Last Updated: March 6, 2015
Temporary terms applicable to the ODJO Sites only during the ODJO “Beta” Phase:
You have entered the ODJO Sites during ODJO's testing (i.e., “Beta”) phase (which we're calling the “ODJO ‘Beta' Phase”) through special access given only to a select group of people, such as friends and family. During the ODJO “Beta” Phase, we are providing you with special, early access to the ODJO Sites so you can both be an early shopper on ODJO and, more importantly, provide ODJO with feedback. We (at ODJO) thank you in advance for your participation in the ODJO experience, and are excited that you have chosen to be a part of the ODJO “Beta” Phase.
While ODJO is making every effort to make sure the ODJO Sites are up the standards we expect when we launch commercially, we note that the ODJO Sites are currently a work-in-progress and “under construction”.
Therefore, during the ODJO “Beta” Phase, the following additional terms apply to your use of the ODJO Sites:
The terms included in this Section entitled “Temporary terms applicable to the ODJO Sites only during the ODJO ‘Beta' Phase” will only apply during the ODJO “Beta” Phase. When ODJO launches commercially, ODJO will remove this Section and these terms will no longer be applicable on a going forward basis.
The below terms of ODJO Terms of Use will remain and continue to be effective.
In these Terms of Use:
These Terms of Use apply to ODJO and the ODJO Sites. These Terms of Use govern your use of the ODJO Sites and your relationship with ODJO in connection with the ODJO Sites.
By accessing or otherwise using any of the ODJO Sites, clicking to accept these Terms of Use, or accepting these Terms of Use through any other method we specify, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and other use of the ODJO Sites is unauthorized.
These Terms of Use contain many important points, including important warranty disclaimers and limitations on ODJO's liability, including as explained in sections 10 and 11; and an explanation of how these Terms of Use will be updated, as detailed in section 16.
ODJO offers an expanding number of Services that are subject to additional terms (“Service Terms”):
ODJO Memberships: ODJO Membership Terms
ODJO Anywhere program: ODJO Anywhere Terms
Purchases on the ODJO Sites: ODJO Purchase Terms
Returns and refunds are available only as described in our Returns/Refund policy.
Information posted on the ODJO Sites about products sold on the ODJO Sites is for informational purposes only. ODJO is designed to be a fast-moving marketplace with many retail partners and members. Despite our efforts to have accurate information, we don't guarantee any aspect of any product information on the ODJO Sites, including product images, product descriptions and specifications and product availability. The information on the ODJO Sites may be inaccurate, incomplete, out-of-date, unreliable, miscategorized or not helpful. For example, product information contained on the ODJO Sites may differ from information contained on the actual product materials for any number of reasons, such as manufacturer changes or human error. Before you act on information you have found on the ODJO Sites, you must independently confirm any facts that are important to your decision. If you purchase a product that is not as described, your sole remedy is to return it and/or request a refund in accordance with our Returns/Refund policy. Regardless, whenever you find an error or notice something that doesn't look right, we would greatly appreciate it if you would contact us as described below. We appreciate the assistance and apologize for any inconvenience.
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims and alternative medicine: No information on the ODJO Sites, including health, medical, wellness, fitness, prescription or pharmaceutical information, is intended to substitute for the diagnosis, treatment or advice of your medical professional. The ODJO Sites do not include all information regarding precautions, dosage information, side effects or interactions and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and then talk with your medical professional for guidance before using any drug or any other product for or relating to health, medicine, wellness or fitness.
You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice. You consent to our monitoring and recording of telephone calls and other communications between you and us, regardless of who initiates the communication.
All content on the ODJO Sites (including, without limitation, text, design, graphics, design, logos, icons, images, audio clips, downloads, interfaces, information, code and software, as well as the selection and arrangement thereof), and manner of compilation and presentation, is the exclusive property of and owned by ODJO, its content providers or their licensors and is protected by copyright, trademark and other applicable laws.
Nothing on the ODJO Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the ODJO Sites. ODJO, its content providers, and their licensors or retain full and complete title to and reserve all rights in the material on the ODJO Sites, including all associated intellectual property rights, and to the extent ODJO makes this material available to you it does so under a license that is revocable at any time in ODJO's sole discretion. ODJO neither warrants nor represents that your use of materials on the ODJO Sites will not infringe rights of third parties.
You may access the ODJO Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access. Any other use of the ODJO Sites or of the material on the ODJO Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the ODJO Sites, or use of the ODJO Sites purposes competitive to ODJO or other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the ODJO Sites as they may be updated from time to time.
You acknowledge that you are responsible for any material you may submit via the ODJO Sites (including any components of the ODJO Sites administered by third parties, such as tools that allow you to interact with the ODJO Sites through Facebook and other social media platforms), including the legality, accuracy, appropriateness, originality and copyright of any such material. If you do submit material, and unless we indicate otherwise, you grant ODJO an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that ODJO is free to use any ideas, concepts, know-how that you provide to ODJO. You grant ODJO the right to use the name you submit in connection with such material, if we so choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit; that the content is accurate; that use of the content you supply does not violate any law or provision herein and will not cause injury to any person or entity.
You must:
You agree not to do any of the following:
ODJO has reserved the right, in appropriate circumstances, to terminate users of the ODJO Sites, including ODJO's retail partners, who are repeat copyright infringers. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide ODJO's a written notice containing the following information:
Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, we have not tested or evaluated them and we do not endorse them. Any use of such tools is at your sole risk. You should not assume that these or any other third-party parental control protections will work well or at all in connection with the ODJO Sites.
The ODJO Sites contain information provided by sellers and other information content providers (e.g., product descriptions and images).
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY OR USEFUL; OR THAT COMMUNICATIONS SENT FROM THE SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY SUCH ACCESS OR DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. ODJO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ODJO NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, ODJO'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ODJO, ITS SUPPLIERS OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ODJO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY SELLER, MEMBER OR OTHER USER OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless ODJO and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or relating your access to or other use of the ODJO Sites, any content you post or supply to the ODJO Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. ODJO reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with ODJO if and as requested by ODJO in the defense of such matter.
Any and all disputes, claims and controversies arising out of or relating to the ODJO Sites, including the sale or other provision of goods, content, services, or technology on or through the ODJO Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the New York General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
ODJO and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the ODJO Sites, any person's access to and/or use of the ODJO Sites, and/or the provision of content, products, services, and/or technology on or through the ODJO Sites, ODJO or you must give the other notice of the dispute, claim, or controversy, and the notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to ODJO by email to legal@ODJO.com AND by U.S. Mail to ODJO.com, Inc., Legal Notice, to: (a) prior to May 31, 2015, 353 Bloomfield Avenue, Montclair, NJ 07042 and (b) on or after June 1, 2015, 221 River Street, Hoboken, NJ 07030. To the extent that ODJO has your contact information, it will send any such notice to you by U.S. Mail and your email address. ODJO and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. ODJO and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, ODJO or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the ODJO Sites.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between ODJO and you arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the ODJO Sites, any person's access to and/or use of the ODJO Sites, and/or the provision of content, products, services, and/or technology on or through the ODJO Sites, if unresolved through informal discussions within thirty (30) days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Hoboken, New Jersey, and ODJO and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the ODJO Sites shall not be subject to arbitration.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
ODJO shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds your claims, defenses or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless ODJO is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on ODJO and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. ODJO and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, ODJO and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim, defense or other fee- or cost-generating activity was asserted or conducted for an improper purpose or was frivolous. ODJO and you understand that, absent this mandatory arbitration provision, ODJO and you would have the right to sue in court and have a jury trial. ODJO and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If you or ODJO's claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You or ODJO may choose to pursue a claim in small claims court where jurisdiction and venue over you and ODJO otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief.
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to ODJO by email to legal@ODJO.com AND by U.S. Mail to ODJO.com, Inc., (a) prior to May 31, 2015, 353 Bloomfield Avenue, Montclair, NJ 07042 and (b) on or after June 1, 2015, 221 River Street, Hoboken, NJ 07030. The notice must be sent within 30 days of your first use of any of the ODJO Sites, and if you have an account on the ODJO Sites the notice must be sent from the email address we have on file for that account. If you do not opt out via this method, you will be bound to arbitrate disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, ODJO will not be bound by them either.
If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a claim, dispute or controversy between ODJO and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), ODJO and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of ODJO, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the ODJO Sites, any person's access to and/or use of the ODJO Sites, and/or the provision of content, products, services, and/or technology on or through the ODJO Sites.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
ODJO and you agree that ODJO and you will resolve any disputes, claims or controversies on an individual basis, and that any claims arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the ODJO Sites, any person's access to and/or use of the ODJO Sites, and/or the provision of content, products, services, and/or technology on or through the ODJO Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. ODJO and you further agree that ODJO and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the ODJO Sites, any person's access to and/or use of the ODJO Sites, and/or the provision of content, products, services, and/or technology on or through the ODJO Sites.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of ODJO, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), and/or the ODJO Sites, and/or any person's access to and/or use of the ODJO Sites, and/or the provision of content, services, and/or technology on or through the ODJO Sites.
ODJO may amend these Terms of Use (including any Service Terms) at any time and at ODJO's sole discretion by posting the updated version on www.ODJO.com. Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect at the earlier of:
If you reject the update as described above, then the last version of the Terms of Use to which you and ODJO agreed will continue to apply without modification, but then:
We may close your account at any time in our sole discretion. In no case will ODJO's closure of your account, or reduction of your access to the ODJO Sites waive or affect any other right or relief to which ODJO may be entitled.
We may make frequent changes to the ODJO Sites, including changes to the quantity and selection of products sold through the ODJO Sites.
You acknowledge and agree that (i) these Terms of Use are concluded between you and ODJO only, and Apple is not a party hereto, and (ii) as between ODJO and Apple, it is ODJO that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party's intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and ODJO, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty of ODJO will be ODJO's responsibility, but only to the extent provided by these Terms of Use. Please read our entire Terms of Use, as other sections of these Terms of Use limit ODJO's liability in this regard.
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use with respect to your compliance with this section. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
These Terms of Use constitute the entire agreement and understanding between you and ODJO with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you access or use the ODJO Sites in your capacity as a registered ODJO seller (i.e., a retail partner who has registered with ODJO to sell products on the ODJO Sites), then the ODJO Retail Partner Agreement will apply to you in connection with such access and use, not these Terms of Use. When a ODJO retail partner accesses or uses the ODJO Sites in any other capacity (e.g., as a ODJO Member), these Terms of Use apply and not the ODJO Retail Partner Agreement.
You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without ODJO's prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. ODJO may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, ODJO may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a ODJO company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
Headings are for reference purposes only and do not limit the scope or extent of any section.
ODJO's failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of ODJO's right to enforce such provision or any other provision of these Terms of Use.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.
If you have any questions or comments, please contact our Members Services team by:
(1) emailing us at help@ODJO.com or
(2) contacting us by phone at 844-ODJO-CALL (844-538-2255) or
(3) mailing us at ODJO Help at the following address: (a) prior to May 31, 2015, mail to 353 Bloomfield Avenue, Montclair, NJ 07042 and (b) on or after June 1, 2015, mail to 221 River Street, Hoboken, NJ 07030.
The Top 100,000 UDJO Insiders will gain early access to UDJO on a rolling basis, beginning with the highest-ranking Insiders in early March. All Insiders: email us at insider@udjo.com if you’re uncertain of your final rank, or want more information.
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