TERMS & CONDITIONS

These terms and conditions that govern the supply of products by ONE Performance to you.

Prior to making a purchase with us, please thoroughly review these terms. They outline essential information regarding your procurement with us. We reserve the right to amend these terms and conditions at our discretion without prior notice. Any revisions will be communicated by posting updated terms and conditions of sale on our official website. The terms and conditions in effect at the time of your purchase shall govern said transaction.

TERMS & CONDITIONS

Welcome to the ONE Performance website, www.oneperformance.com (the "ONE Performance website"), owned and operated by ONE Performance Group, Inc. and its affiliates ("ONE Performance"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the ONE Performance Website and ONE Performance's services, applications, content, and products (collectively, the "Site"). The terms of ONE Performance’s Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

1. Who we are and how to contact us

  • Who we are. We are ONE Performance, a corporation duly incorporated and registered in Florida. Our principal place of business is located at 6120 Reese Rd. Suite 112, Davie, FL 33314.
  • Contact Information. You can reach us via the contact form available here, by sending correspondence to the address above, or through the customer support via e-email at clientservices@oneperformance.com.
  • Communication Channels. In the event of necessary communication, we will utilize the email address provided by you in your most recent order.


2. Ordering Procedure

  • Placing Orders. Orders can be initiated through our website. Upon selecting the desired product(s) and adding them to your cart, you will proceed through our checkout process, where you will be required to input your contact details, as well as delivery and billing particulars. We strongly advise meticulous verification of your order details, including the product(s), size(s), and delivery address, prior to finalizing the transaction by clicking the "complete order" or "pay now" button, in the case of utilizing Apple Pay.
  • Acceptance of Orders. Your submission of an order constitutes an offer to purchase the product(s) listed in your cart. Upon receipt of your order, you will receive an acknowledgment email from us confirming its reception. The formal acceptance of your order occurs upon dispatch of the product(s) from our facilities in the United States, at which juncture a binding contract between you and us is established. This confirmation email will also include your unique order number, which should be referenced in any subsequent communications pertaining to your order.
  • Order Placement Restrictions. To place orders for our products, you must be at least 18 years of age and possess the authorization to utilize the selected payment method. Should you be under the age of 18, orders may only be placed with the involvement and consent of a parent or legal guardian.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Acknowledging the substantial expenses associated with legal disputes, both in terms of financial resources and time and effort, both you and ONE Performance, LLC ("ONE Performance") agree that any dispute or claim arising from or relating to these Terms, your visit to the Site, or any purchase, transaction, return, or other interaction with ONE Performance (including disputes regarding ONE Performance's advertisements and disclosures, email and mobile SMS messages sent by ONE Performance, or ONE Performance's collection or use of your information) ("Dispute") shall be resolved through binding arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act and federal arbitration law. Any party wishing to initiate arbitration must first attempt, in good faith, to resolve the dispute by providing the other party with a written notice ("Notice") outlining the facts and circumstances of the dispute, the specific relief sought, and any supporting documentation. The Notice must be sent via certified or registered mail to:

MAIL TO:
ONE Performance Group, Inc.
Attn: Legal
6120 Reese Rd.
Suite 112
Davie, FL 33314

or to you at your last-used billing address or the billing and/or shipping address in your online profile. If an agreement to resolve the claim cannot be reached within thirty (30) days after the Notice is sent, either party may commence arbitration. By agreeing to arbitration, you and ONE Performance are not waiving any statutory or common law rights or potential remedies to which either of us would be entitled if our dispute were instead heard in court. Any arbitration under this agreement shall be conducted by the American Arbitration Association ("AAA"), ADR.ORG, 1.800.778.7879, and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may elect to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. All filing, administration, and arbitrator fees will be governed by the AAA's applicable rules. In lieu of arbitration, either you or ONE Performance may assert individual claims in small claims court consistent with jurisdictional and dollar limits that may apply. This section will remain effective after the termination of the Terms of Use or your use of the Site ends. If you have violated or threatened to violate any ONE Performance intellectual property right (as defined below), ONE Performance may file suit in any state or federal court in the State of Florida. You consent to the exclusive jurisdiction and venue of these courts.

CLASS ACTION WAIVER

You and ONE Performance agree that any dispute resolution proceedings will occur solely on an individual basis and not as part of a class, consolidated, collective, or representative action. Should this class action waiver be deemed void or unenforceable, the dispute shall be resolved in state or federal court rather than through arbitration. You further agree not to participate as a member of any putative or actual class in a class action brought against ONE Performance by any other party, nor will you seek to become a class representative. Additionally, you agree that any relief sought in any action you initiate against ONE Performance will be limited to relief on your own behalf. This provision will remain in effect after the termination of the Terms of Use or your use of the Site ends.

PROHIBITED USAGE

The Site is to be utilized solely for lawful purposes and is accessible for personal, non-commercial use only, including viewing the Site, purchasing products, providing information, and downloading product information for personal review. Any authorization granted herein automatically terminates upon any breach of the Terms. Upon such termination, immediate destruction of any downloaded and/or printed materials is required. Unauthorized use of any material on this Site may constitute a violation of domestic and/or international copyright laws, privacy and publicity laws, and communication regulations. Users are accountable for their communications, including transmission, posting, and uploading of information, and bear responsibility for the consequences thereof on the Site. ONE Performance explicitly prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following purposes:

  • Posting incomplete, false, inaccurate, or unauthorized information.
  • Engaging in conduct that could result in criminal offenses, civil liability, or violations of city, state, national, or international laws or regulations, or failure to comply with accepted Internet protocol.
  • Communicating, transmitting, or posting copyrighted material or material owned by a third party without proper authorization.
  • Communicating, transmitting, or posting trade secrets without ownership or proper permission.
  • Communicating, transmitting, or posting material that infringes upon any intellectual property, privacy, or publicity rights of another.
  • Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in contravention of applicable export control laws.
  • Attempting to interfere with the Site’s or ONE Performance's networks or network security, or using the Site’s service to gain unauthorized access to any other computer system.
  • Communicating, transmitting, or posting material that violates applicable laws or regulations.
  • Using the Site to harass, disrupt, or unlawfully interfere with ONE Performance's business interests.

ORDERS AND PURCHASES

To optimize your shopping experience and ensure fairness among customers, we may impose limitations on purchases and do not authorize the acquisition of merchandise in commercial quantities. This may include restricting orders under the same customer account, credit card, and/or those using identical billing and/or shipping addresses. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, violate this policy, and may cease business with customers who do so. This policy is applicable to all purchases of ONE Performance merchandise, encompassing transactions made in retail stores, sample sales, warehouse sales, and through catalogs and websites.

Furthermore, ONE Performance reserves the right to limit, cancel, or prohibit orders associated with, seemingly exploiting, or otherwise reasonably linked to: (i) any malfunction, glitch, or technological errors occurring on the Site, and (ii) the utilization or misuse of any coupon code included in such order.

Customers are obligated to contact ONE Performance within four weeks of ordering a product if it has not been received. Claims will be investigated in a reasonably prompt manner. ONE Performance does not assume responsibility for packages reported as delivered by the carrier, nor for lost, misplaced, or incorrectly delivered shipments resulting from incorrect or erroneously entered address information at the time of purchase.

SECURITY GUIDELINES

Unauthorized access or attempted access to data, servers, or accounts not designated for your use may lead to legal consequences, both civil and criminal. ONE Performance reserves the right to investigate such breaches and may collaborate with law enforcement agencies to prosecute any individual or individuals found to be involved in such activities. You are strictly prohibited from engaging in the following actions that compromise the security of the Site:

  • Accessing data not intended for your access or unauthorized entry into a ONE Performance server or account.
  • Attempting to probe, scan, or test the vulnerabilities of systems or networks, or breaching security or authentication measures without proper authorization, or succeeding in such attempts.
  • Attempting to disrupt or interfering with the functioning of our Site, our provision of services to other visitors of our Site, our hosting provider, or our network. Such interference includes, but is not limited to, the submission of viruses to the Site, overloading, "flooding," "email bombing," or "crashing" the Site.
  • Fabricating any part of the TCP/IP packet header or any header information in any email or transmission or posting on our Site.


PRIVACY POLICY

The collection, use, disclosure, and sharing of any personally identifiable information provided by you via the Site are subject to ONE Performance's Privacy Policy and Cookie Policy. For comprehensive details regarding ONE Performance's practices concerning the collection, protection, and utilization of your personal information, please refer to our Privacy Policy and Cookie Policy. By accepting these Terms, you also agree to adhere to the provisions outlined in both the Privacy Policy and the Cookie Policy, which are hereby incorporated by reference.

PRODUCT AND PRICING DISCLOSURE


The pricing presented to you via use of ONE Performance’s website only.

Although ONE Performance has made every effort to display our products accurately, including their colors, textures, and appearance, the depiction of product attributes relies on the user's device display settings, and ONE Performance cannot ensure precise portrayal of the actual attributes of the products. Products showcased may be unavailable or discontinued, and prices are subject to alteration. ONE Performance disclaims liability for typographical errors concerning pricing or any other matter. Moreover, ONE Performance does not guarantee the accuracy of customer product ratings, comments, or feedback.

PROPRIETARY RIGHTS

As between you and ONE Performance (or any other entity whose marks are featured on the Site), ONE Performance (or the respective entity) holds ownership and/or authorization over any registered or unregistered trademark, trade name, and/or service mark displayed on the Site, and holds the copyright or license for the Materials and Content on the Site, unless stated otherwise. The logos, designs, titles, phrases, and product names of ONE Performance, along with the associated copyrights, trademarks, service marks, trade dress, and/or other intellectual property within such materials (collectively referred to as "ONE Performance Intellectual Property"), are the property of ONE Performance and may be registered in the United States and internationally. You agree not to use or display ONE Performance Intellectual Property in any manner without the prior written consent of ONE Performance. No provision on the Site should be interpreted as granting any license or right to use any ONE Performance Intellectual Property without the express written consent of ONE Performance. Unless otherwise stated herein, the use of the Site does not confer upon you a license to any Materials and Content or features accessible on the Site, and you are prohibited from modifying, renting, leasing, loaning, selling, distributing, or creating derivative works of such Materials and Content, features, or materials, in whole or in part. Any commercial exploitation of the Site is strictly forbidden, except as permitted herein or with prior approval from us. You may not download or retain a copy of any of the Materials and Content or screens for any purpose unless expressly permitted by ONE Performance. Engaging with the Site in any manner not outlined herein could constitute a violation of copyright and other laws of the United States and/or other countries, as well as relevant state laws, subjecting you to liability for such unauthorized usage. The information on the Site, including, but not limited to, all site design, text, graphics, interfaces, and their arrangement, is protected by law, including, without limitation, copyright law. Additionally, it is explicitly stated that designs featured on clothing items are owned by ONE Performance, and any unauthorized use or reproduction of these designs is strictly prohibited.

USER CONTENT AND MATERIAL

We do not assert ownership over user-generated content and material. Any and all content that you (i) submit or post on the Site, on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, Tumblr, and Pinterest, tagged with #ONEPerformance or any other ONE Performance promoted hashtag (collectively referred to as "User Content"), shall be considered non-confidential and non-proprietary. By submitting or posting any User Content, you grant to ONE Performance and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to utilize, reproduce, distribute, modify, create derivative works from, display, transmit, publish, and exploit the User Content, including your name, persona, likeness, social media account handle, username, real name, profile picture, and any other associated information, in any commercial or non-commercial manner, in whole or in part, across all distribution channels, media, or technology, whether now known or developed in the future, without any obligation of attribution or further notice to you.

You acknowledge and consent that any reviews posted on the Site ("Reviews"), including any multimedia content contained therein, constitute User Content and may be shared or reposted on social media by any individuals accessing the site. By posting Reviews, you grant all Site users interacting with your Review(s) a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, modify, create derivative works from, display, transmit, publish, and exploit the Reviews, including your name, persona, likeness, social media account handle, username, real name, profile picture, and any other associated information, in any commercial or non-commercial manner, in whole or in part, across all distribution channels, media, or technology, whether now known or developed in the future.

Neither you nor any other individual or entity shall have the right to receive any royalty or compensation for the use of the User Content pursuant to these Terms, nor the right to review or approve the editorial content associated with the User Content. ONE Performance is entitled to utilize any ideas, concepts, or techniques contained in the User Content for any purpose, including but not limited to product development, manufacturing, and marketing. ONE Performance reserves the right, at its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason. Despite the licenses granted herein, you retain ownership of any copyright and other rights in the User Content. By submitting or posting User Content on the Site or through any provided tools or applications, you represent and warrant that you own or control all rights to the User Content, including the necessary permissions from any individuals appearing in the content, and that the User Content complies with applicable laws and does not infringe upon the rights of any third party.

You are solely liable for the User Content, and you agree to indemnify and hold ONE Performance and its employees, agents, affiliates, assigns, and licensees harmless from any damages, claims, expenses, costs, or fees arising from a breach of the foregoing representations or any violation of law or third-party rights. ONE Performance does not warrant the accuracy or reliability of any User Content or endorse any opinions expressed therein. By submitting User Content, you release and discharge ONE Performance and its officers, directors, employees, and agents from any and all claims, demands, and damages arising from disputes between you and other users or any use of the User Content.

You acknowledge that ONE Performance has no control over the use or misuse of User Content by you or any third party and shall not be liable for any damages resulting therefrom. ONE Performance acts as a passive conduit for User Content and has no obligation to monitor or screen it. However, ONE Performance may investigate any alleged non-compliance with these Terms and take appropriate action in its sole discretion.

ONE Performance reserves the right to remove or delete any objectionable User Content without notice, and you waive any claims against ONE Performance for such removal or deletion. ONE Performance is not responsible for the failure to store posted content or other materials transmitted through the Site, and you are advised to preserve copies of any data or information you post.

COPYRIGHT CONCERNS

ONE Performance highly values intellectual property rights and expects the same level of respect from our users and visitors. If you believe that your copyrighted work has been used in a manner that constitutes infringement, please provide ONE Performance with the necessary information as required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). For your notification to be effective, it must include ALL of the following:

  • A physical or electronic signature of an individual authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are involved, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to allow us to contact the complaining party.
  • A statement asserting that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.


Notices concerning claimed copyright infringement and counter-notices should be directed to:

By mail:
ONE Performance Group, Inc.
Attn: Legal
6120 Reese Rd.
Suite 112
Davie, FL 33314
By email: clientservices@oneperformance.com



(For both mail and email notices, please include "Notice of Infringement" in the subject line.)

Upon receipt of notices complying with the DMCA, ONE Performance will take appropriate action to remove or disable access to any material found to be infringing or the subject of infringing activity. It may be challenging to ascertain if your intellectual property rights have been violated. Therefore, we may request further information before taking action on any alleged infringement. In case of a dispute regarding the rightful owner of the disputed rights, we reserve the right to temporarily remove your content along with that of the alleged infringer until the matter is resolved. You may receive notice if we have removed or disabled access to certain content or material. In response, you may submit a counter-notification in writing to the designated agent. To be effective, the counter-notification must include the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled, along with the location where the material appeared before its removal or access was disabled.
  • A statement, made under penalty of perjury, that you have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled.
  • Your name, physical address, telephone number, and a statement consenting to the jurisdiction of a Federal District Court for the judicial district where your physical address is located, or if your physical address is outside of the United States, for any judicial district where ONE Performance may be found. Additionally, you must consent to accept service of process from the person who notified us of the allegedly infringing material or an agent of such person.

DISCLAIMERS AND LIMITATION OF LIABILITY

ONE Performance provides information on its website as a helpful resource. While we strive for accuracy, there might be unintentional errors. We reserve the right to update the site without notice. Please note that products listed on our site might not be available in your area. We do not guarantee that the information on our site is suitable for your location or that all products will be available for purchase everywhere. ONE Performance is not liable for any reactions you may have to our products. Our products adhere to all necessary regulations regarding fabric content. If you have concerns about fabric allergies, we advise consulting your doctor before purchasing. Your use of the site is at your own risk.

ONE Performance DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED, REGARDING INFORMATION ACCESSED FROM OR VIA THE SITE. This includes content, services, and materials provided on the site. We do not guarantee the availability, accuracy, or usefulness of information, nor do we promise uninterrupted access. ONE Performance makes no warranty regarding meeting user expectations. If you are dissatisfied with the site, your only recourse is to stop using it. We are not liable for any damage resulting from material downloaded from the site.

We make no warranties concerning non-ONE Performance sites linked from this site. These links are provided for convenience only. We do not endorse the accuracy or safety of information on these external sites. ONE Performance does not guarantee any products or services offered by third parties on the site. IN NO EVENT SHALL ONE Performance, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM THE USE OF THE SITE. This includes but is not limited to lost profits or business, even if advised of the possibility of such damages. Some jurisdictions do not allow such limitations of liability, so these limitations may not apply to you.

INDEMNITY

You agree to protect, indemnify, and hold ONE Performance, its directors, officers, employees, agents, and affiliates harmless from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from your use of the Site, your breach of the Terms, or the posting or transmission of any materials on or through the Site by you. This includes any claims from third parties alleging that any information or materials you provide infringe upon any third-party proprietary rights.

GOVERNING LAW AND DISPUTES

These Terms are governed by, interpreted, and enforced in accordance with the laws of the State of Florida, without regard to any conflict of law provisions, except to the extent governed by federal law.

GENERAL INFORMATION

These Terms, alongside the Privacy Policy, Cookie Policy, and Access Terms (as defined below), constitute the complete agreement between you and ONE Performance governing your use of the Site, superseding any prior agreements between you and ONE Performance. You may also be subject to additional terms and conditions applicable to certain parts of the Site. ONE Performance reserves the right to terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if you fail to comply with any provision of these Terms in ONE Performance's sole discretion. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between ONE Performance and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have against ONE Performance or the Site must be initiated within one (1) year after the claim or cause of action arose. Failure by ONE Performance to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of the remaining portions of the Terms deemed enforceable by applicable courts of law. You may not assign the Terms or any of your rights or obligations under the Terms without the express written consent of ONE Performance. The Terms shall benefit ONE Performance's successors, assigns, affiliates, and licensees. Section titles in these Terms are for convenience only and hold no legal or contractual effect.

To contact us with any questions or concerns regarding these Terms or the Site or to provide any notice under these Terms, please refer to the Contact Us page of this website.

For more information, please contact our
client service advisors at clientservices@oneperformance.com.