Welcome to the terms and conditions ("Terms") for ownproducts.com, the website maintained and operated by Own Products, Inc. ("Own Products.") If you visit or shop at ownproducts.com, you accept these Terms. The Terms constitute the entire agreement between you and Own Products. However, should you enroll in a membership or subscription program where certain Own Products are purchased on a subscription or recurring basis, then additional terms relating to the membership and subscription program will also apply.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Own Products immediately of any unauthorized use of your account, user name, or password. Own Products shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Own Products, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
In placing an order for our products, you authorize Own Products to charge the credit card used to place your order. If the credit card becomes invalid, or if the charge is otherwise rejected, Own Products will send you an email notifying you that the order has been placed on hold and requesting that you update your payment information by signing in to your account on the Own Products website. Your order will be kept on hold and no additional orders will be processed or shipped until the information is updated.
You agree to notify Own Products immediately via email to firstname.lastname@example.org promptly after you discover that the credit card number you initially provided has changed or become invalid.
Contact Information. If you have any questions or concerns with respect to these Terms or the website, you may contact Own Products at
OWN PRODUCTS, INC. Attention: Consumer Affairs 465 California Street., Suite 1290 San Francisco, CA 94104 1-877-900-6967 email@example.com
Prices. All charges shall be billed in U.S. dollars. While prices of products we sell are listed on our website, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is canceled, Own Products shall issue a credit to your credit card account in the amount of the incorrect price.
All prices and conditions are subject to change as Own Products may, at its sole discretion, deem appropriate. Any change in price or condition shall be effective after our website has been modified to reflect such change, whether or not any member or subscriber has received advanced written notice.
Risk of Loss. Risk of loss and title for items you purchase from Own Products pass to you upon our delivery to the carrier.
Exchanges and Returns. Own Products offers its customers a product satisfaction guarantee. If you are dissatisfied with products you purchased directly from our website, call or email Own Products within 14 days from the date of your initial purchase for a refund (minus shipping and handling charges). Our telephone number is 1-877-900-6967 and our email address is firstname.lastname@example.org. When you contact us, please tell us the reasons for your dissatisfaction and how we might better serve your needs in the future.
Own Products is unable to guarantee products purchased from other retail outlets. you are dissatisfied with any products purchased from a retail outlet other than ownproducts.com other than ownproducts.com please contact that outlet directly.
Use of Software. Own Products may make certain software available to you from the website. If you download software from our website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Own Products for your personal, noncommercial, home use only. Own Products does not transfer the title or the intellectual property rights to the Software, and Own Products retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Own Products or its licensors and you may not copy or use them in any manner.
User Content. You grant Own Products a license to use the materials you post to the website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the website, you are granting Own Products, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Own Products, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. Own Products and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. You will not be compensated for any User Content. You agree that Own Products may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Minors. Own Products asks that parents supervise their children while online. No information should be posted by minor children without parental consent.
Compliance with Intellectual Property Laws. When accessing the website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name or email address. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Own Products reserves the right to terminate your receipt, transmission, or other distribution of any such material using the website, and, if applicable, to delete any such material from its servers. Own Products intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Although Own Products may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, blogs and the like on the website, Own Products is under no obligation to do so and assumes no responsibility or liability arising from the content of any such posting nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such posting on our website.
Copyright Infringement. Own Products' policy provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Own Products or of a third-party, or otherwise violated any intellectual property laws or regulations. Own Products' policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Own Products to delete, edit, or disable the material in question, you must provide Own Products with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Own Products to locate the material; (d) information reasonably sufficient to permit Own Products to contact you, such as your address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Own Products' designated agent:
Attn: Designated IP Agent OWN PRODUCTS, INC. 360 Pine Street, Suite 300 San Francisco, CA 94104 Telephone: 1-877-900-6967 Info@ownproducts.com
Alleged Violations. Own Products reserves the right to terminate your use of the website. To ensure that Own Products provides a high-quality experience for you and for other users of the website, you agree that Own Products or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third- party rights, or other unauthorized uses of the website. Own Products does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Own Products reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if Own Products believes you have violated any of the Terms, furnished Own Products with false or misleading information, or interfered with use of the website by others.
NO WARRANTIES. OWN PRODUCTS HEREBY DISCLAIMS ALL WARRANTIES. OWN PRODUCTS IS MAKING THE WEBSITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWN PRODUCTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OWN PRODUCTS DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE IT IS THE INTENT OF OWN PRODUCTS THAT CALIFORNIA LAW SHOULD APPLY TO THESE TERMS, CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITED LIABILITY. OWN PRODUCTS’ LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OWN PRODUCTS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS PROVIDED TO YOU BY OWN PRODUCTS. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
OWN PRODUCTS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
LIMITATION OF ACTIONS AGAINST OWN PRODUCTS. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE WEBSITE OR ARISING UNDER THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL FOREVER BE BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.
Affiliated Websites. Own Products works with a number of partners, guest contributors and affiliates whose respective websites may be linked to or with our website. Because neither Own Products nor our website has control over the content and performance of these partner and affiliate websites, Own Products makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and Own Products assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of our website, you may have access to content items (including, but not limited to, websites) that are owned or contributed by third parties. You acknowledge and agree that Own Products makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content.
Prohibited Uses. Own Products imposes certain restrictions on your permissible use of the website. You may not use any meta tags or any other "hidden text" using Own Products’ name or trademarks without the express written consent of Own Products. You are prohibited from violating or attempting to violate any security features of the website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, "flooding," "phishing," "spamming," "mail bombing," or "crashing"; (d) using the website to send unsolicited email, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Own Products in providing the website. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity. You agree to indemnify, defend, and hold harmless Own Products, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the website, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Copyright. All contents of the website are: Copyright © 2010 – 2011 Own Products, Inc., 360 Pine Street, Suite 300, San Francisco, California 94104. All rights reserved.
Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the state of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the city and county of San Francisco, California, USA, in all disputes arising out of or related to the use of the website.
Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License. Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Own Products or by any third party.
California Use Only. The website is controlled and operated by Own Products from its offices in the state of California. Own Products makes no representation that any of the materials to which you have been given access are available or appropriate for use in other locations. Your use of or access to the website should not be construed as Own Products’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Notice to California Consumers. Own Products encourages all consumers to contact us directly to resolve any complaint or to receive further information regarding the use of our website. For your information, the Consumer Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 916-445-1254 or 800-952-5210.
Termination. Notwithstanding any of these Terms, Own Products reserves the right, without notice and in its sole discretion, to terminate your use of this website and to block or prevent future access to and use of this website.