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WEBSITE TERMS OF USE

Effective as of July 10, 2026

 

Welcome to our Website!

 

PLEASE READ THESE TERMS OF USE (“Terms,” “Terms of Use,” or “Agreement”) CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO US. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

 

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

 

THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND OSMUNDSON MFG. CO. WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO AGREE THAT IOWA LAW WILL GOVERN THESE TERMS AND ANY DISPUTE THAT MAY ARISE. YOU ALSO WAIVE A RIGHT TO A JURY TRIAL. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. PLEASE REVIEW THE ARBITRATION AGREEMENT CONTAINED BELOW IN THESE TERMS OF USE.

 

These Terms of Use, which incorporate by reference our Privacy Notice [hyperlink] and our Cookie Policy [hyperlink] (collectively, the “Terms”) are a legal agreement between you and Osmundson Mfg. Co. (referred to as “Osmundson,” “we,” “us,” or “our” as the context may require) governing your use of and access to the following website: www.osmundson.com (our “Website”) and your use of any content, functionality, product, service, or feature available on our Website, including the Website and related communication channels (collectively, the “Services”).

 

These Terms are subject to change at any time, in our sole discretion. We will use commercially reasonable efforts to notify you of material changes by posting a notice on the Website or by other means we deem appropriate. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. The most recent version of these Terms shall be posted for you to review at any time on the Website. Your continued use of the Services following the posting of revised Terms will constitute your acceptance of and agreement to such changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

 

You must be eighteen (18) or the legal age of majority in the state in which you reside to use the Services and Website.

 

IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THE WEBSITE.

 

ELECTRONIC AGREEMENT

By clicking “I Agree,” creating an account, or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You agree that your electronic acceptance constitutes your signature for all purposes, and that these Terms constitute a binding agreement between you and Osmundson Mfg. Co. enforceable against you. If you do not agree to these Terms, you must immediately cease all use of the Services and the Website.

 

ACCESSING THE SERVICES

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.

 

To access the Services, you may be asked to provide certain registration details or other information, and pay a fee. It is a condition of your use of the Services that all the information you provide to the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice [hyperlink], and you consent to all actions we take with respect to your personal data consistent with our Privacy Notice.

 

USE OF COOKIES AND TRACKING TECHNOLOGIES

Our Website uses cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and support advertising. By using the Services, you consent to the use of strictly necessary cookies, which are deployed based on our legitimate interests. Non-essential cookies require your consent, which you can manage via our Cookie Policy [hyperlink]. You may also manage your cookie preferences through your browser settings or the opt-out mechanisms described in the Cookie Policy. For additional information about the types of cookies we use and your choices, please refer to our Cookie Policy.

 

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
  • For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal data, or otherwise,
  • To post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
  • To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

 

Additionally, you agree not to:

 

  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or any other malicious code or material that is technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Bypass or breach any security device, or protection used by the Services or access or use the Services other than as permitted by these Terms,
  • Use any agent, robot, spider, or other automatic device, process, or means to access the Services for any purpose other than to index the web pages, including monitoring or copying any of the material on the Services.
  • Use any manual or automated process to monitor, scrape, clone or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any manual or automatic process to copy, modify, or create derivative works or improvements of the Services,
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available all or any part of the Services to anyone else,
  • Reverse engineer, disassemble, decompile, decode, adapt, modify, or otherwise attempt to derive or gain access to all or any part of the source code of the Services,
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

RELIANCE ON INFORMATION PROVIDED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

 

The Services may include content provided by third-parties. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

SUSPENSION OR TERMINATION OF THE SERVICES

We reserve the right, directly or indirectly, to amend, suspend, terminate, or otherwise deny access to, or use of, all or part of the Services, including any content we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict your access, including to some parts or all of the Services.

 

CHANGES TO THE SERVICES

We may update the Services and their content from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

 

INTELLECTUAL PROPERTY AND OWNERSHIP OF COMPANY DATA

The Osmundson name, Osmundson Mfg. Co. logo, and all related names, logos, graphics, trade dress, characters, product and service names, designs, and slogans are trademarks of us or our licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

The Services and Website incorporate certain text, information, product descriptions, illustrations, materials, designs, images, drawings, audio, video, visuals, graphics, charts, photographs, compilations, data, data bases, data sets, interfaces, icons, software, computer code, hypertext markup language (HTML), scripts, trademarks, trade dress, logos, slogans, names of products and services, and other similar items, including the features, functions, including its design, selection, and arrangement (“Content”). The Content is and will remain the sole and exclusive property of Osmundson Mfg. Co., or, as applicable, its licensors. The Content is protected by certain copyright, trademark, trade dress or other intellectual property rights (“Intellectual Property Rights”) and may not be used except as expressly provided in these Terms. You do not acquire any rights, express or implied, in the Content using the Site.

 

All right, title, and interest in and to the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, logos, trademarks, video, and audio, and the design, selection, and arrangement thereof) are held by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

LIMITED USER LICENSE OF COMPANY CONTENT

Subject to your compliance with these Terms, we grant you:

 

1) a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services solely for your own personal non-commercial purposes.

 

2) a limited, nonexclusive, nontransferable, non-sublicensable license to create text hyperlinks to the Website for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content.

 

Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Services; (b) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (c) reverse engineer, decompile, or disassemble the Services; or (d) make the functionality of the services available to multiple users through any means. We reserve all rights in and to the Services not expressly granted to you under these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available through the Services, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials,
  • You may store files that are automatically cached by your Web browser for display enhancement purposes, or
  • As permitted by these Terms.
  • You must not access or use for any commercial purposes any part of the Services or materials available through the Services.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content available through the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

COMPANY LICENSE IN USER CONTENT

When you share, post, or upload User Content (as defined below) that is covered by intellectual property rights on or in connection with the Services, you grant us an unrestricted, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide, and perpetual (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law) license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content, including by incorporating such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works). You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory.

 

You represent and warrant that you own or otherwise control all the rights in the User Content and that our use of the User Content will not infringe on the rights of any third-party.

 

“User Content” means any Content, as defined above, a user of the Services or Website provides to be made available through Services or Website.

 

WARRANTIES; DISCLAIMERS OF WARRANTIES

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED ON THE SERVICES, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE OR RELIANCE THEREON.

 

YOU ACKNOWLEDGE THAT ANY ITEMS PROMOTED ON THE SERVICES AND/OR SOLD BY US ARE ACCEPTED “AS IS, WHERE IS, AND WITH ALL FAULTS.” WE MAKE NO (AND EXPRESSLY DISCLAIM ANY) EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO THE ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR MALWARE OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SERVICES OR THE THIRD-PARTY CONTENT. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM AND YOU HEREBY WAIVE ALL OTHER WARRANTIES, GUARANTEES, OR LIABILITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE (ii) ANY WARRANTY AS TO THE CONDITION, DESIGN SUITABILITY, OPERATION, QUALITY OF WORKMANSHIP OR MATERIALS, OR HISTORY OR LEVEL OF USE, MAINTENANCE, SERVICE OR REPAIR, OF THE ITEM, OR (iii) ANY WARRANTY AS TO THE USE, CONDITION (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM.

 

TO THE EXTENT ANY LAW SPECIFICALLY APPLICABLE TO YOU PROHIBITS THE WARRANTY LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS, SUCH DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU ONLY TO THE EXTENT REQUIRED FOR US TO COMPLY WITH APPLICABLE LAW.

 

DISCLAIMER OF THIRD-PARTY LINKS AND CONTENT

If the Services contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources the accessible via these links and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

You acknowledge and agree that the Services may interact with, rely upon, or be integrated with third-party services. We make no representations, warranties, or covenants, express or implied, regarding the compatibility, reliability, or performance of any third-party services, and expressly disclaim any liability for any loss, damage, or harm arising from or related to such third-party services. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

LIMITATION OF LIABILITY

Plain-Language Summary: This section limits our financial responsibility to you. If something goes wrong with the Services, the most we would owe you is capped at a fixed dollar amount. We are not responsible for indirect losses such as lost profits or lost data. If you disagree with the Services, your remedy is to stop using them. This summary is provided for your convenience only and does not modify the legal terms below.

 

IN NO EVENT WILL WE OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, BUSINESS, REVENUE, OR PROFIT, LOSS OF DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR USE OF THE SERVICES OR ANY ITEMS SOLD THROUGH OR THE SITE, OUR LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $1,000.

 

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

 

ARBITRATION AGREEMENT

Plain-Language Summary: This section requires that most legal disputes between you and us be resolved through a private process called arbitration, rather than in a courtroom before a judge or jury. By agreeing to these Terms, you are giving up your right to go to court, your right to a jury trial, and your right to participate in a class action lawsuit. There is a limited exception for small claims court. Before arbitration begins, we will first try to resolve the dispute informally. This summary is provided for your convenience only and does not modify the legal terms below.

 

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY IT.

 

You and Osmundson Mfg. Co. mutually agree that any cause of action, dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, the Website or your relationship with the Company, including the validity, enforceability, or scope of this Arbitration Agreement (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth below. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and shall apply regardless of any other choice of law provisions in these Terms. You agree to submit any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Services, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms, to confidential, final, and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Iowa law. ANY ARBITRATION UNDER THESE TERMS WILL BE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY WITH RESPECT TO A CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

Before commencing arbitration, you and we must personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by these Terms (an “Informal Dispute Resolution Conference”). The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference, which notice must include a description of the nature of the claim and the specific relief sought. Engaging in the Informal Dispute Resolution Conference is a condition precedent that must be fulfilled before commencing arbitration. Any statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process. If the Informal Dispute Resolution Conference does not resolve the Dispute satisfactorily within sixty (60) days of the initial notice, either party shall have the right to resolve the Dispute through binding arbitration.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this section. The arbitration will be conducted in English.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Iowa and will be selected by the parties from the AAA roster of consumer dispute arbitrators. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The place of arbitration shall be Perry, Iowa (Dallas County). If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar technology. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for its own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees and related costs.

 

The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for Disputes that are within the jurisdictional limits of such court. If a Dispute is initiated in small claims court and subsequently transferred, removed, or appealed to a court of general jurisdiction, the Dispute shall be subject to arbitration as provided herein.

 

Injunctive and Declaratory Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

 

California Residents Only

If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

 

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OSMUNDSON MFG. CO. EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITE, OR YOUR RELATIONSHIP WITH THE COMPANY, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

 

This Arbitration Agreement provision will survive the termination of these Terms.

 

SURVIVAL

The following provisions shall survive any termination or expiration of these Terms or your use of the Services: Intellectual Property and Ownership of Company Data, Company License in User Content, Warranties; Disclaimers of Warranties, Limitation of Liability, Indemnification, Arbitration Agreement, Governing Law and Jurisdiction, and any other provisions that by their nature are intended to survive.

 

SOCIAL MEDIA

Links to our social media pages (e.g., Facebook, X (f/k/a Twitter), and LinkedIn) may be included on the Website (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.

 

FEEDBACK

Osmundson Mfg. Co. welcomes comments regarding the Services or Website. If you submit comments or feedback to us regarding the Services or the Website, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

 

NOTICE FOR INTERNATIONAL USERS

The Services and Website are not intended for use outside of the United States or by users located outside of the United States. The Website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Any personal data collected by the Services and/or the Website are subject to the applicable laws and regulations of the United States.

 

COOPERATION WITH LAW ENFORCEMENT

We will cooperate with law enforcement if you are suspected of having violated applicable laws or if it is required by any law, regulation, governmental authority or by court order, subpoena, civil investigative demand or other legal requirement to provide information about your use of, or access to, the Services or the Website.

 

NO ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

NO WAIVERS

No delay in, or failure to, enforce any right or provision of these Terms by us, or partial enforcement, or any course of dealing related to any right or provision of these Terms, will constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative.

 

NO THIRD-PARTY BENEFICIARIES

These Terms are for your sole benefit, and nothing herein, express or implied, is intended to confer or shall confer any rights or remedies upon any person other than you under these Terms.

 

SEVERABILITY

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

FORCE MAJEURE

We will not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of Osmundson Mfg. Co. and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or computer network or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods, epidemics, pandemics, or other catastrophes.

 

ENTIRE AGREEMENT

These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

GOVERNING LAW AND JURISDICTION; LIMITATIONS

The Services are operated from the United States of America. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Des Moines, and County of Polk, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Any cause of action or other claim with respect to the Services, Website or the subject matter of these Terms must be commenced within one (1) year after the cause of action or claim arises.

 

CONTACT US

For purposes of providing notice or if you have any questions regarding these Terms, you can contact us by:

 

Sending an email to: privacy@osmundsonmfg.com

 

or by sending a letter to:

 

Osmundson Mfg. Co.

P.O. Box 158

Perry, Iowa 50220

Toll-Free: 800-824-6661

Phone: 515-465-3545

Fax: 515-465-2126

 

Account Creation / Service Access Screen:

 

The acceptance interface should display a checkbox (unchecked by default) adjacent to the following text: “I have read and agree to the Terms of Use, including the Arbitration Agreement and Class Action Waiver. I understand that by agreeing, I am waiving my right to a jury trial and my right to participate in class action lawsuits.” The bracketed terms should be hyperlinks to the relevant sections. The “Create Account” or “Continue” button should remain inactive until the checkbox is checked.