Terms & Conditions

Terms of Use

Updated and Effective as of February 25, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.

Introduction and Agreement to Terms
Changes to Terms
Changes to Website
Account Registration
Intellectual Property and Limited License
User Content
Guidelines for Reviews
Product Information and Pricing
Availability of Products and Services
Accuracy of Billing and Account Information
Third-Party Links
User Data
Electronic Communications, Transactions, and Signatures
SMS Text Messaging
Disclaimer of Warranties
Limitation of Liability
Indemnification
Governing Law and Dispute Resolution
Termination
California Users and Residents
Miscellaneous

1. Introduction and Agreement to Terms

These Terms of Use (“Terms”) apply to any websites, software, applications, or other interactive features and online services owned and operated by The Outdoor Kitchen Store (“we,” “us,” or “our”) that post a link to or include these Terms (collectively, our “Site”). Please read these Terms carefully, including the mandatory Binding Arbitration Agreement in Section 18, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. You affirm that you have the capacity and authority to agree to these Terms. These Terms constitute a binding agreement between you and The Outdoor Kitchen Store governing your use of our Site. By accessing or using any part of the Site, you signify your agreement to these Terms and any applicable Additional Terms. Your use of the Site is also governed by our Privacy Policy. If you do not agree to these Terms, any applicable Additional Terms, or our Privacy Policy, you may not access or use any part of the Site. When using particular services or features of the Site, in addition to these Terms, a separate guidelines document, payment terms, or end user license agreement may apply to your use of that product, feature, or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your use of the Site.

2. Changes to Terms

The Outdoor Kitchen Store reserves the right to revise these Terms at any time by updating this posting. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Site after the effective date of the revised Terms will constitute your consent to those changes to the fullest extent allowed by applicable law. However, any material change to these Terms after your last usage of the Site will not be applied retroactively unless otherwise required by applicable law. Note that you may need to consent to our updated Terms in order to continue to use our Site and services.

3. Changes to Website

The Outdoor Kitchen Store reserves the sole right, but is under no obligation, to update, modify, replace, or alter any portion of the Site from time to time without any liability to you. You acknowledge that we may, in our sole discretion, cease to operate the Site or features within the Site at any time and without any liability to you. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

4. Account Registration

Certain areas and features of the Site may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current, and complete information. If you submit personal information to us to register for an account or to otherwise participate in any services we offer, that information will be governed by our Privacy Policy. If you register with us, you agree that you will not sell or otherwise transfer your account or any account rights. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. The Outdoor Kitchen Store reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Site or otherwise deny you access, in its sole discretion, at any time, and to the extent permitted by applicable law, without notice. We will not be liable to you or to any third party for any cancellation, termination, suspension, or discontinuance of the Site or your account. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the Site. You also agree to comply with all rules, laws, and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

5. Intellectual Property and Limited License

Ownership of Site Content Unless otherwise explicitly stated, The Outdoor Kitchen Store and its subsidiaries or affiliates either own or license the trademarks used on the Site, the products offered on the Site, the appearance and content of the Site, the technology used to provide the Site, and all materials that are included in or are otherwise a part of the Site, including past, present, and future versions, domain names, the underlying HTML, source and object code, and the “look and feel” of the Site, including text, images, audio clips, video clips, software, and other content (collectively, the “Site Content”). Site Content is protected from unauthorized use, copying, and dissemination by intellectual property laws, including copyright, trademark, patent, and other laws, rules, regulations, and treaties. You must comply with all such laws. As between you and us, we retain all right, title, and interest in and to the Site Content. Except as provided in these Terms, The Outdoor Kitchen Store prohibits the copying, redistribution, modification, or public display of any Site Content without its express written permission. The Outdoor Kitchen Store claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Site. Such third-party trademarks are used only to identify their respective owners. 5.2 Your Limited License to Use Site Content The Outdoor Kitchen Store maintains the Site and its contents for your own use, entertainment, and education. We grant you a limited, personal, non-exclusive, revocable, and non-transferable license to view and use Site Content as set forth below. The license is subject to your full compliance with these Terms. You may view and download material displayed on the Site for your personal use only, subject to the following provisions:

You retain all copyright, trademark, and other proprietary notices contained within the materials.
You may not distribute, retransmit, republish, reuse, repost, or use the contents of the Site for public purposes without our prior written permission.
You may not alter or interfere with the content or functioning of the Site, or “mirror” any content contained on the Site on any other server.
You must not use the Site Content in a manner that suggests an association with The Outdoor Kitchen Store or any of our products, services, or brands.
You must not copy or adapt any object code associated with the Site or reverse engineer, modify, or attempt to discover any source code associated with the Site, nor allow or assist any third party to do so.
You must not use the Site Content for any use other than personal and educational, and will not redistribute, broadcast, or copy it to any other media.
You will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy, or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).

The materials at the Site are protected by law, and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms, your right to use the Site will terminate automatically. 5.3 Trademarks The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of The Outdoor Kitchen Store and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. 5.4 Reporting Claims of Copyright Infringement (DMCA) You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. It is our policy to expeditiously respond to clear, legally valid notices of copyright infringement that comply with the criteria established by Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”). If you believe any materials on the Site infringe your copyright, you may submit a notification by providing our Designated Copyright Agent with the following information in writing:

Your physical or electronic signature.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Site the material you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
Your name, address, phone number, and email address.
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated copyright agent to receive DMCA notices is:

The Outdoor Kitchen Store, Attn: DMCA Agent 3925 W. Kennedy Blvd. Tampa, FL 33609

Email: sales@outdoorkitchenstore.com
Phone: 813-875-EGGS (3447)

We suggest that you consult your legal advisor before filing a notice, because there may be penalties for false claims. We have a policy of terminating the accounts of users who, in our reasonable discretion, are repeat infringers.

6. User Content

Submissions The Site may provide you with the ability to submit content to us or post content publicly on the Site, including, without limitation, photographs, videos, reviews, testimonials, promotion entries, writings, data, questions, answers, comments, and suggestions (collectively, “User Content”). Except as otherwise described in the posted Privacy Policy or other agreement on the Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (a) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (b) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant us the license below. 6.2 License Grant You retain any ownership you have in your User Content, but you acknowledge that The Outdoor Kitchen Store must have a license from you in order to accept your User Content. Accordingly, you grant to The Outdoor Kitchen Store a non-exclusive, unrestricted, worldwide, irrevocable, perpetual, transferable, sub-licensable, and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology, or device now known or hereafter developed. This license includes our use of your name, company name, and any trademarks, service marks, trade names, logos, and personal or commercial images you provide, as applicable. The Outdoor Kitchen Store is not responsible for the substance of any User Content and such User Content does not necessarily reflect our views. We may, but are under no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion. You agree that The Outdoor Kitchen Store is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services, without any payment of any kind to you. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You are solely responsible for your User Content and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law. 6.3 Community Rules When you contribute, upload, or otherwise provide User Content to the Site, you agree to comply with the following rules:

User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; or all persons who contributed in any way or have any rights to your User Content have given you permission.
No images of others without permission. If you choose to upload photos that include real people, make sure you have their express permission. If any of the people pictured are minors, you must obtain their parent or guardian’s express permission.
No third-party materials without permission. Your User Content should not contain any visible logos, phrases, or trademarks or other third-party materials without permission.
Keep it relevant. Your User Content should relate to the content on the Site and should be intended to add to the discussion and community.
Follow codes of social decency. Be respectful of others’ opinions and comments. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip, or similar actions are prohibited. Your User Content may not threaten, abuse, or harm others, and may not include negative comments connected to race, national origin, ethnicity, gender, sexual orientation, religion, age, or disability.
No commercial purposes. Your User Content may not advertise or promote a product, service, or promotion except those provided by us on the Site.
No illegal content. You may not submit any User Content that is illegal, promotes any illegal activity, or could be harmful to minors or others.
Be honest. Do not impersonate any other person, user, or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, or misleading.
Do not share personal information. Your User Content may not reveal another person’s address, phone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual.
Do not damage the Site. User Content may not contain viruses, Trojan horses, spyware, or any other technologies that could impact the operation of the Site or any computer system or device.

Prohibited Activities In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:

For any unlawful purpose or to solicit others to perform or participate in unlawful acts
To violate any international, federal, state, or local regulations, rules, laws, or ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on any protected class
To submit false or misleading information
To transmit “junk mail,” unsolicited mass mailing, or “spam”
To upload or transmit viruses or any other type of malicious code
To collect or track the personal information of others
To use any robot, spider, or other automatic device or manual process to monitor, copy, or scrape web pages of the Site without our prior express written permission
To use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site
To take any action that imposes an unreasonable or disproportionately large load on our infrastructure
To use a buying agent or purchasing agent to make purchases on the Site
To make any unauthorized use of the Site, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited communications
To use the Site as part of any effort to compete with us or otherwise use the Site and/or the Site Content for any revenue-generating endeavor or commercial enterprise not specifically endorsed or approved by us

We reserve the right to terminate your use of the Site for violating any of the prohibited uses or any other provisions of these Terms.

7. Guidelines for Reviews

We may provide you areas on the Site to leave reviews or ratings for products and services. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the product or service being reviewed.
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make any conclusions as to the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to your review.

8. Product Information and Pricing

We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions, pricing, photographs, or other Site Content is accurate, complete, reliable, current, or error-free. Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. Product packaging, owners’ manuals, installation instructions, and operating instructions may include more information than what is shown on our Site. The content on our Site is intended to be used for reference purposes only. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Outdoor Kitchen Store reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. We are under no obligation to provide the product to you at the incorrect price, even after we have sent you an order confirmation or shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. All prices are displayed in United States dollars unless otherwise noted. Prices do not include applicable taxes, which will be calculated and displayed at checkout. For information regarding returns and exchanges, please review our Return Policy posted on the Site prior to making any purchases.

9. Availability of Products and Services

The products and services described on the Site, and any samples thereof we may provide to you, are subject to availability. We reserve the right to discontinue any product at any time for any reason. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on the Site is void where prohibited. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted where the product is no longer available. You agree that we may cancel your order after you have received an order confirmation without penalty.

10. Accuracy of Billing and Account Information

We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. We may also accept additional payment methods as indicated at checkout. You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in United States dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.

11. Third-Party Links

The Site may from time to time display links to other third-party websites or resources as a convenience to you. The Outdoor Kitchen Store is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products, or other materials on or available from such websites or resources. We do not investigate, monitor, or check such third-party websites for accuracy, appropriateness, or completeness. Neither The Outdoor Kitchen Store nor its service providers are responsible for the practices of any third parties. Your correspondence and business dealings with third parties found through the Site, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that The Outdoor Kitchen Store is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party. If you decide to leave the Site and access any third-party website or use or install any third-party content, you do so at your own risk, and you should be aware these Terms no longer govern.

12. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

13. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

14. SMS Text Messaging

The Outdoor Kitchen Store may offer SMS, MMS, or RCS text messaging programs. By opting in to receive text messages from us, you consent to receive recurring automated marketing and informational text messages from or on behalf of The Outdoor Kitchen Store, including messages sent by an automatic telephone dialing system, at the phone number you provide. Consent to receive text messages is not a condition of any purchase.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive a confirmation SMS message confirming your opt-out. After opting out, you will no longer receive text messages from us. If you wish to re-enroll, you may do so by following the original enrollment instructions.

Message and Data Rates

Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.

Support

If you have any questions or need assistance regarding our SMS communications, please contact us using the information provided in Section 21 of these Terms.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN OUR ADDITIONAL TERMS, THE OUTDOOR KITCHEN STORE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, LICENSORS, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, “THE OUTDOOR KITCHEN STORE PARTIES”) DO NOT MAKE ANY WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR CONDITIONS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO:

The Site or Site Content
Products and services sold by The Outdoor Kitchen Store (except as otherwise expressly provided in our Additional Terms or an applicable manufacturer’s warranty)
User Content
Security associated with the transmission of information to The Outdoor Kitchen Store or via the Site

This disclaimer includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement. THE OUTDOOR KITCHEN STORE PARTIES DISCLAIM ALL WARRANTIES THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR OMISSIONS; (3) DEFECTS WILL BE CORRECTED; (4) THE SITE OR THE SERVERS HOSTING IT WILL BE FREE OF VIRUSES, OTHER HARMFUL CODE, OR COMPONENTS; OR (5) THE SITE OR ITS CONTENT WILL CONTINUE TO BE AVAILABLE. Nothing herein shall be construed to affect any manufacturer’s warranty that may be included with your product purchase. THE SITE, SITE CONTENT, AND ALL PRODUCTS AND SERVICES SOLD BY THE OUTDOOR KITCHEN STORE (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN OUR ADDITIONAL TERMS OR AN APPLICABLE MANUFACTURER’S WARRANTY) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue accessing and using it. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE OUTDOOR KITCHEN STORE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL THE OUTDOOR KITCHEN STORE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT WILL THE OUTDOOR KITCHEN STORE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN TOTAL THE AMOUNT PAID BY YOU, IF ANY, TO THE OUTDOOR KITCHEN STORE FOR A PRODUCT OR SERVICE ORDERED THROUGH THE SITE OR, IN THE EVENT THERE HAVE BEEN NO AMOUNTS PAID, THE AMOUNT OF TEN UNITED STATES DOLLARS ($10.00). The limitations set forth in this section will not limit or exclude The Outdoor Kitchen Store Parties’ liability for personal injury or property damage caused by The Outdoor Kitchen Store Parties, or for The Outdoor Kitchen Store Parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold The Outdoor Kitchen Store Parties harmless from and against any and all claims, demands, costs, investigations, liabilities, judgments, settlements, and expenses, including reasonable attorneys’ fees, made by any third party, due to or, directly or indirectly, arising out of or related to:

Your User Content
Your use or misuse of the Site or activities in connection with the Site
Your breach of these Terms or the documents they incorporate by reference
Any breach of your representations and warranties set forth in these Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities
Any overt harmful act toward any other user of the Site with whom you connected via the Site
The Outdoor Kitchen Store Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and The Outdoor Kitchen Store

The Outdoor Kitchen Store Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such cases you agree to cooperate with us to defend such claim. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You will not in any event settle any claim without the prior written consent of a duly authorized representative of The Outdoor Kitchen Store.

18. Governing Law and Dispute Resolution

Governing Law Except as otherwise provided in the Binding Arbitration Agreement below, these Terms and your use of the Site will be governed by the laws of the State of Florida, as applied to contracts entered into between Florida residents and performed in Florida, without regard to its conflict of law provisions. Any disputes arising out of these Terms or your use of the Site not subject to Binding Arbitration will be heard only in the state or federal courts located in Hillsborough County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. 18.2 Binding Arbitration Agreement As part of these Terms of Use, you and The Outdoor Kitchen Store each agree to the following (the “Arbitration Agreement”):

Applicability

You agree that any dispute, controversy, or claim arising out of or relating to the Site, use of the Site, and/or these Terms or any Additional Terms (including, without limitation, the arbitrability of any claim or controversy), or to any aspect of your relationship with The Outdoor Kitchen Store, will be resolved by binding arbitration, rather than in court, except that:

You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
You or The Outdoor Kitchen Store may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.

You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. If you agree to arbitration with The Outdoor Kitchen Store, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against The Outdoor Kitchen Store Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against The Outdoor Kitchen Store Parties in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Process

To begin a claim, you must first send a letter describing your claim in detail (including your name and contact information, your legal claim, the specific facts giving rise to your claim, and the requested relief) to The Outdoor Kitchen Store at the address listed in Section 21 of these Terms. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures. All other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. JAMS’s rules are available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Hillsborough County, Florida, or at another mutually agreed location. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Fees

If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, The Outdoor Kitchen Store will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay The Outdoor Kitchen Store’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

Class Action Waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU AND THE OUTDOOR KITCHEN STORE EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE OUTDOOR KITCHEN STORE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE OUTDOOR KITCHEN STORE FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE AFFECTED ARBITRATIONS OR PROCEEDINGS.

Opt-Out

You may opt out of this Arbitration Agreement. If you do so, neither you nor The Outdoor Kitchen Store can require the other to participate in an arbitration proceeding. To opt out, you must notify The Outdoor Kitchen Store in writing within thirty (30) days of the date that you first became subject to this Arbitration Agreement. Your written notification must include your name, your mailing address, and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notification to the address listed in Section 21 of these Terms.

Severability

If any part of this Arbitration Agreement is found to be unenforceable, the remainder will still apply, except that if a finding of partial unenforceability would allow class or representative arbitration, the Arbitration Agreement will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this Arbitration Agreement, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

19. Termination

If you violate any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Site Content. We reserve the right to immediately terminate your access to or registration on the Site, remove material from the Site, take other remedial actions, and seek any remedies permitted by law. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any communications you send to the Site or us. Any violation of these Terms may be referred to law enforcement authorities. The obligations and liabilities of the parties prior to termination will survive the termination of this agreement for all purposes.

20. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

21. Miscellaneous

Entire Agreement These Terms, together with the Privacy Policy, any Additional Terms, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and The Outdoor Kitchen Store regarding your use of the Site. 21.2 Severability If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 21.3 No Waiver Our failure to exercise or enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Outdoor Kitchen Store. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 21.4 Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 21.5 No Joint Venture There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. 21.6 Force Majeure We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 21.7 Communications The Outdoor Kitchen Store welcomes your comments. However, please do not send us any unsolicited creative ideas, original materials, or suggestions relating to products or marketing plans. We shall not be responsible for the similarity of any of our content or programming in any media to materials or ideas transmitted to the Site. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2017. 21.8 Location and Territorial Restrictions The Outdoor Kitchen Store controls and operates the Site from the United States of America. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. We reserve the right to limit the availability of the Site or any portion of the Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If you use the Site from other locations, you are responsible for compliance with applicable local laws. 21.9 Contact Us If you have any questions, comments, or concerns regarding these Terms, or to resolve a complaint regarding the Site, please contact us:

The Outdoor Kitchen Store

3925 W. Kennedy Blvd.

Tampa, FL 33609

Need Help? We are Here for You.

Phone: 813-875-EGGS (3447)
Email: sales@outdoorkitchenstore.com