oneoeight.com CONDITIONS OF USE
Last modified: October 6, 2015
Welcome to oneoeight.com! oneoeight.com provides its services to you subject to the following conditions. If you visit oneoeight.com, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to oneoeight.com, to understand our practices.
We are committed to protecting the privacy of children. oneoeight.com is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of oneoeight.com for which registration is required, such as any forums and/or chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. oneoeight.com does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. oneoeight.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit oneoeight.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of oneoeight.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of oneoeight.com and protected by U.S. and international copyright laws. All software used on this site is the property of oneoeight.com or its software suppliers and protected by United States and international copyright laws.
ONE O EIGHT, oneoeight.com, and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of oneoeight.com or its affiliates in the U.S. and/or other countries. oneoeight.com’s trademarks and trade dress may not be used in connection with any product or service that is not oneoeight.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits oneoeight.com. All other trademarks not owned by oneoeight.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by oneoeight.com or its affiliates.
LICENSE AND SITE ACCESS
oneoeight.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of oneoeight.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of oneoeight.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of oneoeight.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing oneoeight.com’s name or trademarks without the express written consent of oneoeight.com. Any unauthorized use terminates the permission or license granted by oneoeight.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of oneoeight.com so long as the link does not portray oneoeight.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any oneoeight.com logo or other proprietary graphic or trademark as part of the link without express written permission.
NO MEDICAL ADVICE
The contents of oneoeight.com, such as video, blogs, articles, text, graphics, images, information obtained from oneoeight.com’s licensors, and other material contained on oneoeight.com (“Content”) are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional, medical, health, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, exercise regimen or any question you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on oneoeight.com.
If you think you may have a medical emergency, call your doctor or 911 immediately. oneoeight.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on oneoeight.com. Reliance on any information provided by oneoeight.com, oneoeight.com employees, others appearing on oneoeight.com at the invitation of oneoeight.com, or other visitors to oneoeight.com is solely at your own risk.
oneoeight.com may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use oneoeight.com.
CANCELLATION AND REFUND POLICY
Cancellation and Refunds of Digital Subscriptions
You can change or cancel your digital subscription at any time by emailing Customer Care at email@example.com. Monthly Subscription. When you cancel a subscription based on a monthly cycle, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time and the account will be cancelled upon your next due billing date. You will not receive a refund for the current billing cycle. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. oneoeight.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of oneoeight.com, Rachel Brathen (including personal email addresses of principals and employees of oneoeight.com) or her agents, employees, affiliates or assigns, and unless we indicate otherwise, you automatically grant oneoeight.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant oneoeight.com and its affiliates and sublicensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by oneoeight.com and/or by any person authorized by oneoeight.com by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify oneoeight.com or its affiliates for all claims resulting from content you supply. oneoeight.com has the right but not the obligation to monitor and edit or remove any activity or content. oneoeight.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Any and all correspondence sent to oneoeight.com, Rachel Brathen or her agents, employees, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of oneoeight.com. oneoeight.com reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by oneoeight.com or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release oneoeight.com, Rachel Brathen, its and her successors, assigns, licensees, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
CONTRIBUTIONS TO oneoeight.com
From time to time, if ever, oneoeight.com may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) oneoeight.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) oneoeight.com shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) oneoeight.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of oneoeight.com without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from oneoeight.com under any circumstances.
oneoeight.com may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
oneoeight.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted on or through the website by any party, nor does oneoeight.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of oneoeight.com.
oneoeight.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
RISK OF LOSS
All items purchased from oneoeight.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
oneoeight.com and its affiliates attempt to be as accurate as possible. However, oneoeight.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Music used in our trailer videos by Kanoa Wolfe-Doblin.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY oneoeight.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. oneoeight.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, oneoeight.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. oneoeight.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM oneoeight.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. oneoeight.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, oneoeight.com, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF oneoeight.com.
2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON oneoeight.com.
IN ADDTION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY oneoeight.com, RACHEL BRATHEN, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH oneoeight.com, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF oneoeight.com OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH oneoeight.com.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER oneoeight.com NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless oneoeight.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to oneoeight.com from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. oneoeight.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with oneoeight.com in asserting any available defenses.
oneoeight.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does oneoeight.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of oneoeight.com.
EXTERNAL LINKS DISCLAIMER
oneoeight.com routinely contains links to external, third party websites. By providing links to other sites, oneoeight.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to oneoeight.com.
oneoeight.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to oneoeight.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
STANDARD CONTEST RULES
The following are the official rules for all contests/sweepstakes/giveaways on oneoeight.com, if any, unless otherwise noted. NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Instagram, Twitter, or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. oneoeight.com is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by oneoeight.com for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.
By participating in any contest or sweepstakes offered on the website, you release oneoeight.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold oneoeight.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on oneoeight.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, oneoeight.com may substitute a prize of like or equal value. oneoeight.com reserves the right to alter any rules of any contest at anytime.
oneoeight.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of oneoeight.com. By submitting any photo or information to oneoeight.com, you hereby grant to oneoeight.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to oneoeight.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to oneoeight.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to oneoeight.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that oneoeight.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to oneoeight.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to oneoeight.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of oneoeight.com, and oneoeight.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
By visiting oneoeight.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and oneoeight.com or its affiliates.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Los Angeles County, California, before one (1) arbitrator. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures at the Los Angeles office of JAMS including the Optional Appeals Procedure. The arbitrator shall be a disinterested attorney or retired judge experienced in entertainment matters. Such arbitration shall include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. Judgment on any award may be entered in any court of competent jurisdiction. The Parties hereto consent to the jurisdiction of the Superior Court of the State of California, Central Judicial District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded costs and reasonable attorneys fees associated with the arbitration.
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to oneoeight.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO CONTACT US