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Terms and Conditions
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Terms of Use
Welcome to Onederwear.com (the "website" or the "Web Site"). This website is owned and operated by Break Room Concepts.,
its affiliates, agents and licensors (collectively, "we", "us", "our" or "BRC").
You understand that your use of this website constitutes your consent to and agreement to abide by the most current version
of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms.
You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions.
The most up to date version of the Terms will always be available for your review under the "Terms of Use"
link that appears at the bottom of the website. We may also offer other services from time to
time that are governed by different and/or additional terms and conditions. For instance,
when you become a member on Onederwear.com, your customer relationship is also governed by the Account Agreement , amended from time to time, and always accessible on the website.
PRIVACY
Our Privacy Policy Statement also governs your visit to Onederwear.com .
GRANT OF LICENSE
Break Room Concepts grants you a single, non-exclusive, limited personal license to access and use the website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by Onederwear.com in writing, you agree not to use any software, program, application or any other device to access or log on to Onederwear.com's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Onederwear.com's computer systems, Web site or proprietary software. Onederwear.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without our prior written permission, or that of the appropriate third party. 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 Onederwear.com and our affiliates without express written consent. You may not use the Break Room Concepts or Onederwear name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Break Room Concepts or Onederwear in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Break Room Concepts.
INFORMATIONAND PRODUCT DESCRIPTIONS
The website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through OneDerWear.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither "Break Room Concepts", the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither "Break Room Concepts", the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the website. You understand that none of the Information available through the website constitutes a recommendation or solicitation to take or not take any particular action.
Further, "Break Room Concepts" does not warrant that product descriptions on the website are accurate, complete, reliable, current, or error-free. If a product offered on Onederwear.com itself is not as described, your sole remedy is to return it promptly in unused condition.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS SITE IS PROVIDED BY BREAK ROOM CONCEPTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAK ROOM CONCEPTS 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 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, BREAK ROOM CONCEPTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BREAK ROOM CONCEPTS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BREAK ROOM CONCEPTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREAK ROOM CONCEPTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
INDEMNIFICATION
You agree to indemnify and hold Break Room Concepts and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
COPYRIGHTS
The website, its content and compilation of content, and all software used on the website is owned by Break Room Concepts or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Break Room Concepts or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Break Room Concepts, its affiliates' or its third party information providers' copyrights and other proprietary rights.
TRADEMARKS
Onederwear name and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our site are trademarks or Break Room Concepts in the United States and other countries. The Onederwear trademarks and may not be used in connection with any product or service that is not Break Room Concepts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Break Room Concepts. All other trademarks not owned by Break Room Concepts 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 Break Room Concepts.
MODIFICATIONS TO THE WEBSITE
Break Room Concepts reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. You agree that Break Room Concepts will not be liable to you or to any third party for any such modification, suspension or discontinuance.
TERMINATION
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the website. You further agree that Break Room Concepts, in its sole discretion and with or without notice, may terminate your access to any or all of the website, and remove and discard any information or content within the website. You also agree that Break Room Concepts will not be liable to you or any third-party for any termination of your access to the website.
GOVERNING LAW/SEVERABILITY
These Terms shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES Any dispute relating in any way to your visit to Onederwear.com or to products you purchase through Onederwear.com or by phone shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Break Room Concepts intellectual property rights, Break Room Concepts may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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.
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