening, harmful, vulgar,
pornographic, obscene, indecent, or objectionable material whatsoever.
OverstockDistributing.com may not be used to communicate commercial advertisements,
pyramid schemes, chain letters, encoded binary files, job offers or personal
ads. OverstockDistributing.com may not be used to provide materials that contain
viruses or other contaminating or destructive features. OverstockDistributing.com will
not be held responsible or liable for any kind of damages that arise via the
use of public posting areas of the OverstockDistributing.com website. This will
include, but is not limited to, direct, indirect, punitive, incidental and
consequential damages.
General Disclaimer and Limitation of Liability
OverstockDistributing.com makes no representations or guarantees, either expressed or
implied of any kind in regards to the OverstockDistributing.com website or its
contents. The OverstockDistributing.com website and the content and material therein
are provided in accordance to an 'as is, where is' basis. OverstockDistributing.com
disclaims all warranties, either expressed or implied that include
merchantability and fitness for any purpose or product. Any person making use
or attempting to make use of OverstockDistributing.com understands and expressly
acknowledges that there are absolutely no warranties or guarantees made
regarding the content of the web site. This may include web site content as
well as how current information is its accuracy and its completeness.
OverstockDistributing.com includes links to other websites as a service to its users.
However, OverstockDistributing.com has no control over and makes no endorsements or
representations in any way concerning the content or appropriateness of the
content contained on the linked website(s). Therefore, the users hereby waive
any claim against OverstockDistributing.com in regards to any linked websites or
content. OverstockDistributing.com makes no commitment, and disclaims any duty, to
update any of its content or reports in whole or in part in any section of the
website.
No OverstockDistributing.com owner, director, employee or any other representative
will be liable for any damages that may arise out of or in connection with the
use of the OverstockDistributing.com website or any other linked or referring site.
Please be aware that this is a comprehensive limitation of liability that
applies to all damages in any nature, including compensatory, direct or
indirect damages loss of data, loss or damage to property, loss of income or
profit and any claims made by third parties. Motorsports / powersports are dangerous,
purchasers of any product from Overstock Distributing are to used at own risk. Improper use could cause damage, injury or death.
Pricing and availability information are all subject to change without any
prior notice. No price guarantees or availability guarantees will ever be
made. Shipping times are estimated and not guaranteed by Overstock Distributing or within our UPS contract. Overstock Distributing can not guarantee there will be no delays due to customs, weather or other situations.
We do not refund return shipping costs incurred by the receiver for returning
defective or unsatisfactory merchandize in any circumstance. We do not refund shipping costs when a product is returned within the 30 day return period. If we have shipped you the incorrect item, we will provide our shipping account to ship the item back to us at our expense and reship the correct item. Overstock Distributing understands that not all customers may be 100% happy with their product and may return it within the 30 day return period. However, re-stocking fees may be incurred by the customer in some circumstances.
All prices are quoted in United States Dollars. This includes all
product pricing, shipping pricing and any applicable taxes. Choosing the 2Checkout payment gateway will allow you to choose your countries currency in real-time conversion (visa and mastercards) and be billed in your currency. OverstockDistributing.com is based in Kitchener, Ontario, Canada and is
subject to all laws and regulations concerning the sale of its items according
to local, provincial and federal jurisdiction only. The Goods and Services Tax
(GST) will apply to all residents ordering from Yukon, Northwest Territories,
Nunavut, British Columbia, Alberta, Saskatchewan, Manitoba, and Ontario and
Quebec. The Harmonized Sales Tax (HST) will apply to all residents ordering
from New Brunswick, Nova Scotia., Prince Edward Island and Newfoundland. The
Provincial Sales Tax (PST) will apply to all residents ordering from Ontario.
All taxes will be assessed according to the appropriate percentages of the total dollar amount.
OverstockDistributing.com reserves the right to limit quantities at any point without
any prior notice.
Trademarks and Copyrights
Overstock Distributing, a division of 1719301 Ontario Limited, owns and operates the
OverstockDistributing.com website. OverstockDistributing, OverstockDistributing.com, Overstock Distributing,
1719301 Ontario Limited and any related words domain names and logos are
trademarks and are the property of OverstockDistributing.com. All other product names,
company names, logos and trademarks cited herein and at any location on the
OverstockDistributing.com website are the property of their respective owners.
OverstockDistributing.com has absolutely no affiliation with any of these owners and
any use of anything owned by these companies is the property of that company.
Anything used on this website without permission, is property of their
respective owners. Trademarks and copyrights for consoles, games and
characters are owned by the companies that market or license those products.
All material contained on OverstockDistributing.com, including all portions of the
website, content, site design, text, graphics, forums, polls and the selection
and arrangement thereof are Copyright of OverstockDistributing.com and 1719301 Ontario
Limited. All Rights Reserved. No material contained within OverstockDistributing.com
may be reproduced, republished, copied, posted, transmitted or distributed in
any way, shape or form. Users and visitors may print, in hard copy, portions
of the OverstockDistributing.com website for the purpose of placing an order,
technical support or research purposes. The use of any such material for any
other purpose, on any other website or the distribution, replication or
modification of this material without prior written permission of
OverstockDistributing.com is strictly prohibited.
OverstockDistributing.com retains all title, interest and right in and to the
OverstockDistributing.com website. Users may not publish, transmit, transfer, sell or
reproduce any content contained on OverstockDistributing.com. The only exception to
this rule will be if OverstockDistributing.com has provided express written consent.
All users agree to use OverstockDistributing.com according to all Terms of Use. All
information that is posted or uploaded to OverstockDistributing.com becomes the
property of OverstockDistributing.com. OverstockDistributing.com reserves the right to modify,
edit, distribute, promote or delete any postings for any reason at any time
and without notice. This site is provided by OverstockDistributing.com on an 'as is'
basis.
OverstockDistributing.com makes no representations or warranties of any kind, express
or implied, as to the operation of this site, the information, content,
material or products, included on this site. To the full extent permissible by
applicable law, OverstockDistributing.com disclaims all warranties, express or
implied, including but no limited to, implied warranties of merchantability
and fitness for a particular purpose. OverstockDistributing.com will not be liable for
any damages of any kind arising from the use of this site, including but not
limited to direct, indirect, incidental punitive and consequential damages.
Governing Laws and Jurisdiction
OverstockDistributing.com (not including links to other websites) is managed and
controlled by 1719301 Ontario Limited from its Kitchener location within the
province of Ontario in Canada. Access to this website may be made by users
from all provinces in Canada, all states in the USA as well as other countries
throughout the world. Access from any location outside of Ontario, may have
laws and regulations that may differ from those within Ontario, Canada. When
accessing OverstockDistributing.com, the user or visitor agrees that all issues
relating to access or use of OverstockDistributing.com and its linked websites shall
be governed by the laws of Ontario and Canada. This will occur without regard
to the conflicts of laws principals thereof. Furthermore, the user agrees and
hereby submits to the exclusive personal jurisdiction and venue of the courts
of the Province of Ontario and acknowledges that the user do so in a voluntary
fashion. The user will be responsible for complying with all local laws,
regulations and all issues contained therein.
User Responsibilities and Acknowledgments
Any user or visitor to OverstockDistributing.com acknowledges that any content,
offers, opinions and/or information he or she may provide to OverstockDistributing.com
will become the property of OverstockDistributing.com. This includes all copyright
(without reservations), and user waives in favor of foregoing any and all
moral rights in such content. OverstockDistributing.com hereby notifies that all or
any portion of the content may be used, reproduced, edited, published,
translated, sublicensed, copied or incorporated into other works of any form,
technology or media known now or hereafter developed for the full term of any
copyright that may exist in such content without any form of compensation. As
well, that content is not subject to any copyright or other proprietary right
of a third party. Any content that is made available to OverstockDistributing.com by
third parties, which includes information provided by other users of
OverstockDistributing.com, are those of their respective third parties and not of
OverstockDistributing.com, its directors, employees or agents. OverstockDistributing.com
reserves the right to not publish, or to remove, edit or modify any content
that is deemed to be inappropriate for OverstockDistributing.com, for any reason
whatsoever.
No Solicitation
The OverstockDistributing.com website and the information contained herein does not
constitute an offer or a solicitation of an offer for the purchase or sale of
any securities.
Indemnification
Your use of the OverstockDistributing.com website constitutes your agreement to
defend, indemnify, and hold harmless OverstockDistributing.com, the employees and
directors of OverstockDistributing.com and its affiliated companies, from any claim or
demand, including reasonable attorneys' fees, arising out of your use or
misuse of the OverstockDistributing.com website or the use or misuse of
OverstockDistributing.com by a third party using your login and password.
General Product Disclaimers
No modifications or
products of such are endorsed by SCEA; therefore they hold no responsibility for the
use of any modification or product with their products. PlayStation, PSone,
PSX and PlayStation2 are registered trademarks of Sony Computer Entertainment,
to which we have no affiliation. OverstockDistributing.com is a division of 1719301
ONT LTD.
No modifications or
products of such are endorsed by Sega; therefore they hold no responsibility for the
use of any modification or product with their product. Sega and Dreamcast are
registered trademarks of Sega Enterprises, Ltd., to which we have no
affiliation. OverstockDistributing.com is a division of 1719301 ONT LTD.
No modifications or
products of such are endorsed by Nintendo; therefore they hold no responsibility for
the use of any modification or product with their product. Nintendo,
Nintendo64, Gameboy, Gameboy Advance, Gameboy Advance SP, Gamecube and N64 are
registered trademarks of Nintendo of America Inc., to which we have no
affiliation. OverstockDistributing.com is a division of 1719301 ONT LTD.
No modifications or
products of such are endorsed by Microsoft; therefore they hold no responsibility for
the use of any modification or product with their product. Microsoft is a
registered trademark of Microsoft, to which we have no affiliation.
OverstockDistributing.com is a division of 1719301 ONT LTD.