PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Agreement (the "Agreement") are You, (hereinafter “You” “Your” or the "User"), and ONER ACTIVE GMBH. (hereinafter the "Company," “We,” “Our,” or “Us”).
- By accessing the Materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this
- Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited personal non-transferable right to access the contents of Website and affiliated sites operated by the
- You hereby agree that the personal information which You are required to provide when You register is true, accurate, current and complete in all respects; and You are not impersonating any other person or
- This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website, or by sending an email from ONER ACTIVE GMBH to the email address associated with the Your User
- You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where We believe products are being ordered in breach of this provision. You will assume the risk for the products once they have been delivered to the delivery address which You specified when ordering the products. We accept no liability where You provide an incorrect delivery address or where You fail to collect the products from the delivery address which You specified.
ONER ACTIVE GMBH’s 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 Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store Your data on a secure server behind a firewall.
ONER ACTIVE GMBH accepts only the methods of payment stated on the web portal during the order process. You independently choose the preferred way of paying among the offered payment methods. During the payment process the You can choose between the following payment options:
- A Provided that a service against payment via credit card takes place, by submitting their credit card data, You grants authorization to charge the respective credit card company with the full price including possible shipping and handling fees on the due date. In this case, the charge is prompted with the order confirmation.
- A Provided that a payment takes place via PayPal, You have to own a PayPal account and has to prove their identity by submitting their access data. Thereafter You have to undergo the PayPal payment process and confirm the payment to ONER ACTIVE GMBH.
- A If You choose a direct payment gateway to complete Your purchase, then Shopify stores Your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI- DSS). Your purchase transaction data is stored only as long as is necessary to complete Your purchase transaction. After that is complete, Your purchase transaction information is deleted.
- A All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, You may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
- A ONER ACTIVE GMBH is allowed to access credit risks – where legally permitted and in due consideration to interest of You and Our interests. We reserve the right to exclude certain payment methods with first time and follow-up orders – depending on the credit risk assessment. To ensure that Your credit, debit or charge card is not being used without Your consent, We will validate name, address and other personal information supplied by You during the order process against appropriate third party databases.
SHIPMENT & TRACKING.
Items ordered and paid for will be shipped within 1-3 business days after placing your order. You will receive an e-mail with Your tracking information. Please be aware that it can take up to 48 hours for Your tracking links to be activated. All our products are produced under highest-quality standards and are shipped from Germany.
- Shipping Times. Depending on the destination country, shipping can take 2-20 business days. Delivery times are only estimated and do not count for public holidays or peak periods (i.e.:Christmas). International shipping times and costs can be found here:
- Tracking Information. Once Your package has been shipped, You will receive an e-mail notification from Oner Active with Your tracking information, along with Your tracking link.
- Custom Charges. If customs charges occur, please note that You, the buyer, are 100% responsible for the fees. We, are not responsible for customs charges and have no influence on local customs and the time needed for packages to pass through customs. However, We guarantee the shipping times as placed on Our Website.
- Order Changes / Cancellation. We ask You to carefully check all details and the shipping address when You place Your order. We will not be able to redirect Your order once it’s been dispatched.
- Order Issues. If You have any problems with Your order, please contact Our customer care team.
You have 14 business days to return Your order in accordance to our return policy, which starts on the day after You received the item. When You receive an item, please ensure that You take reasonable care of it when trying it/inspecting it e.g., please ensure that any labels or tags are still intact. If the clothing is dirty or worn; or if it is missing any tags and labels, it will not be refunded. Costs for returning packages will be paid by You.
Returns can only be processed through our return page:
ONER ACTIVE GMBH CANNOT BE HELD RESPONSIBLE FOR LOST OR STOLEN MERCHANDISE.
- Refuse Package At Delivery. If You would like to return Your product You can either refuse the package at delivery or send the package back by post. Costs for returning packages will be paid by You.
- Faulty Items. We hope that Your item reaches You in perfect condition and that You are very happy with it. If, however an item arrives to You and it is faulty, please contact Our customer care team with Your order number and the nature of the fault including pictures and we will arrange for a refund or exchange.
- We will offer a replacement or a shop credit for certain circumstances. Please contact Our customer care team for any concerns about Your purchase. Your satisfaction is our top priority and We will do what We can to ensure Your happiness with every purchase.
Please keep in mind that We do not have the ability to track Your return nor are We responsible for the amount of time it takes for the item to be returned to Us. Shipping costs for returns are non-refundable. As soon as We receive Your package back or You send Us Your post receipt, You will receive Your refund.
Promotions are valid for a limited time only. ONER ACTIVE GMBH reserves the right to modify or cancel promotions at any time without notice.
- If you do not purchase the qualifying items added to your cart when the promotion is in effect, the offer will not apply.
- If you remove any of the promoted items from your cart or violate any of the Terms and Conditions, the promotion will be invalid, and the discount will not apply.
- Free items within a promotion (e.g. Buy 1, get 1 free) cannot be returned or exchanged. Returns.
- For the paid items within a promotion (e.g. Buy 1, get 1 free), if returned, a store credit will be given worth the item price during this promotion. Refunds are only available, if the paid and free items are returned together. Returns.
- Offers cannot be combined with other discount codes, student codes and other offers.
- Offers are valid while stocks last.
- Shipping charges and taxes may apply to the full value of discounted and free promotional items.
- If the offer has a minimum purchase requirement, taxes, shipping and handling charges do not apply when determining the minimum purchase amount.
GIFT CARDS & DISCOUNTS
Gift cards and discount are valid for a period of 3 years after being issued.
USE OF WEBSITE.
You agree to not do any of the following:
- violate any laws or Company policies;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users;
- copy, modify, or distribute any of the Company’s content on this Site or any other person's content posted on the Site, unless expressly authorized to do so;
- use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their instruction;
- bypass measures used to prevent or restrict access to the Website.
USER'S CODE OF CONDUCT.
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit instruction;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;
- that includes links to commercial services or web sites, except as allowed in "services";
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by Us;
- post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
- use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
- directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted this Us unless expressly permitted by ONER ACTIVE GMBH in writing.
The information which ONER ACTIVE GMBH collects through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “You”). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. ONER ACTIVE GMBH may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other ONER ACTIVE GMBH information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, ONER ACTIVE GMBH may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by ONER ACTIVE GMBH from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow ONER ACTIVE GMBH to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar Furthermore, ONER ACTIVE GMBH may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use ONER ACTIVE GMBH may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.
WEBSITE USE OF INFORMATION.
Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant ONER ACTIVE GMBH, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, and distribute Your Personal Information. We gather and use information as follows: We will receive and store any information You enter on the website or give us in any other way that personally identifies You to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable Us to contact You when needed. By submitting this personally identifiable information to Our Website You agree to receive email and postal mail from the Company and other third party marketers. You further understand and agree that by using these services, You are extending an express invitation for the Company, and other third marketers to contact You by telephone at the numbers You have provided and You hereby consent to any such calls even if Your phone numbers is on any federal state or other do not call lists. We believe in 100% permission based marketing members always have the option to unsubscribe link at the bottom of these emails by clicking on the sample unsubscribe link at the bottom of these emails. Users also have the options of completely removing their information from our database by submitting the request to Our customer care team. Please, note that user information may be cached in search engine indexes after removal and that this Website and ONER ACTIVE GMBH has no control over such caching.
ACCOUNTS, PASSWORDS AND REGISTRATION TO THE WEBSITE.
You agree that We are not responsible or liable for the personal protection and security of any password or username that You may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.
CONTENT FROM THE WEBSITE.
As between You and ONER ACTIVE GMBH, You own any and all content that You submit to the Website. You grant ONER ACTIVE GMBH and its affiliates a right to distribute and send Your content to third-parties to perform the transaction(s) being requested.
ABUSING THE WEBSITE.
Please contact Our customer care team to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if We think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.
LIMITATIONS ON WEBSITE SERVICES.
You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.
NO SPAM POLICY.
You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
INTELLECTUAL PROPERTY RIGHTS & WEBSITE CONTENT.
REPORTING INTELLECTUAL PROPERTY INFRINGEMENTS.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION-HANDLING SYSTEM OR OTHERWISE, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ONER ACTIVE GMBH SHALL ONLY ACCEPT LIABILITY IN ACCORDANCE WITH THE STATUTORY LAW FOR OF DAMAGE RESULTING FROM INJURY TO LIFE, LIMB OR HEALTH, DUE TO INTENTIONAL GROSS NEGLIGENCE OR NEGLIGENCE OF DUTIES ARISING FROM THE CONTRACTUAL RELATIONSHIP ON OUR PART, BY OUR LEGAL REPRESENTATIVES, EMPLOYEES OR AGENTS. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THIS WEBSITE AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PRODUCTS, PACKAGES, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER ONER ACTIVE GMBH’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER ONER ACTIVE GMBH’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, PACKAGES, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Reference to any healthcare or fitness professionals, products, clubs, procedures, process, opinions, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or recommendation by ONER ACTIVE GMBH or its owners. ONER ACTIVE GMBH encourages You to exercise discretion when browsing the internet. Any link on the ONER ACTIVE GMBH Website is provided solely for Your information and as a convenience to You and ONER ACTIVE GMBH and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from ONER ACTIVE GMBH, and ONER ACTIVE GMBH has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the ONER ACTIVE GMBH Website and another Website further does not mean that ONER ACTIVE GMBH endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website. ONER ACTIVE GMBH expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the ONER ACTIVE GMBH domain.
ONER ACTIVE GMBH is not responsible for any typographical errors including representation of products as well as prices. ONER ACTIVE GMBH may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. ONER ACTIVE GMBH assumes no responsibility regarding the accuracy of the information that is provided by its websites, and use of such information is at Your own risk.
You agree to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content You submit, post or make available through the Website, Your use of the Website, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another. This section shall survive the termination of this Agreement.
TERMINATING OUR SERVICES.
You may terminate or stop using our services at any time. ONER ACTIVE GMBH may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of Germany. Any disputes relating in any way to Your use of the ONER ACTIVE GMBH Site shall be submitted to confidential & binding arbitration in, except to the extent that You have in any manner violated or threatened to violate ONER ACTIVE GMBH’s intellectual property rights. ONER ACTIVE GMBH may seek injunctive or other appropriate relief in the country of Germany and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If We don't enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part its obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.
RELATIONSHIP OF THE PARTIES.
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
MESSAGES TRANSMITTED THROUGH ELECTRONIC MAIL.
Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Our customer care team.
ONER ACTIVE GMBH undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. ONER ACTIVE GMBH undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although ONER ACTIVE GMBH is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.
WEBSITE TERMS AND CONDITIONS.
CORPORATE TRANSFERS OF INFORMATION.