Terms of Use
Date Last Modified: August 17, 2024
1. Introduction
This website is operated by O Warrior. These terms, along with any other terms and conditions referenced herein and/or included elsewhere within the O Warrior website, constitute an agreement between you and O Warrior, (referred to herein as “O Warrior”, “we”, “us”, and “our”). The Terms constitute the entire agreement between the parties with regard to the subject matter provided herein, and supersedes all prior written or oral agreements between the parties. The use of the O Warrior website, including without limitation all products and services offered to you on the website, and all other online service features, databases, plug-ins, applications, content, downloads, platforms, and/or tools (collectively, the “Site”), is subject to the following terms and conditions of use, as may be amended from time to time (the “Terms”). Please review the Terms carefully. The Terms apply to all users of the Site, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and/or use the Site, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access the Site, use any of the Site’s services or place an order on the Site.
2. Use of the Site
You agree to use the Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy laws. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use the Site to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with the Site’s network or security features or to gain unauthorized access to the O Warrior systems.
You agree to provide O Warrior with accurate personal information and other contact details that may be necessary in order to complete your order or contact you as needed, including, without limitation, your email address and/or mailing address. You agree to promptly update your account and information as needed. You authorize O Warrior to collect and use this information to contact you in accordance with the Privacy Policy. If you access the Site from anywhere outside of the United States, you acknowledge and agree that you are solely responsible for compliance with any and all applicable laws related to such access, and agree to indemnify and hold harmless O Warrior related thereto.
Use of the Site and purchase of the products sold hereon are intended for adults. If you are under the age of majority as applicable within your jurisdiction, you may only use the Site with the assistance of a parent or legal guardian. No personally identifiable information about a child under the age of 13 should be provided at any time.
3. General Conditions
O Warrior reserves the right to refuse service and/or access to the Site to anyone, at any time, for any reason. O Warrior reserves the right to make any modifications to the Site, including terminating, changing, suspending or discontinuing any aspect of the Site at any time, without notice. Any such modifications to the Site shall be effective immediately upon posting. O Warrior may impose additional rules or limits on the use of the Site at any time. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or for any service, content, feature or product offered through the Site.
4. Products or Services
All purchases through the Site are subject to product availability. O Warrior may, in its sole discretion, limit or cancel the quantities offered on the Site or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for products sold on the Site are subject to change, without notice. Unless otherwise indicated, prices displayed on the Site are quoted in U.S. dollars.
O Warrior reserves the right, in its sole discretion, to refuse or limit orders at any time, for any reason, including without limitation, orders that appear to be placed by distributors or resellers. O Warrior further reserves the right to cancel an order at any time, for any reason, including without limitation, inaccurate information provided by you, inaccurate product information, and/or issues identified by a third party credit partner.
O Warrior does not guarantee the accuracy of the color or design of the products on the Site. O Warrior has made efforts to ensure the color and design of its products are displayed as accurately as possible on the Site.
5. Links to Third-Party Websites
Links from or to websites outside the Site are meant for convenience only. O Warrior does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Following a link to any other site is at your sole risk and O Warrior will not be responsible or liable for any damages in connection with such linking. Links to downloadable software sites are for convenience only and O Warrior is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software. Any interactions you may have with any third parties through your use of the Site are solely between you and said third party, and you agree to indemnify O Warrior against any and all claims and/or damages arising out of your use of any third party service.
6. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through the Site or services available in connection with the Site. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that with regard to any Content submitted by you, you hereby grant O Warrior a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, modify, edit, adapt, modify, recreate, publish, display, distribute, and create derivative works from the Content in any media or form whatsoever. You further agree that O Warrior is under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on the Site that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not (i) be unlawful, abusive or obscene, (ii) contain any malware or computer virus that could affect the Site’s operations, (iii) link to other websites without permission of O Warrior to do so, or (iv) harass or intimidate an individual or group of individuals. You will be solely liable for any Content that you make and its accuracy. O Warrior has no responsibility and assumes no liability for any Content posted by you or any third-party. Except as otherwise set forth in these Terms of Use, Privacy Policy, or as otherwise required by applicable law, your Content will be treated as non-confidential and non-proprietary regardless of how it may be marked, O Warrior has no obligation with regard to the Content, and you submit the Content at your own risk and agree to hold O Warrior harmless with regard to the same.
O Warrior reserves the right to terminate your ability to post on the Site and to remove and/or delete any Content that O Warrior may deem objectionable. You consent to such removal and/or deletion and waive any claim against O Warrior for the removal and/or deletion of your Content.
7. Your Personal Information
Please see the Privacy Policy to learn about how O Warrior collects, uses, and shares your personal information.
8. Errors and Omissions
Please note that the Site may contain typographical errors or inaccuracies and may not be complete or current. O Warrior reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and O Warrior reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. O Warrior does not undertake to update, modify or clarify information on the Site, except as required by law.
9. Medical Advice Disclaimer
The content on the Site is for information purposes only and should not be considered professional medical advice, nor used or relied on for any diagnostic or treatment purposes. If you have questions about a medical condition, always seek the advice of a doctor or other qualified medical professional.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. O WARRIOR DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIAL OF THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. O WARRIOR WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO THE USE OF THE SITE.
IN NO EVENT WILL O WARRIOR, OR ITS AFFILIATES, ITS RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SITE OR THE CONTENT OR MATERIAL OR FUNCTIONALITY THROUGH THE SITE, EVEN IF O WARRIOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND THE LIABILITY OF O WARRIOR WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend and indemnify O Warrior, and hold O Warrior and its affiliates, and its respective directors, officers, agents, contractors, and employees, harmless against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of the Site, your violation of the Terms, or the posting or transmission of any Content on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.You agree to fully cooperate with O Warrior in the defense of any claim. Notwithstanding, O Warrior retains the right to settle, pay, or otherwise compromise any claims in its sole discretion and you will not settle such claims without the written consent of O Warrior.
11. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and O Warrior in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and O Warrior, whether oral or in writing. Both you and O Warrior acknowledge that, in entering into these Terms, neither you nor O Warrior have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and O Warrior prior to such Terms, except as expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by O Warrior of any default will not constitute a waiver of any subsequent default. No waiver by O Warrior is effective unless it is communicated to you in writing.
13. Headings
Any headings and titles herein are for convenience only.
14. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of the Site, or O Warrior products or services offered on the Site will be resolved in accordance with the laws of the State of Utah without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of the Site must be brought before the courts of the State of Utah in the City of Park City, UT and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
16. Questions or Concerns
Please send all questions, comments and feedback to O Warrior at hello@owarrior.org