terms of use

Agreement

May 25, 2012 Terms of Use Agreement

This website, http://shop.oneindustries.com and all pages therein (collectively, the "Website") is hosted by One Industries Corp. and contains content owned or controlled by One Industries Corp., its parent, and its parents’ subsidiaries and affiliates (collectively, "One Industries").

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of the Website or any other One Industries website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

User Comments

We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of One Industries. Your submission of any such Comments shall constitute an irrevocable assignment to One Industries of any and all worldwide rights, titles and interest in all copyrights and other intellectual property rights in the Comments. As such, One Industries and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

Trademarks

One Industries, ONE, [TAGMETALS, SIXSIXONE] and related logos are registered trademarks of One Industries Corp. in the United States and other countries. One Racewear, One I.D., One Helmets, and other marks indicated on our Website are trademarks or registered trademarks of One Industries and its affiliates in the United States and other countries. All rights in such names are hereby reserved.

All rights in the product names, company names, trade names, graphics, other logos, page headers, button icons, scripts, product packaging, trade dress and designs of all One Industries or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to One Industries or their respective owners, as the case may be, and are protected from infringement, imitation, dilution, or confusing or misleading uses under national and international trademark and unfair competition laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of One Industries or any third party.

Copyright

All copyrights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by One Industries, its affiliates or its third-party licensors, as the case may be, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from and you hereby agree not to engage in copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of One Industries, its affiliates or any third party.

For usage permission, please contact us via e-mail at info@oneindustries.com.

Notice of Copyright Infringement

One Industries respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide One Industries' Copyright Agent with the following information:

(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that One Industries may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

One Industries' Copyright Agent for notice of claims of copyright infringement on the Website is One Industries Americas' General Counsel, who can be reached as follows:

One Industries

General Counsel, Americas 12270 World Trade Drive, Suite 103 San Diego, CA 92128

License and Website Access

One Industries grants you a personal, limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify the Website, or any portion of it, except with the express prior written consent of One Industries. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of One Industries. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of One Industries and its affiliates without the express prior written consent of One Industries. You may not use meta tags or any other hidden text using One Industries' name or trademarks without the express prior written consent of One Industries. Any unauthorized use will immediately terminate the permission or license granted by One Industries hereunder.

Third Party and Co-Branded Websites

The Website may contain hyperlinks ("links") to websites operated by persons or entities other than One Industries ("Third-party Websites") or to co-branded websites operated by a third party, including affiliates ("Co-branded Websites"). We provide such links for your reference and convenience only. A link from One Industries to a Third-party Website or Co-branded Website does not imply or mean that we endorse the content on that Third-party Website or Co-branded Website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any Third-party Websites or Co-branded Websites to which you might link from our Website. ONE INDUSTRIES IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from One Industries. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any Co-branded Website will be accurate, complete, and current. You will pay and hereby authorize all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with One Industries, its affiliates or any Co-branded Website at the prices in effect when such charges are incurred. You hereby authorize One Industries to process all such payments using the payment method you select in such transaction. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration, but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Website are sold to you FOB shipping point and will be transported and delivered to you by an independent carrier not affiliated with, or controlled by, One Industries. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when One Industries delivers these items to the carrier.

Product Information

One Industries attempts to be accurate in describing its products. We do not warrant that product descriptions or other content on the Website are complete, reliable, current, or error-free. Most One Industries products displayed on the Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SITE IS PROVIDED BY ONE INDUSTRIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE INDUSTRIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.

IN NO EVENT WILL ONE INDUSTRIES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, OR ANY PRODUCT SOLD THEREIN, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR SUCH PRODUCT INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES OR PURCHASE OF ANY PRODUCT; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO ONE INDUSTRIES THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in San Diego County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate One Industries' intellectual property rights, One Industries may seek injunctive or other appropriate relief in any state or federal court in San Diego County, California, United States of America, and you hereby consent to the exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless One Industries and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by One Industries arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and One Industries as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of One Industries' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by One Industries with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of One Industries to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between One Industries and you regarding our Website and its contents.

All rights not expressly granted herein are hereby reserved to One Industries.

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