Terms & Conditions
Terms & Conditions
Last Updated: February 2017
- Copyright and Ownership. All of the content displayed on the Website including, but not limited to, images, text, graphics, videos, photographs, and illustrations (“Content”), is owned by Company, its licensors, vendors, agents and/or its Content providers. All trademarks and trade names used by Company herein are trademarks of Company, or its affiliates, partners, vendors or licensors. You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or in any way modify the trademarks displayed on the Website in any way and for any purpose without prior written consent from Company or the applicable trademark holder. All elements of the Website including, but not limited to, the general design and the Content, are protected by copyright, trade dress, trademark, and other laws relating to intellectual property rights. You are not authorized to modify any of the materials on the Website and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the information or work contained on the Website.
- Products and Content. All features of the products and prices or the products described or depicted on the Website are subject to change at any time and without prior notice. Company makes all reasonable efforts to accurately display the attributes of the products including, but not limited to, the colors. The actual colors that you see will depend on your computer and Company cannot guarantee that your computer will accurately display the colors. The inclusion of a product on the Website at any particular time does not in any way imply or warrant that such a product will be available at all times. You agree to comply with all applicable United States and international laws, statutes and regulations regarding your use of the Website and the Services, including minimum age requirements, in regard to the purchase, possession, use and sale of products purchased from the Website.
- Hyperlinks. You are not entitled to set up links of any kind from your own website(s) to the Website (nor may you assist others in doing so) without prior written consent from Company.
- Editing, Deleting and Modification of Content on Website. We reserve the right in our sole discretion to edit and/or delete any information or other content appearing on the Website.
- Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE WEBSITE, THE CONTENT, AND/OR THE SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED BY ONEL (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN ADDITION COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OR THE WEBSITE, OR ANY OF THE SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBISTE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
- Limitation of Liability. BY USING THE WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK; AND (2) COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES RELATED TO YOUR USE OR INABILITY TO THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except where prohibited by law, you and We agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Website, the Services or Materials provided through our Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our products, that cannot be resolved through an informal process or through negotiation within 120 days shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and We agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and We further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, We will reimburse you for any standard filing fee which may have been required by AAA once you have notified us in writing and provided a copy of the arbitration proceedings. However, if We are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide, representative basis, or with other arbitration(s) or other proceedings that involve any claim or controversy of any other party. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us, our agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the State and Federal Courts in Nevada.
- YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND YOUR EXCLUSIVE REMEDY SHALL BE TO RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.