1. Introduction

Welcome to Osubare.com. Osubare Services LLC and/or its affiliates (“Osubare”) provide website features and other products and services to you when you visit or shop at Osubare.com. By using the Osubare Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Osubare Sites is unauthorized.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Osubare Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check Osubare.com for any updated Terms of Use. In addition, by continuing to use or access any of the Osubare Sites or otherwise engaging with Osubare after we post any changes, you accept the updated Terms of Use.

2. Your Use of the Osubare Sites

You certify that the Content you provide on or through the Osubare Sites is accurate and that the information you provide on or through the Osubare Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Osubare is not responsible for any losses arising out of the unauthorized use of your account. You agree that Osubare 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 Osubare Sites. You agree that Osubare is not a party to any such agreement, nor is Osubare 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 Osubare Sites or any portion of the Osubare Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Osubare Sites or any portion of the Osubare Sites.

In connection with the Osubare Sites, you will not:

Make available through or in connection with the Osubare Sites 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 Osubare Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Osubare Sites.
Interfere with or disrupt the operation of the Osubare Sites or the systems, servers, or networks used to make the Osubare Sites available, including by hacking or defacing any portion of the Osubare Sites; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Osubare Sites.
Remove any copyright, trademark, or other proprietary rights notice from the Osubare Sites.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Osubare Sites, without Osubare’s express prior written consent.
Cause injury to any person or entity.
Violate any law, rule, or regulation, or these Terms of Use.
You will not use the Walmart Sites or Osubare’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Osubare trademark, logo, URL, or product name without Osubare’s written consent;

Prohibited Content

You agree that you will not make available Content in connection with the Osubare Sites 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 Osubare), 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 Osubare 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 Osubare
contains or relates to chain letters or pyramid schemes.
impersonates another business, person, or entity, including Osubare, its related entities, employees, and agents.
violates any policy posted on the Osubare Sites; or
is intended to cause harm, damage, disable, or otherwise interfere with the Osubare Sites or our partners.

Monitoring by Osubare

Osubare will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Osubare Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Osubare from time to time. Osubare will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Osubare Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Osubare for all claims resulting from any Content you make available.

Merchandise

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 sell Products for children’s use; however, these Products are intended for sale to adults.

Osubare is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Osubare Entity, Vendor 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 Osubare Sites, 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 Osubare 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

References on Osubare Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Osubare is not responsible for the content of any third-party linked site, or any link contained in a linked site, including any third-party social media or mobile app platform with which the Osubare Sites operate or otherwise interact, nor is Osubare responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policy).

Placing an Order

A. 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 store and use the card as a payment method for purchases made through your Osubare.com account, including on Osubare affiliated sites and properties which you access via your Osubare.com account credentials. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. 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. Osubare 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.

Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Osubare Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Terms Applicable to Special Osubare Services

A. Vendors

Osubare operates an online marketplace program on the Osubare Sites, which enables Vendors to sell their products alongside Osubare products and, once an order is placed, to ship such Vendors’ products directly to the customer (the “Vendors”). Any use of the Vendors is subject to the following additional terms:

By purchasing a product from any of our Vendors, you acknowledge that all Vendors orders will be fulfilled by the third party (Vendors) and not Osubare. The Vendors (and not Osubare) will be responsible for all processing, shipping, returns, and customer service related to your Vendor order. Products purchased from a Vendor can only be returned to that Vendor in accordance with its return policy. Each Vendor shipping information, return policy, customer service information, and Vendor Privacy Policy can be found on that Vendor Seller Information page. For other terms that apply to Vendor, including important notices and disclosures, see About Vendors Page.
To the fullest extent provided by applicable law, Osubare has no responsibility or liability for any Vendors, their products, or representations.

INTELLECTUAL PROPERTY COMPLAINTS

Osubare respects the intellectual property of others.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE OSUBARE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OSUBARE SERVICES ARE PROVIDED BY OSUBARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OSUBARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OSUBARE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OSUBARE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OSUBARE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, OSUBARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OSUBARE DOES NOT WARRANT THAT THE OSUBARE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OSUBARE SERVICES, OSUBARE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OSUBARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, OSUBARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OSUBARE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OSUBARE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Indemnification

You agree to defend (at Osubare’s option), indemnify, and hold the Osubare Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Osubare Sites or any breach by you of these Terms of Use. Osubare reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Osubare if and as requested by Osubare in the defense and settlement of such matter.

Termination

These Terms of Use are effective unless and until terminated by either you or Osubare. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Osubare Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Osubare Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Osubare, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Osubare Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Osubare Sites,” “Content and Ideas,” “Monitoring by Osubare,” “Materials Available on the Osubare Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Osubare,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

7520 COOK ROAD 1811, 77072 HOUSTON, TEXAS.