Your Use of the Ocesta
You certify that the Content you provide on or through the Ocesta is accurate and that the information you provide on or through the Ocesta is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Ocesta is not responsible for any losses arising out of the unauthorized use of your account. You agree that Ocesta does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Ocesta . You agree that Ocesta is not a party to any such agreement, nor is Ocesta responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Ocesta or any portion of the Ocesta , and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Ocesta or any portion of the Ocesta .
- In connection with the Ocesta , you will not:
- Make available through or in connection with the Ocesta any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Ocesta for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Ocesta .
- Remove any copyright, trademark, or other proprietary rights notice from the Ocesta .
- Cause injury to any person or entity.
Submitting Content and Ideas
Ocesta’s Rights to Use Content and Ideas
You grant to Ocesta a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Ocesta is free to use any Ideas for any purpose. Ocesta may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Ocesta is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Ocesta the right to use any name associated with any Content or Idea that you make available to Ocesta , although Ocesta has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
You agree that you will not make available Content in connection with the Ocesta that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Ocesta ), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Ocesta in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Ocesta ;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Ocesta , its related entities, employees, and agents;
- violates any policy posted on the Ocesta ; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Ocesta or our partners.
Monitoring by Ocesta
Materials Available on the Ocesta
Ocesta and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Ocesta Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Ocesta , we would appreciate it if you let us know by contacting us at firstname.lastname@example.org (Your feedback is a big part of what helps Ocesta to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.We sell Products for children’s use; however, these Products are intended for sale to adults.
Ocesta has no liability to you for content on the Ocesta that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Ocesta is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Ocesta Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Ocesta , including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Ocesta’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
Third Party Sites
Placing an Order & Order Acceptance and Billing
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to and use the card as a payment method for purchases made through your Ocesta .com account, including on Ocesta affiliated sites and properties which you access via your Ocesta .com account credentials. Ocesta participates in account update services offered by some banks.
Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Ocesta may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in- “Cash” payment method.
In addition to any other remedies available to it, Ocesta may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Ocesta returns policy.
Pricing Information; Availability
Ocesta cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Ocesta or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Ocesta reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Ocesta .
All accounts with no activity for twelve months or greater will be closed. In order to reactivate a closed account, a new credit application will be required.
All trademarks and trade names that appear on Ocesta publications or the Ocesta website, www.ocesta.com, are the property of its respective owner(s) and may not be reproduced, copied, or manipulated in any manner without the expressed, written approval of the trademark owner.
Warranties & Representation
Customer represents and Ocesta relies upon this representation, to its detriment, that Customer will not misbrand or falsely advertise any Products, and that Customer will comply with all applicable state and federal laws, rules, regulations, and requirements. Any violation over such matters that applies to or affects Customer\’s performance under Ocesta \’s Standard Terms and Conditions will be conclusive evidence of Customer\’s breach of these representations.
Ocesta makes no warranty, guarantee, or representation, whether written or oral, regarding any Products. Ocesta will only pass along those warranties, guarantees, or representations given to Ocesta by its Vendors.
OCESTA SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ALLEGED DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHERWISE, THAT MAY ARISE FROM THE USE, MISUSE OF THE PRODUCTS, OR USE OF THE PRODUCTS FOR WHICH IT WAS NOT INTENDED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED BY OCESTA .
OCESTA IS NOT RESPONSIBLE FOR AND HAS NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS CUSTOMER, ITS AFFILIATES, OR ANY OTHER PARTY, FROM OR AGAINST ANY CLAIM, DEMAND OR LIABILITY, REGARDLESS OF INITIATING PARTY, WHETHER IN LAW OR EQUITY (collectively referred to as \” CLAIMS\”), ARISING OUT OF OR RESULTING IN ANY WAY FROM CUSTOMER\’S PURCHASE, SALE, USE OR MARKETING OF PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. Ocesta’s sales of any Product(s) which may be considered or classified as a personal defense product(s) or as weaponry, (including, but not limited to the product commonly referred to as “Pepper Spray”) are done so under the following conditions:
Ocesta is not responsible for knowing, nor does Ocesta make representations, interpretations, or assumptions as to which Products will be classified by federal, state or local agencies, governments, or the similar as personal defense or weapons;
Customers are responsible for knowing, understanding, and applying any and all federal, state, city, or local laws, regulations, codes, or the similar as related to the resale of these Products;
Ocesta EXPRESSLY DISCLAIMS any responsibility to provide Customer with notice of, or to provide Customer with knowledge about, any possible restrictions on Customer\’s resale of these Products; and, Ocesta \’s sales of these Products are done so for wholesale resale purposes only. Use of Products is AT Customer’s OWN RISK. Ocesta assumes no responsibility for use of any Product supplied.
You acknowledge that (a) goods licensed or sold on the Ocesta , and (b) any software or technology purchased, downloaded, or used from the Ocesta , are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List
Customers must call in advance to cancel a backorder. Backorders are shipped automatically. Customers must call in advance to cancel a backorder. Backordered Product that is less than ten dollars ($10) is automatically cancelled. For backordered or discontinued Products over ten dollars ($10) in value, a Ocesta Sales Representative will contact Customer to discuss shipment details.
Orders that have been released to Ocesta's distribution center for processing are not eligible for cancellation. Ocesta is not responsible for typographical errors or erroneous data in publications, Web site or any other media. Please note that items ordered may not be exactly as pictured in any media which Ocesta uses to promote or advertise Products, including Ocesta\’s catalog, or website. Prices are subject to change without notice. A Ocesta Sales Representative may be contacted for the latest product pricing and availability.
Ocesta reserves the right to limit quantities.