By signing up for, or using the ONA services or any of the services of ONA Inc. or its affiliates (“ONA”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by ONA under the Terms of Service include various products and services you purchase, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by ONA are referred to in these Terms of Services asthe“Services”. ONA reserves the right to update and change the Terms of Service by posting updates and changes to the ONA website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Please read the “Terms of Service” for the complete picture of your legal requirements. By using ONA or any ONA services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Ona account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Ona may reject your Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Ona will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Ona cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Ona will result in an immediate termination of your Account.
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of California and the laws of USA applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of California respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that ONA may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ONA’s website, available at https://www.onawear.com/pages/terms-and-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ONA’s website constitutes your agreement to, and acceptance of,the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the ONA service for any illegal or unauthorized purpose nor may you, in the use of the Service,violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario.You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of theService, or access to the Service without the express written permission by ONA.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ONA or ONA trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to support@ONAWear.com.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ONA’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.onawear.com/pages/terms-and-conditions will prevail.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. ONA shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without ONA’s prior written consent, to be given or withheld in ONA’s sole discretion.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any ONA customer, ONA employee, member, or officer will result in immediate Account termination.
- ONA does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- ONA retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ONA reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that ONA shall not be liable for any direct, indirect, incidental, special,consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use,data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall ONA or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,affiliates, ONA partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- ONA does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- ONA does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- ONA does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of ONA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and ONA and govern your use of the Service, superseding any prior agreements between you and ONA (including, but not limited to, any prior versions of the Terms of Service).
ONA Confidential Information
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“ONA Confidential Information”). You agree that: (a) ONA Confidential Information will remain ONA’s exclusive property;(b) you will use ONA Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose ONA Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the ONA Confidential Information as those contained in theseTerms of Service; and (d) you will take all reasonable measures to protect the ONA Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.
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