Terms & Conditions
The use of the OXO.com website (the "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the "Terms and Conditions"). Your use of this Website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. OXO International, Ltd. ("OXO") reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Please visit this page periodically to review the terms of your use.
Unless you are an authorized OXO representative, you may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not distribute, modify, transmit, reuse, repost or use the text, image and video for public or commercial purposes unless you have obtained prior, written permission. OXO reserves complete title and full intellectual property rights in any Content that you download from this Website.
Consent to Jurisdiction
Any claim relating to the use of this site and the materials contained herein is governed by the laws of the State of Texas. Use of the site constitutes your consent to the exclusive jurisdiction of the state and federal courts located in El Paso, Texas.
The OXO logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use reproduce or copy such logos in any manner without the prior consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively "Content") are subject to copyright, trademark or other proprietary rights or licenses held by OXO or its parent or affiliates or by third parties who have licensed their right to OXO. All Content is copyrighted as a collective work under the U.S. and international copyright laws.
Limitations of Liability
IN NO EVENT SHALL OXO OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF OXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST OXO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF OXO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, OXO’S LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
User Generated Content
By posting, distributing, sending or displaying any comment, message (including e-mail), data, information, photos, text, music, graphics, sound, or other content (the “User Generated Content”) to the Website, you (A) grant and warrant that you have the right to grant and represent, to OXO a non-exclusive, royalty- free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant OXO and its affiliates and sublicensees, sister sites, companies, or DBA’s the right to use the said material with the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Website; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant OXO the right to pursue by law any person or entity that violates your or OXO’s right(s) in the User Generated Content section by a breach of these Terms and Conditions.
User Generated Content submitted by users is deemed non-confidential and OXO is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, OXO reserves the right to use the User Generated Content as it deems appropriate, including but not limited to and without limitation: deleting, modifying, editing, rejecting, or refusing to post it. OXO is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works thereof, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by OXO or its agents thereof; (C) you waive and will not claim or assert any entitlement to any moral rights of any and all author(s) in any of the User Generated Content sections; and (D) you release OXO from any claims that you could otherwise assert against OXO by virtue of any moral rights.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Website may from time to time contain forums, social media sites, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Website (the “Interactive Areas”). If OXO provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following: A. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; B. Material that promotes illegal drug use, tobacco or firearms use; C. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law; D. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of either OXO or any party thereof; E. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; F. Unsolicited advertising or links to other commercial sites; G. Names, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else; H. Viruses, corrupted data or other harmful, disruptive or destructive files; I. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted; J. Material that communicates messages inconsistent with the positive goodwill of OXO; or K. Material that, in the sole judgment of OXO, is objectionable, or which may expose OXO or its users to any harm.
OXO takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is OXO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, OXO is not liable for any statements, representations or User Generated Content provided by its users on this Website. Although OXO has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, OXO reserves the right, and has sole discretion, to remove without notice and without stated reason any User Generated Content posted or stored on the Website at any given time.
Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination, suspension of your permission to use the Website, or lawsuit where applicable.
Comments and Submissions
Anything that you submit or post to the Website and/or provide OXO, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and OXO shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of OXO and shall not be returned to you. OXO is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Website will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Mobile Services and Contact Information
The Website may include certain features or services that are available via your mobile phone (the “Mobile Services”), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you have the option, but are not required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
Modification of Content
OXO attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth above, OXO does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. OXO reserve the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
All prices quoted on our Website are in U.S. dollars and are valid only in the United States. OXO reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, OXO shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you should contact OXO's Customer Service.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by OXO (although some such sites may have an affiliation with OXO). Such links are provided for your convenience only. OXO makes no representations whatsoever about any linked sites which you access through this Website, as OXO has no control over the content appearing on such third-party links. Moreover, a link to a third-party site does not simply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such third-party site. No rights to use or copy the information on this Website or third-party website is granted or implied.
You agree to defend, indemnify and hold harmless OXO, its independent contractors, service providers and consultants, and their respective officers, managing members, members, shareholders, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OXO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OXO DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. OXO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. OXO RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE AND/OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Changes to Terms and Conditions
OXO reserves the right to change the Terms and Conditions and anything else on the Website at any time.
All website designs, graphics, text selection arrangements, and software are Copyright 2023, OXO International, Ltd. All rights reserved.