Terms of Services

Agreement To Our Legal Terms.

Please read this terms of use agreement (the “agreement“) carefully. By accessing or using any website, mobile site, mobile application, social media channel (e.g., Facebook, Twitter, or Instagram), or other digital platform owned and/or operated by  (“THE ONE TRIBE” or”us” or “we” or “our“), its affiliates or agents (collectively, the “Digital Services“) in any way, including using the services and resources available or enabled via the Digital Services by us, completing the registration process, making a purchase, or merely browsing the Digital Services, you represent that (1) you have read, understand, and agree to be bound by these Terms of Use for Digital Services (“Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Terms, you may not access or use the Digital Services.

These Terms include a provision that generally requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. Please see the Arbitration Agreement section below for information.

Some Digital Services may be subject to additional terms (“Supplemental Terms“). Such Supplemental Terms will be presented to you for your acceptance before your use of the supplemental Service. The Supplemental Terms shall be governed by the Terms. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the supplemental service.

Please note that these Terms are subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the Terms available on our website. We will also update the “Last Updated” date at the top of the Terms. We may provide additional notice via posting on other Digital Services or via communications with you. Any changes to the Terms will be effective immediately for new users of Digital Services and will be effective thirty (30) days after we post the updated Terms on our website for existing users. We may require you to provide consent to the updated Terms before further use of the Digital Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Digital Services. Otherwise, your continued use of the Digital Services constitutes your acceptance of such change(s). Please regularly check the Digital Services to view the then-current Terms.

Your Use Of The Digital Services.

We grant you a limited license to access and use the Digital Services for your personal use, and to copy, distribute and transmit the content of the Digital Services only to the extent that such copying, distribution and transmission is automatically and incidentally done through the software or hardware you use to access or use the Digital Services for your personal use.

The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.

You shall not:

(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Digital Services;

(b) frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form);

(c) use any metatags or other “hidden text” using our name or trademarks;

(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Digital Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any part of the Digital Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Digital Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(f) except as expressly stated herein or as permitted under Supplemental Terms, copy, reproduce, modify, delete, alter, distribute, republish, download, display, post or transmit in any form or by any means any part of the Digital Services;

(g) remove or destroy any copyright notices or other proprietary markings contained on or in the Digital Services;

(h)use the Digital Services for any illegal purpose;

(i) provide or post any material or information in violation of any applicable law or regulation;

(j) provide or post information that is defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive;

(k) impersonate any other person while using the Digital Services;

(l) interfere or tamper with the functioning of the Digital Services, or attempt to gain access to information or control of the Digital Services not specifically granted to you by us;

(m) attempt to upload viruses or other malicious code to the Digital Services;

(n) compile any database or list of other Digital Service visitors, or use the Digital Services to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services; or

(o) access or attempt to access any restricted portion of the Digital Services unless you have specifically been granted access by us.

Any future release, update or other addition to the Digital Services shall be subject to these Terms. We, our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Digital Services terminates the licenses granted by us pursuant to these Terms.

Accounts.

To use certain features of the Digital Services, we may require that you create a password-protected account. You are responsible for keeping your username and password confidential and secure.You are responsible for all activities conducted using your username and password.You shall immediately notify us of any unauthorized use of your username or password or identification or any other breach or threatened breach of the security of the Digital Services.

In order to access or use certain features of the Digital Services, you may be required to link your THE ONE TRIBE account with a social networking service or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account“).You represent that you have the right to grant us access to any Third-Party Account that you link with your THE ONE TRIBE account (including, but not limited to, for use for the purposes described herein or in Supplemental Terms) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Digital Services (“Content“) that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Digital Services via your account. We may also permit you to share Content obtained or accessed through the Digital Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Digital Services.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY SUCH THIRD-PARTY PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE DIGITAL SERVICES BY ANYONE USING YOUR USERNAME AND PASSWORD, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSACTIONS, AND TRANSMISSIONS CONDUCTED AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Purchases, Renewal And Cancellation.

Currently, we only ship to addresses within the United States.

If you purchase a subscription to products through our Digital Services, we will send you a shipment based on the subscription period offered or selected.Your subscription will continue, and we will charge the payment method you provide in accord with the terms disclosed to you at the time you signed up for the subscription until you cancel by emailing us at hello@theonetribe.com.

To the extent permitted by applicable law, fees for the Digital Services or subscription services are non-refundable.So if you cancel your subscription, we will send you any outstanding supply of products or provide Digital Services for the remainder of the subscription period, but we will not refund you any amounts for shipments or services not received as of the date of cancellation.

After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for the remainder of the subscription period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account to manage your subscription or by emailing us at at hello@theonetribe.com.

By subscribing, you authorize us to charge your payment method as disclosed in the subscription terms. If you cancel your subscription, your subscription will terminate. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

Billing And Payments.

You may be charged local tax for your purchases, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize . and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information. Upon initial registration of your payment card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact hello@theonetribe.com.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at hello@theonetribe.com. Refunds will be issued by us in our sole discretion.

Product Reviews.

The Digital Services may allow users to post reviews, ratings and comments about products, services, or THE ONE TRIBE (collectively, “Reviews“). You are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by THE ONE TRIBE and do not represent the views of THE ONE TRIBE. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not THE ONE TRIBE, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant THE ONE TRIBE a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the content contained in your Review throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Digital Services and to make your Review shared on the Digital Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that THE ONE TRIBE may choose to provide attribution of your Review at our discretion. You further grant THE ONE TRIBE the right to pursue at law any person or entity that violates your or THE ONE TRIBE’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for THE ONE TRIBE to publish and otherwise use) your Review as authorized herein.

THE ONE TRIBE reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, You acknowledge that THE ONE TRIBE is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. THE ONE TRIBE does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to Reviews posted through the Digital Services, you agree: (i) to base any review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a Review in exchange for payment or other benefits from any individual or entity; and (iii) your Review will comply with the terms set forth herein. If THE ONE TRIBE determines, in our sole discretion, that any Review could diminish the integrity of the Digital Services, we may exclude such Review without notice. Further, THE ONE TRIBE may remove any Reviews in the event it determines, in its sole discretion, that a Review:

Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;

Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;

May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;

Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including THE ONE TRIBE;

Includes private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;

Is unrelated to the topic of the Reviews or products in which such Review is posted; or

(i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Digital Services, or (iii) may expose THE ONE TRIBE or its users to any harm or liability of any type.