Terms of service.
Acceptance of the Terms of Use
These Terms of Use are a binding agreement between you and Condition One Group LLC (“Condition One Group,” “C1G,” “we,” “our,” or “us”). These Terms, together with any policies and guidelines expressly incorporated by reference (collectively, the “Terms of Use”), govern your access to and use of any websites, mobile sites, pages, content, functionality, tools, platforms, or services owned and controlled by Condition One Group where these Terms appear or are referenced (collectively, the “Site”), whether as a guest or a registered user.
Please read these Terms of Use carefully before using the Site. By accessing or using the Site, you acknowledge that you have read and understood our Privacy Policy and Cookie Policy, and you agree to be bound by these Terms of Use and all incorporated policies. If you do not agree to these Terms or any future modifications, do not access or use the Site.
PLEASE REVIEW THE CLASS ACTION AND JURY TRIAL WAIVER IN THESE TERMS. IT AFFECTS HOW DISPUTES WITH CONDITION ONE GROUP ARE RESOLVED.
The Site is offered and available only to individuals 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Condition One Group and that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
Changes to These Terms of Use
We may revise these Terms of Use at any time in our sole discretion. Changes take effect immediately upon posting and apply to all access to and use of the website thereafter. By continuing to use the website after updated Terms are posted, you agree to the changes. Please review this page each time you visit to remain aware of the terms that apply.
Accessing the Website and Account Security
Our website is provided free of charge. We may withdraw, amend, or restrict access to the website—or to any service or material on it—at any time, without notice, and we are not liable if any part or all of the website is unavailable for any period. We may also limit access to some areas, or to the entire website, including for registered users.
You are responsible for arranging your own access to the website and for ensuring that anyone who uses the website through your internet connection is aware of and complies with these Terms. To use certain features, you may be asked to provide registration details or other information; you agree that such information will be accurate, current, and complete.
If you choose, or are given, a username, password, or any other security credential, you must treat it as confidential and not disclose it to any other person or entity. Your account is personal to you; you must not allow others to access the website using your credentials. Notify us immediately of any suspected or actual unauthorized use of your credentials or any other security breach, log out at the end of each session, and use caution on public or shared computers.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and for any reason, including if we believe you have violated these Terms.
Intellectual Property Rights
The website and all content, features, and functionality (including information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Condition One Group, our licensors, or content providers, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may use the website for your personal, non-commercial use only. Without our prior written permission, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the website, except that: (i) your computer may temporarily store copies in RAM incidental to browsing; (ii) your browser may cache files for display enhancement; (iii) you may print or download a reasonable number of pages for your personal, non-commercial use; (iv) if we provide desktop or mobile applications, you may download a single copy for your personal, non-commercial use subject to the applicable license; and (v) if we enable social-media features, you may take the actions those features permit.
You must not modify copies of materials, use any media separately from accompanying text, or remove any copyright, trademark, or other proprietary notices. If you breach these Terms, your right to use the website ceases immediately and you must return or destroy any copies you have made. No right, title, or interest in or to the website or its content is transferred to you, and all rights not expressly granted are reserved by Condition One Group.
Trademarks
Condition One Group, C1G, our logos, product and service names, designs, and slogans are trademarks or service marks of Condition One Group LLC or our affiliates or licensors. You may not use any of our marks without our prior written permission. All other names and marks on the website are the property of their respective owners, and no affiliation or endorsement is implied.
Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms. You agree not to: violate any applicable law or regulation; exploit or harm minors; transmit unauthorized advertising or spam; impersonate any person or entity; remove or modify proprietary notices; attempt to interfere with the website’s proper functioning; introduce malware or harmful code; gain unauthorized access to any part of the website, server, or connected systems; overload or disable the website; or use robots, spiders, or other automatic devices to monitor or copy material without our prior written consent. You also agree not to engage in conduct that, in our judgment, harms Condition One Group or other users or exposes them to liability.
User Contributions
The website may include interactive features that allow users to post or transmit content (“User Contributions”). All User Contributions must comply with these Terms and any posted content standards. User Contributions are considered non-confidential and non-proprietary. By posting, you grant Condition One Group and our service providers a perpetual, worldwide, royalty-free, transferable, and sub-licensable license to use, store, reproduce, modify, perform, display, distribute, and otherwise disclose such material for any purpose.
You represent and warrant that you own or control all rights in and to your User Contributions and that your submissions comply with these Terms. You are solely responsible for your content, including its legality, reliability, accuracy, and appropriateness. Views expressed by other users do not reflect our views, and we are not responsible for User Contributions.
Monitoring and Enforcement; Termination
We may remove or refuse to post any User Contributions for any reason, disclose your identity to third parties asserting their rights, take legal action for any illegal or unauthorized use of the website, and suspend or terminate access to all or part of the website at any time. We may report suspected unlawful conduct to law enforcement and cooperate with investigations. While we may take these actions, we do not undertake to review material before it is posted and cannot ensure prompt removal of objectionable content. You are responsible for backing up your content.
DMCA Copyright Notifications
We respect intellectual property rights. If you believe in good faith that material on our website infringes your copyright, please send a written notice containing the information required by 17 U.S.C. §512(c)(3) to our designated agent:
DMCA Agent
Condition One Group LLC – Legal
16850 Collins Ave #106-B
Sunny Isles Beach, FL 33160
Email: legal@conditiononegroup.com
Upon receipt of a valid notice, we will process it in accordance with the DMCA.
Content Standards
All User Contributions and use of interactive features must comply with applicable laws and must not be defamatory, obscene, harassing, hateful, or otherwise objectionable; infringe any intellectual property or privacy/publicity rights; deceive others; promote illegal activity; impersonate any person or misrepresent affiliation; constitute unauthorized commercial activity; or give the impression they originate from or are endorsed by us without our consent.
Reliance on Information Posted
Materials on the website are provided for general information only and are not advice. You should obtain professional or specialist advice before taking or refraining from any action based on website content. We make no representations or warranties regarding completeness, accuracy, or usefulness, and any reliance you place on such information is at your own risk. Content provided by third parties is solely the responsibility of those parties.
Changes to the Website
We may update website content from time to time, but it may not be complete or current. We have no obligation to update any material.
Information About You and Your Visits
All information we collect on the website is subject to our Privacy Policy and Cookie Policy. Please review those policies to understand how we collect and use information.
Linking to the Website and Social-Media Features
You may link to our homepage in a way that is fair and legal and does not damage our reputation or suggest endorsement. The website may provide social-media features that enable limited posting or linking of our content. You may use these features only as provided and in accordance with any additional terms we supply. We may withdraw linking permission or disable social-media features at any time. The site from which you link must comply with the content standards. We do not control third-party content and are not responsible for it.
Links from the Website
Links to third-party sites are provided for convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage arising from your use of them. If you access a third-party site, you do so at your own risk and subject to its terms.
Geographic Restrictions
The website is controlled from Florida, U.S.A. We make no representation that the website or its content is appropriate or available outside the United States. If you access the website from other locations, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THAT FILES OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR ANTI-VIRUS PROTECTION AND DATA BACKUP.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CONDITION ONE GROUP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONDITION ONE GROUP, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE OR CONTENT, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF CONDITION ONE GROUP AND ITS AFFILIATES AND PROVIDERS FOR ALL CLAIMS RELATED TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, ONLY THE LIMITATIONS LAWFULLY APPLICABLE TO YOU WILL APPLY.
Indemnification
You agree to defend, indemnify, and hold harmless Condition One Group, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, and successors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your User Contributions, your misuse of the website or content, or your negligence, willful misconduct, fraud, or violation of law.
Class Action and Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND CONDITION ONE GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT PERMITTED BY LAW, YOU AND CONDITION ONE GROUP WAIVE ANY RIGHT TO A JURY TRIAL.
Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to them or the website are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to such jurisdiction and venue.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
Termination
These Terms remain in effect until terminated. We may terminate or suspend your access to all or part of the website, or these Terms, at any time with or without cause. Provisions that by their nature should survive termination (including, without limitation, Intellectual Property Rights, Trademarks, User Contributions, Prohibited Uses, Disclaimers, Limitations of Liability, Indemnification, Governing Law and Jurisdiction, and Limitation on Time to File Claims) will survive.
Waiver and Severability
No waiver by Condition One Group of any term is a continuing waiver of that term or any other term. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.