One Item Website Terms of Use

(Last updated September 2016)

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES REGARDING THIS SITE.  BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE

These are the official terms and conditions (“Terms of Use”) governing your use of the OneItem.com (the “Site”), an Internet site owned and operated by One Item Inc. and its affiliates (together “One Item”).  By using the Site, you accept and agree to these Terms of Use.  These Terms of Use govern only the content, features, use and activities related to this Site.  Use of applications offered by One Item are governed by the application EULA.  One Item reserves the right to update these Terms of Use at any time without notice to you. The most current version can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

The information contained and accessed on the Site is provided by One Item for general guidance and is intended to offer the user general information of interest. The information provided is not intended to replace or serve as a substitute for any professional advice, consultation or service.

License to use Site; Restrictions

One Item owns the copyrights and other intellectual property rights in the Site and material on the Site.  Subject to the license below, all of these rights are reserved.

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

Except as otherwise expressly permitted in these Terms of Use, you must not:

  • Republish material from this Site (including republication on another website)
  • Sell, rent or sub-license material from this Site.
  • Show any material from the Site in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose.
  • Edit or otherwise modify any material on this Site; or
  • Redistribute material from this Site except for content specifically expressly made available for redistribution.

As content on the Site is copyrighted, any unauthorized use of any materials on the Site may violate copyright, trademark and other laws. Should a user download the materials on the Site for personal or non-commercial use, the user must retain all copyright, trademark or other similar notices contained in the original materials or on any copies of the material. Materials on the Site may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without the explicit written permission from the appropriate content or material provider. One Item bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by One Item.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair any One Item server, or the network(s) connected to any One Item server.

NO WARRANTY; LIMITATION OF LIABILITY. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS, PRODUCTS AND POSTINGS ON THIS SITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ONE ITEM DOES NOT MAKE AND HEREBY DISCLAIMS (I) ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITION, TITLE, MERCHANTABILITY OR NONINFRINGEMENT; AND (II) ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE OR IS ERROR FREE OR FREE OF VIRUSES, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONE ITEM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Privacy Policy

See the Privacy Policy disclosures relating to the collection and use of your information at www.OneItem.com/privacy.  By using this Site, you agree to the terms and condition of the Privacy Policy.

Your Material

One Item does not claim ownership of the materials you submit (including feedback and suggestions), upload, or input. However, by uploading, inputting, providing or submitting (“Posting”) your material, you are granting One Item and its affiliated companies permission to use your material in connection with the operation of their businesses. No compensation will be paid with respect to the use of your material.

By Posting materials, you warrant and represent that you own or otherwise control all of the rights to the content, including, without limitation, all the right necessary for you to provide, post, upload, input or submit the material.

Indemnification

You agree to indemnify, defend and hold One Items harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

Applicable Law; Venue and Jurisdiction; Statute of Limitations

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with One Item based upon or in any manner related to the Site or these Terms of Use  shall be in the state or federal courts located in King County, Washington, USA. TO THE FULLEST EXTENT PERMITTED  BY APPLICABLE LAW, YOU AND ONE ITEM AGREE THAT ANY CLAIM WILL BE HANDLED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR CLAIM, AND FURTHER, THAT YOU AND ONE ITEM EACH WAIVE ANY RIGHT TO A JURY TRIAL.

To the fullest extent permitted by applicable law, you and One Item agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Term of Use or the Site or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

Miscellaneous

You agree that One Item may at any time make changes to these Terms of Use or the Privacy Policy, and you accept the Terms of Use or Privacy Policy as modified by accessing the Site. If any provision of these Terms of Use is construed as unenforceable or fails of its essential purpose, such provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, such provision will be severed and deleted from these Terms of Use, and the remainder of the Terms of Use will continue in effect.  These Terms of Use represent the complete agreement concerning use of the Site and supersedes all prior agreements and representations between One Item and you regarding the subject matter of these Terms of Use.

 

©2016 One Item Inc.  All rights reserved.  HUMAN HEALTH INDEX and ONE ITEM are the exclusive trademarks of One Item, Inc.