Terms and Conditions
Site Terms of Use
This website “Website” is an Internet property of One Offs Plus LLC (“oneoffsplus.com”, “One Offs Plus”, “we” or “us”). You expressly agree to the following Website Terms of Use (“Terms”) in their entirety, when you: (1) access or use the Website; and/or (2) purchase products or services of any kind offered on our Website (“Online Products”). The Privacy Policy (“Privacy Policy”) and any and all other stated One Offs Plus rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time with or without notice to you, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever, and your use of the Website in any of the aforementioned manners constitutes (1) your agreement to be bound by the Terms and the Agreement.; and (2) an express waiver of any right to claim that you are not bound by the Terms and the Agreement, in their entirety, at any time in the future. We reserve the right to change the Terms and the Agreement or to impose new conditions on the use of the One Offs Plus Sites (as hereinafter defined), from time to time, without notice but in which case we will post the revised Terms or Agreement on the One Offs Plus Sites. By continuing to use the One Offs Plus Sites after we post any such changes, you expressly accept the Terms and the Agreement, in their entirety and as modified, as previously agreed.
YOU EXPRESSLY WARRANT AND AGREE: (1) I AM AT LEAST 18 YEARS OF AGE; (2) I AM RESPONSIBLE FOR OBEYING ALL GUIDELINES OF THE ONLINE PRODUCTS AND ALL LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE, MUNICIPAL, AND TRIBAL STATUTES, RULES, REGULATIONS, ORDINANCES, AND JUDICIAL DECISIONS, INCLUDING COMPLIANCE WITH ALL APPLICABLE LICENSING REQUIREMENTS; (3) I WILL NOT USE THE ONE OFFS PLUS SITES (AS HEREINAFTER DEFINED) OR ANY PRODUCTS, SERVICES, CONTENT, WRITTEN MATERIALS, DESIGNS, CONCEPTS, PLANS, ETC. FOR ANY ILLEGAL PURPOSES; AND (4) ONE OFFS PLUS MAY MAKE CHANGES TO THESE TERMS OR THE AGREEMENT AT ANY TIME WITHOUT NOTIFYING ME AND AS A USER, I AM SOLELY REPSONSIBLE FOR READING AND ABDIING BY THE MOST CURRENT VERSION OF THE TERMS AND THE AGREEMENT.
1. Definitions
The “One Offs Plus Sites” shall mean all areas and services offered or available on the interactive online service operated by One Offs Plus and/or its affiliates on the World Wide Web. The One Offs Plus sites consist of information, services and content provided by One Offs Plus and/or its affiliates and/or third parties.
2. General
One Offs Plus shall have the right at any time to change or discontinue any aspect or feature of the Online Products or the One Offs Plus Sites including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Any use of the One Offs Plus Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of Sites.
A. The One Offs Plus Sites and all the material or products available therein are the property of One Offs Plus and/or our affiliates or licensors. The One Offs Plus Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the One Offs Plus Sites are copyrighted as a collective work under the United States copyright laws. One Offs Plus is the owner of the copyright in the entire One Offs Plus Sites. One Offs Plus owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The One Offs Plus Sites are provided solely for your personal use. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the One Offs Plus Sites or any portion of it in any manner that constitutes an infringement of our intellectual property rights or that has not been authorized by One Offs Plus in writing. Except as otherwise expressly permitted in these terms, in the Agreement, or under applicable intellectual property law, you may not modify, copy, reproduce, distribute, redistribute, publish, republish, upload, post, transmit, translate, sell, create derivative works, display, or commercially exploit any material from the One Offs Plus Sites in any manner or medium (including by email or other electronic means) any and all material from the One Offs Plus Sites without the express permission of One Offs Plus and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the One Offs Plus Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. You hereby grant to One Offs Plus and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, copy, transmit, sell, lease, sublicense, assign, exploit distribute, publicly perform, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, in any manner or medium, whether now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, any e-mail, video, graphic, data, or information sent, posted, or submitted by you via any means or medium to One Offs Plus (in whole or in part), including without limitation, comments blog entries, reviews, social media postings, photos, recordings, and videos (collectively, “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed. Additionally, you expressly represent and warrant that you are the sole and rightful owner of the Material, or are making your posting or submission with the express consent of the owner of the Material. The foregoing grant shall include the right to exploit any proprietary rights in such Material, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant to One Offs Plus, and anyone authorized by One Offs Plus, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as One Offs Plus deems appropriate in its sole discretion. You acknowledge and agree that any contributions originally created by you for One Offs Plus or submitted to One Offs Plus through the One Offs Plus Sites shall be deemed a “work made for hire” when the work is performed within the scope of the definition of a work made for hire in Section 101 of the Untied States Copyright Act, as amended. As such, the copyrights in those works shall belong to One Offs Plus and it shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds of such works in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, in all language, as One Offs Plus determines its sole discretion. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the United States Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey, and transfer to One Offs Plus all proprietary rights, including without limitation, all copyrights, service marks, patents, and trademarks throughout the universe, in perpetuity and in every medium, whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights in every medium whether now known or hereafter devised, throughout the universe, in perpetuity. You acknowledge that One Offs Plus has the right but not the obligation to use and display any postings, contributions, submissions, or Material of any kind and that One Offs Plus may elect to cease the use and display of the same (or any portion thereof), at any time for any reason whatsoever.
C. You may not, without our prior written permission, frame or inline link any of the content of the One Offs Plus Sites or incorporate into another website or other service any of our material, content, products, services, or other intellectual property.
D. You shall provide One Offs Plus with accurate, complete and updated information provided by you at the time of your purchase.
E. The One Offs Plus Sites contain links to other Web sites, resources and advertisers. One Offs Plus is not responsible for the availability of these external sites nor does it endorse, sponsor, or is it responsible for or does it control the contents, advertising, products or other materials made available on or through such external sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not of One Offs Plus. One Offs Plus does not guarantee the accuracy, completeness, or usefulness of any content of a third party provider of information, products, or services. Furthermore, One Offs Plus neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any third party website. Under no circumstances shall One Offs Plus be held responsible or liable, directly or indirectly to you or any third party associated with you, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master.
F. You agree not to take any action to interfere with the function or accessibility of the One Offs Plus Sites or to take any action to restrict the access of others thereto.
G. The foregoing provisions of this Section 3 are for the benefit of One Offs Plus , its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
H. One Offs Plus has carefully designed the One Offs Plus Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the One Offs Plus Nutrition’ Site in any way that interferes with that purpose. In particular, One Offs Plus Nutrition’ prohibits any party from displaying the content on the One Offs Plus Sites in any format where third party advertising or other materials that One Offs Plus did not authorize in writing is viewed or viewable together with One Offs Plus’s proprietary content.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE ONE OFFS PLUS SITE IS AT YOUR SOLE RISK. NEITHER ONE OFFS PLUS , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ONE OFFS PLUS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONE OFFS PLUS SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES. THE ONE OFFS PLUS SITES ARE CONTINUALLY UNDER DEVELOPMENT AND ONE OFFS PLUS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
B. THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE ONE OFFS PLUS SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ONE OFFS PLUS’S PRODUCTS, SERVICES, DIRECTIONS, MATERIALS, CONTENT, DIAGRAMS, CONCEPTS, ETC., OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU DO HEREBY ACKNOWLEDGE THAT USING ONE OFFS PLUS’S PRODUCTS, PLANS, DIRECTIONS, DIAGRAMS, DESIGNS AND MATERIALS MAY POSE KNOWN AND UNANTICIPATED SUBSTANTIAL RISKS OF PHYSICAL INJURY AND/OR DEATH, DISEASE OR ILLNESS AND/OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY. YOU HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISKS AND DO AGREE AND ACKNOWLEDGE THAT YOUR USE OF ONE OFFS PLUS’s MATERIALS FOR ANY PURPSOE IS OF YOUR OWN FREE WILL AND COMPLETELY VOLUNTARY, REGARDLESS OF ANYTHING STATED OR IMPLIED. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE IN CONJUNCTION WITH ONE OFFS PLUS’S PRODUCTS, SERVICES, CONTENT, WRITTEN MATERIALS, DESIGNS, DIRECTIONS, DIAGRAMS, CONCEPTS, PLANS, ETC.AND AGREE YOU WILL USE YOU OWN FREE WILL AND DISCRETION, CONSIDERING YOUR PHYSICAL AND MENTAL HEALTH, WHEN DECIDING IF IT IS APPROPRIATE FOR YOU TO USE ONE OFFS PLUS’S PRODUCTS, SERVICES, CONTENT, WRITTEN MATERIALS, DIAGRAMS, DIRECTIONS, DESIGNS, CONCEPTS, PLANS, ETC.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY ACT OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ONE OFFS PLUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ONE OFFS PLUS DOES NOT WARRANT THAT THE ONE OFFS PLUS SITES OR ANY OF THEIR FUNCTIONS OR ONE OFFS PLUS’s PRODUCTS, SERVICES, CONTENT, WRITTEN MATERIALS, DIRECTIONS, DIAGRAMS, CONCEPTS, OR PLANS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PARTS OF THE ONE OFFS PLUS SITES, INCLUDING MESSAGE BOARDS OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE ONE OFFS PLUS SITES OR MATERIALS ON THE ONE OFFS PLUS SITES OR ON THIERD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
D. IN NO EVENT WILL ONE OFFS PLUS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ONE OFFS PLUS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONE OFFS PLUS OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE ONE OFFS PLUS SITE. ONE OFFS PLUS’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ONE OFFS PLUS.
E. ONE OFFS PLUS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ONE OFFS PLUS SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL ONE OFFS PLUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE ONE OFFS PLUS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ONE OFFS PLUS SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. ONE OFFS PLUS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ONE OFFS PLUS SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH ONE OFFS PLUS PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ONE OFFS PLUS MAKES PRODUCTS OR SERVICES AVAILABLE ON THE Hormonal ONE OFFS PLUS SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
G. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ONE OFFS PLUS’S LIABILITY AND THE LIABILITY OF THE AFFILIATED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
5. Indemnification
You agree to defend, indemnify and hold harmless One Offs Plus , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the One Offs Plus Sites, including claims by other users of your equipment, access or membership. You further agree at all times to defend, fully indemnify, and hold harmless One Offs Plus and its affiliates, successors, transferees, assignees, and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, owners, members, contractors, and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein or in the Agreement.
6. Termination
One Offs Plus shall have the right to immediately terminate this Agreement without notice with respect to any user which One Offs Plus, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of the Terms and the Agreement shall survive termination of the Terms or the Agreement, where applicable. In the event of cancellation or termination, you understand and agree that you are no longer authorized to access the part of the One Offs Plus Sites affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the One Offs Plus Sites, and the disclaimers and limitations of liabilities set forth in these Terms and the Agreement, shall survive any termination of these terms or of your use of the One Offs Plus Sites or any portion thereof.
7. Trademarks
All trademarks appearing on the One Offs Plus Sites are the property of their respective owners, including, in some instances, One Offs Plus, and/or affiliated companies.
8. Refund Policy
Your order comes with a 180 Day, 100% Money Back Guarantee. That means if you change your mind about this decision at any point in the next six months – all you need to do is email us or call our customer support team, and we’ll refund your purchase.
9. Shipping Policy
We offer free shipping to anywhere in the continental United States. All orders placed between the hours of 6 am and 3 pm Monday and Friday will be shipped out in 2-3 business days. Business days are Monday through Friday, excluding all US postal holidays. Handling is also included in your order. As soon as your order is shipped, you will be sent a confirmation email with your tracking numbers necessary to locate and track the status of your order in transit.
10. Miscellaneous
This Agreement and any operating rules for the One Offs Plus Sites established by One Offs Plus constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any One Offs Plus Site shall be brought in state or federal courts in Austin, Texas, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to One Offs Plus to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms or the Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by One Offs Plus infringe your copyright, you, or your agent may send to One Offs Plus a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon One Offs Plus actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to One Offs Plus a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. One Offs Plus’s agent for notice of claims of copyright infringement or counter-notices can be reached via the contact information listed on the One Offs Plus Sites.
11. Online Commerce
If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and One Offs Plus. A merchant may have privacy and data collection practices that are different from One Offs Plus’s. You hereby acknowledge that One Offs Plus has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the One Offs Plus Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You hereby forever release One Offs Plus and its affiliates, successors, transferees, assignees and licensees, parent and subsidiary companies, agents, associates, officers, directors, shareholders, owners, members, contractors, and employees (“OOP Released Parties”) from any damages that you incur, and agree not to assert any claims against One Offs Plus or the OOP Released Parties, arising from your purchase or use of any products or services made available by third parties through the One Offs Plus Sites.
Your participation, correspondence or business dealings with any third party found on or through the One Offs Plus Sites, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You irrevocably agree that One Offs Plus shall not be responsible or liable for any loss, damage, action, cause of action, or other matters of any sort incurred as the result of such dealings.
You agree that you are solely financially responsible for all purchases made by you or someone acting on your behalf through the One Offs Plus Sites. You agree to use the One Offs Plus Sites and to purchase services or products through the One Offs Plus Sites for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
12. Interactive Features
The One Offs Plus Sites may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to One Offs Plus and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted in public posting areas on the One Offs Plus Sites, or sent via any email services on the One Offs Plus Sites, lies with each user – you alone are responsible for the material you post or send. One Offs Plus does not control the messages, information or files that you or others may provide through the One Offs Plus Sites. It is a condition of your use of the One Offs Plus Sites that you do not:
(a) Restrict or inhibit any other user from using and enjoying the One Offs Plus Sites.
(b) Use the One Offs Plus Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(c) Interfere with or disrupt any servers or networks used to provide the One Offs Plus Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the One Offs Plus Sites.
(d) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
(e) Gain unauthorized access to the One Offs Plus Sites, or any account, computer system, or network connected to this One Offs Plus Sites, by means such as hacking, password mining or other illicit means.
(f) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the One Offs Plus Sites.
(g) Use the One Offs Plus Sites to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
(h) Use the One Offs Plus Sites to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by any intellectual proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
(i) Use the One Offs Plus Sites to post or transmit any information, software or other material that contains a virus or other harmful component.
(j) Use the One Offs Plus Sites to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
(k) Use the One Offs Plus Sites to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without One Offs Plus’s express prior written approval.
(l) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the One Offs Plus.
One Offs Plus may host message boards, chats and other public forums on its One Offs Plus Sites. Any user failing to comply with the Terms, the Agreement, or any provision hereof may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. One Offs Plus or its designated agents may remove or alter any user-created content at any time for any reason without notice. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by One Offs Plus staff, One Offs Plus’s outside contributors, or by users not connected with One Offs Plus, some of whom may employ anonymous user names. One Offs Plus expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by users or third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. You hereby agree that One Offs Plus or its affiliates, suppliers, owners, members, employees, or agents, under no circumstances be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of One Offs Plus or any of its subsidiaries or affiliates.
You hereby acknowledge One Offs Plus has no obligation or responsibility whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the One Offs Plus Sites. However, you acknowledge and agree that One Offs Plus has the absolute right to monitor the same at its sole discretion. In addition, One Offs Plus reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
12. Passwords
To use certain features of the One Offs Plus Sites, you may need a username and password, which you will receive through the One Offs Plus Sites’ registration process. You agree that you are solely responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You agree that One Offs Plus will not be liable for any loss or damage arising from your failure to protect your password or account information.
13. Class Action Waiver
You hereby irrevocably waive the right to bring any controversy, claim, or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases from the One Offs Plus Sites, or products purchased through the One Offs Plus Sites as a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and the Agreement by doing the following: within fifteen (15) days of setting up your Account, you must send a letter to 20803 Biscayne Blvd. Suite 440, Aventura, FL 33180 addressed specifically to us that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other terms and provisions herein shall continue to apply to you. Notwithstanding any provision in these Terms and the Agreement to the contrary, One Offs Plus agrees that, if One Offs Plus makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to our address), you may reject any such change by sending a letter to us within fifteen (15) days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable fifteen (15) day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable fifteen (15) day deadline.
14. Promo and Discount Codes.
Discount and promotional codes given for use at the One Off Plus Sites are non-transferrable and not for resale.