TERMS AND CONDITIONS 

Agreement between User and OsborneAdventure.com

Welcome to OsborneAdventure.com. The OsborneAdventure.com website (the "Site") is comprised of various web pages operated by Osborne Adventure. OsborneAdventure.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of OsborneAdventure.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

OsborneAdventure.com is a Non-Profit Site.

Welcome to Osborne Adventure, a nonprofit organization dedicated to raising Down Syndrome awareness. Our website serves as a platform to fulfill our mission by providing valuable information about our upcoming expeditions, and fundraising initiatives, and sharing the core values of our mission with visitors.

Key Objectives:

Expedition Information: Osborne Adventure aims to keep our community informed about upcoming expeditions, allowing supporters to stay connected and engaged with our initiatives.

Fundraising: Through our website, we facilitate fundraising efforts to support our cause. Donors and supporters can contribute to making a positive impact on Down Syndrome awareness.

Mission Sharing: We use our online platform to share the mission and values of Osborne Adventure. Visitors can learn about our commitment to Down Syndrome awareness and the impact we aspire to achieve.

Additional Resources: In addition to our core mission, our website provides general information about parenting, Down Syndrome, and sailing. We aim to create a supportive community by sharing valuable insights and resources.

By accessing and using our website, visitors agree to abide by the terms of service outlined herein. These terms are designed to ensure a positive and respectful online environment for all users.

Thank you for being a part of Osborne Adventure's journey towards a more inclusive world.

Privacy

Your use of OsborneAdventure.com is subject to Osborne Adventure's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting OsborneAdventure.com or sending emails to Osborne Adventure constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Osborne Adventure does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use OsborneAdventure.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

If you or your customers notice an issue on the products or anything else on the order, please submit a problem report.

The return address is set by default to the Printful facility. When we receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 30 days. If Printful's facility isn't used as the return address, you would become liable for any returned shipments you receive.

Wrong Address - If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable).

If you haven't registered an account on printful.com and added a billing method, you hereby agree that any returned orders due to the wrong shipping address or a failure to claim the shipment won’t be available for reshipping and will be donated to charity at your cost (without us issuing a refund).

Printful does not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

Returned by Customer - It is best to advise your end customers to contact you before returning any products. Except for Customers residing in Brazil, we do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at your expense and discretion. If you choose to accept returns or offer size exchanges to your end customers, you would need to place a new order at your expense for a face mask or a product in another size. Customers residing in Brazil and regretting a purchase must contact our Customer Service and express their will to return the item within 7 consecutive days after receiving it, providing a picture of the item. The withdrawal request will undergo an evaluation to verify whether the product was used or destroyed, even if partial. In these cases, a refund will not be possible.

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons,

therefore Printful reserves rights to refuse returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

For more info on returns, please read our FAQs. 

Links to Third Party Sites/Third Party Services

OsborneAdventure.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Osborne Adventure and Osborne Adventure is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Osborne Adventure is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Osborne Adventure of the site or any association with its operators.

Certain services made available via OsborneAdventure.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the OsborneAdventure.com domain, you hereby acknowledge and consent that Osborne Adventure may share such information and data with any third party with whom Osborne Adventure has a contractual relationship to provide the requested product, service or functionality on behalf of OsborneAdventure.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use OsborneAdventure.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Osborne Adventure that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Osborne Adventure or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Osborne Adventure content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Osborne Adventure and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Osborne Adventure or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Osborne Adventure from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Osborne Adventure Content accessed through OsborneAdventure.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Osborne Adventure, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Osborne Adventure reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Osborne Adventure in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OSBORNE ADVENTURE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

OSBORNE ADVENTURE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OSBORNE ADVENTURE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OSBORNE ADVENTURE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OSBORNE ADVENTURE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Osborne Adventure reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Osborne Adventure as a result of this agreement or use of the Site. Osborne Adventure's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Osborne Adventure's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Osborne Adventure with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Osborne Adventure with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Osborne Adventure with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Osborne Adventure reserves the right, in its sole discretion, to change the Terms under which OsborneAdventure.com is offered. The most current version of the Terms will supersede all previous versions. Osborne Adventure encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Osborne Adventure welcomes your questions or comments regarding the Terms:

osborneadventure@gmail.com