Terms of Use

These Terms of Use (“Terms”) apply to your access and use of the services, products, or websites associated with these Terms(collectively “Services”), which are owned and operated by 1MORE USA, Inc.,a branch of 1MORE Inc., (Collectively "1MORE"). These Terms are important and affect your legal rights, so please read them carefully before accessing or using our website.

OVERVIEW

Throughout the site, the terms “we”, “us” and “our” refer to 1MORE USA, Inc.,. 1MORE USA, Inc., offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or accessing and using the Services, and/or purchasing products from us, you agree to be bound by these terms, and agree to be bound by the following terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, you may not access the website or use any services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform  that allows us to sell our products and services to you.

Privacy

We respect the privacy of our users. The information we collect through the Services is subject to our Privacy Policy. Please refer to our Privacy Policy which explains how we collect, use, and disclose your information. 

Additional Terms

Certain features of the Services, such as certain mobile applications, additional services, promotions, and offers, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services.  Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.

Key Definitions

1MORE Content” means all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and the goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services. 1MORE Content excludes Personal Data.

Personal Data” is any information that can be used to identify you, either alone or in combination with other information. Personal Data does not include aggregate information or other anonymized information (including metadata) collected by us that cannot be used to identify you, even if such information was derived from your Personal Data.

Your Content” is the information, comments, photos, images, video, data, text, and other content that you may post, upload, store, share, send or display on the Services.

Accessing the Services and Account Security  

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of at least 18 years of age. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms.

You shall treat the username, password or any other information as confidential information and you shall not disclose it to any other person or entity. You also acknowledge that your account is your personal account and agree not to use your username, password or other security information to provide any other person with access to the Services or parts thereof.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Intellectual Property Rights  

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to 1MORE at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. No use of these marks may be made without the prior written authorization of 1MORE, except as necessary to accurately identify the products or services of1MORE.

You agree not to portray us, our products or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the 1MORE Content. The Services may contain 1MORE Content owned or licensed by third parties.  All restrictions set forth in these Terms equally apply to all 1MORE Content owned or licensed by third parties. Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission.

You will not, nor will you assist or direct any third person to: (i) extract, separate, remove or otherwise copy the 1MORE Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the 1MORE Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the 1MORE Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the 1MORE Content, in whole or in part; or (v) use the 1MORE Content for any other purpose.

Prohibited Uses

You must use the Services only for lawful purposes and in accordance with these Terms. you are prohibited from using the site or its content:

  •        In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  •       To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
  •        To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  •       To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  •        To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.
  •       Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
  •       Otherwise attempt to interfere with the proper working of the Services.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Social Media Posting  

By posting and uploading content to social media sites that you have tagged with our brands and hashtags, you are allowing us to search for your hash-tagged postings (“Social Media Posting”).  We may contact you directly, either publicly or privately, through the social media platform on which the Social Media Posting was located and request your permission to use the Social Media Posting. If you grant us permission as outlined in the request we make, then you grant the Licensed Parties the same right and make the same representations and warranties to the Social Medial Posting as you would with Your Content. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

Our use of your Personal Data from your Social Media Posting will comply with our Privacy Policy.

Monitoring and Enforcement

We may:

  •       Remove or refuse to post Your Content for any or no reason at our sole discretion.
  •       Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.
  •       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  •       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  •       Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.   

Links from the Services  

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

Disclaimer of Warranties  

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability  

IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, 1MORE CONTENT OR CONTENT OF OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR 1MORE CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification  

You agree to defend, indemnify and hold harmless us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services any use of 1MORE Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.

Governing Law and Jurisdiction 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of 【  California, USA  】 without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by in a court of competent jurisdiction in 【 California, USA  】.

Changes and Termination

Any new features or tools which are added to the current website shall also be subject to the Terms. We may revise and update these Terms from time to time in our sole discretion. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of revised terms means that you accept and agree to the changes.

When you cease using our siteand/or according to this term of use we may deny you access to our Services (or any part thereof), we also may terminate this agreement at any time without notice.

These terms are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, and you will remain liable for all amounts due up to and including the date of termination.

Entire Agreement  

These Terms, Privacy Policy, Terms of Sale and any Additional Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at

1MORE USA, Inc.

10225 Barnes Canyon Rd. Ste A202

San Diego, CA 92121

Attn: Legal Department

1-855-551-6673 (9am-5pm PST)

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Thank you for using the Services.

Edited on 10/11/2021