ONE Brands, LLC. (including its various subsidiaries and affiliates) (“ONE Brands”) provides various Internet web sites. Your use of these web sites or any other web sites on which these terms and conditions (“Terms” or “Terms and Conditions”) reside (collectively, “Sites”) are subject to the following terms and conditions. Your use of our Sites constitutes acceptance of these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of Pennsylvania law. Please note that ONE Brands’ brand website, located at www.ohyeahnutrition.com (“Brand Site”), is not directed at and does not offer any goods or services to users from the EU/EEA. By accessing and using the Brand Site you confirm that you are not located in the EU/EEA.
From time to time we may update the Sites and these Terms. Your use of the Sites after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. ONE Brands may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that ONE Brands will have no liability to you if the Sites are discontinued (in whole or in part) or your ability to access the Sites or any content you may have posted on the Sites is terminated.
ONE Brands maintains Sites for your personal entertainment, information and education. The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights and other properties appearing within ONE Brands’ Sites are protected intellectual properties used by ONE Brands and/or its related companies. These properties may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, or used for any commercial purpose whatsoever, except that you may, for personal and non-commercial use only, download one copy onto your personal computer. In order to protect these valuable assets, ONE Brands must prohibit other uses without its prior written consent. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
ONE Brands likes to hear from consumers and what they think about our products. If you choose to forward or transmit to ONE Brands’ Sites by electronic mail or otherwise any suggestion type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Furthermore, ONE Brands is free to use any ideas or concepts contained in any communication you send to ONE Brands’ Sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
The material in these Sites could include technical inaccuracies or other errors. YOUR USE AND BROWSING OF ONE BRANDS’ SITES IS AT YOUR RISK. NEITHER ONE BRANDS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. ONE BRANDS DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FIRST PARAGRAPH UNDER THIS SECTION (TECHNICAL DISCLAIMER) SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ONE BRANDS’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
You should assume that everything you see or read on ONE Brands’ Sites is copyrighted unless otherwise noted and may not be used (except as provided in these Terms and Conditions or in the text on ONE Brands’ Sites) without the written permission of ONE Brands. ONE Brands neither warrants nor represents that your use of materials displayed on ONE Brands’ Sites will not infringe rights of third parties not owned by or affiliated with ONE Brands. Images, photographs, or illustrations displayed on ONE Brands’ Sites are either the property of, or used with permission by, ONE Brands. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on ONE Brands’ Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties appearing within ‘ONE Brands Sites (collectively the “Trademarks”) displayed on ONE Brands’ Sites are protected intellectual properties that are registered and unregistered trademarks of ONE Brands, its affiliates and others. Nothing contained on ONE Brands’ Sites should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of ONE Brands or such third party that may own the Trademark displayed on ONE Brands’ Sites. Your misuse of the Trademarks displayed on ONE Brands’ Sites, or any other content on ONE Brands’ Sites, except as provided herein, is strictly prohibited.
ONE Brands is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. ONE Brands will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for the Sites in the manner described below:
By Mail: Registered Agent
ONE Brands, LLC
5400 West W.T. Harris Blvd, Suite L
Charlotte, NC 28269
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
The following requirements apply to your use the Sites: (a) you will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Sites for any commercial purpose not expressly approved by ONE Brands in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Sites you may be able to submit photos, written posts (including, but not limited to, ratings and reviews) and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of ONE Brands, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of our services, or any feature of our Sites. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111). You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Sites or features therein. ONE Brands may cancel your account and delete all User Content associated with your account at any time, and without notice, if ONE Brands deems that you have violated these Terms, the law, or for any other reason. ONE Brands assumes no liability for any information removed from our Sites, and reserves the right to permanently restrict access to the Sites or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Sites, you hereby grant to ONE Brands a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Sites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
These Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. By using these Sites, you hereby agree that any and all disputes regarding these Terms will be subject to the federal courts located in the Middle District of Pennsylvania. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Sites and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
The failure of ONE Brands to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of ONE Brands, shall not be deemed a breach of these Terms.
If ONE Brands fails to act with respect to your breach or anyone else’s breach on any occasion, ONE Brands is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and ONE Brands, and is accepted by you upon your use of our Sites or your account. These Terms constitute the entire agreement between you and ONE Brands regarding the use of the Sites and your account. By using the Sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
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