Welcome to 1 and 1 Life.com. 1 and 1 Life Services LLC and/or its affiliates ("1 and 1 Life") provide website features and other products and services to you when you visit or shop at 1 and 1 Life.com, use 1 and 1 Life products or services, use 1 and 1 Life applications for mobile, or use software provided by 1 and 1 Life in connection with any of the foregoing (collectively, "1 and 1 Life Services"). 1 and 1 Life provides the 1 and 1 Life Services subject to the following conditions.
By using 1 and 1 Life Services, you agree to these conditions. Please read them carefully.
We offer a wide range of 1 and 1 Life Services, and sometimes additional terms may apply. When you use an 1 and 1 Life Services you also will be subject to the guidelines, terms and agreements applicable to that 1 and 1 Life Services ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of 1 and 1 Life Services, to understand our practices.
When you use any 1 and 1 Life Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other 1 and 1 Life Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any 1 and 1 Life Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of 1 and 1 Life or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any 1 and 1 Life Services is the exclusive property of 1 and 1 Life and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any 1 and 1 Life Services are trademarks or copyrights of 1 and 1 Life in the U.S. and other countries. 1 and 1 Life's trademarks and copyrights may not be used in connection with any product or service that is not 1 and 1 Life's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 1 and 1 Life. All other trademarks not owned by 1 and 1 Life that appear in any 1 and 1 Life Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 1 and 1 Life.
One or more patents owned by 1 and 1 Life apply to the 1 and 1 Life Services and to the features and services accessible via the 1 and 1 Life Services. Portions of the 1 and 1 Life Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, 1 and 1 Life or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the 1 and 1 Life Services. This license does not include any resale or commercial use of any 1 and 1 Life Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any 1 and 1 Life Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by 1 and 1 Life or its licensors, suppliers, publishers, rights holders, or other content providers. No 1 and 1 Life Services, nor any part of any 1 and 1 Life Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 1 and 1 Life. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 1 and 1 Life without express written consent. You may not use any meta tags or any other "hidden text" utilizing 1 and 1 Life's name or trademarks without the express written consent of 1 and 1 Life. You may not misuse the 1 and 1 Life Services. You may use the 1 and 1 Life Services only as permitted by law. The licenses granted by 1 and 1 Life terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any 1 and 1 Life Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 1 and 1 Life does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the 1 and 1 Life Services only with involvement of a parent or guardian. Alcohol listings on 1 and 1 Life are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. 1 and 1 Life reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 1 and 1 Life reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant 1 and 1 Life a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 1 and 1 Life and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 1 and 1 Life for all claims resulting from content you supply. 1 and 1 Life has the right but not the obligation to monitor and edit or remove any activity or content. 1 and 1 Life takes no responsibility and assumes no liability for any content posted by you or any third party.
1 and 1 Life respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement.
The Services Do Not Provide Medical Advice
The contents of the 1and1 Life Services (such as text, graphics, images, information and charts) obtained from 1and1 Life's licensors (including information, advice and coaching received either in written or oral format and other material contained in the 1and1 Life Services (“Content”)) are for informational purposes only.
RISK OF LOSS
All items purchased from 1 and 1 Life are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
1 and 1 Life does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, 1 and 1 Life does not take title to the refunded item.
1 and 1 Life attempts to be as accurate as possible. However, 1 and 1 Life does not warrant that product descriptions or other content of any 1 and 1 Life Services is accurate, complete, reliable, current, or error-free. If a product offered by 1 and 1 Life itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of our product, supplier, or seller. We regularly check List Prices against prices recently found on 1 and 1 Life and other retailers. Certain products may have a "Previously Priced" displayed, which is determined using recent price history of the product on 1 and 1 Life.
With respect to items sold by 1 and 1 Life, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by 1 and 1 Life 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. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by 1 and 1 Life, such as the 1 and 1 Life App, 1 and 1 Life Shopping App, or 1 and 1 Life Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
1 AND 1 LIFE SOFTWARE TERMS
In addition to these Conditions of Use, any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with 1 and 1 Life Services (the "1 and 1 Life Software").
Parties other than 1 and 1 Life operate stores, provide services, or sell product lines through the 1 and 1 Life Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. 1 and 1 Life does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE 1 AND 1 LIFE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 1 AND 1 LIFE SERVICES ARE PROVIDED BY 1 AND 1 LIFE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 1 AND 1 LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE 1 AND 1 LIFE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 1 AND 1 LIFE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE 1 AND 1 LIFE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 1 AND 1 LIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1 AND 1 LIFE DOES NOT WARRANT THAT THE 1 AND 1 LIFE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 1 AND 1 LIFE SERVICES, 1 AND 1 LIFE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM 1 AND 1 LIFE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1 AND 1 LIFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY 1 AND 1 LIFE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY 1 AND 1 LIFE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any 1 and 1 Life Services, or to any products or services sold or distributed by 1 and 1 Life or through 1 and 1 Life.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send an email [email protected] requesting arbitration and describing your claim to our registered agent Corporation Service Company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, 1 and 1 Life will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any 1 and 1 Life Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 1 and 1 Life.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
. These policies also govern your use of 1 and 1 Life Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to [email protected] We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Additional 1 and 1 Life Software Terms
Use of the 1 and 1 Life Software. You may use 1 and 1 Life Software solely for purposes of enabling you to use and enjoy the 1 and 1 Life Services as provided by 1 and 1 Life, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the 1 and 1 Life Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the 1 and 1 Life Software or otherwise assign any rights to the 1 and 1 Life Software in whole or in part. You may not use the 1 and 1 Life Software for any illegal purpose. We may cease providing any 1 and 1 Life Software and we may terminate your right to use any 1 and 1 Life Software at any time. Your rights to use the 1 and 1 Life Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain 1 and 1 Life Software that are specifically identified in related documentation may apply to that 1 and 1 Life Software (or software incorporated with the 1 and 1 Life Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any 1 and 1 Life Services is the property of 1 and 1 Life or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the 1 and 1 Life Software, whether in whole or in part, or create any derivative works from or of the 1 and 1 Life Software.
Updates. In order to keep the 1 and 1 Life Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the 1 and 1 Life Software. If you are a U.S. Government end user, we are licensing the 1 and 1 Life Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the 1 and 1 Life Software are the same as the rights we grant to all others under these Conditions of Use.
What are Customer Discussions?
Customer Discussions connect you with other customers to share your questions, insights, and views about products available on 1and1Life.com. Read what others are saying about hot products, get knowledgeable answers, check out product comparisons, and swap comments in our easy-to-use group discussions.
You can also let us know what you think of the Customer Discussions feature by contacting 1and1Life.com's Customer Discussions team directly. (This is for comments to the Discussions team only.
Who can participate in discussions?
Customers! Anyone who has purchased items from 1and 1Life and is in good standing in the 1and1Life.com community can reply to an existing discussion or start a new one. All visitors to 1and1Life.com can read any current discussion.
What should I post?
Please share thoughts that you think will add to the discussion and help other customers interested in the product area, or start a conversation to learn from other customers' experiences. For example:
Ask questions about a product ("Is the Supreme Protein powder suitable for my 8- year old son?" "Do the 1 and 1 Life gym shorts run small?")
Contribute product comparisons ("The Levi skinny jean wins on price and look, while the Calvin Klein jean on size and style." "I really recommend the Nutrition guide over the more advanced Get Fit Boot Camp guide if you're just getting started.")
Look for guidance from other customers who have made similar purchases ("I love my new 1 and 1 Life Style warm up suit, but want to find sneakers to go with it. What brands match this season’s color options?" "Did anyone else have trouble viewing the Style video")
Get advice when shopping ("If I want a pocket-sized digital camera, do I have to give up decent optical zoom?" "What should I look for in a travel guide when vacationing with kids?")
Share your experience in a product area ("The 'fuzzy logic' feature makes perfect, fluffy rice, but what I most value in a rice cooker is flexibility." "The new multimedia Nokias with Series 60 software should really challenge the industry.")
Debate plots, characters, lyrics, and more with other fans. Connect with aficionados to discuss authors, musicians, or directors.
What shouldn't I post?
Behave as if you were a guest at a friend's dinner party. Please treat the 1and1Life.com community with respect. Do not post:
Profane or obscene, inflammatory or spiteful comments
Messages that abuse, denigrate or threaten others
Text or articles written by someone else, even with attribution for the author, except for brief quotations from a book, article or other product related to the discussion
Any personal information about children under 13
Descriptions that intrude on the privacy of another person, including revealing personally identifiable information such as their name or address
Text that promotes illegal or immoral conduct
Repeated posts that make the same point excessively
Repeated unwelcome messages that harass or embarrass other customers or participants
Repeated posts that promote an item in the 1and1Life.com catalog
Any form of "spam," including advertisements, contests, or other solicitations for other websites or companies; or any URL link that includes a "referrer" tag or affiliate code.
Do not impersonate another person, including an 1and1Life.com employee.
We recommend that you do not post your phone number or e-mail address.
How do I find and read a discussion?
On product pages, under Customer Discussions, you will find a list of the most recently active discussions about a product. In most web browsers, you can "hover" your mouse pointer over the icon at the beginning of a discussion title to preview the first posts in the discussion. Click on a discussion title to read the whole discussion or make your own reply. To browse more discussion titles, click "See all discussions" at the bottom of the discussion list.
Some product pages also list relevant "General forums" to the right of the list of product-specific discussions. In these forums, customers discuss topics related to the product area, covering more general questions or interests.
You can also find conversations and feedback attached to individual customers' product reviews (or other features on 1and1Life.com). Click on the "Comments" link at the bottom of a review to see what other customers have said.
How do I reply to a discussion?
Click "Reply" at the end of a message to post a response. Your reply is placed at the end of the discussion. Anyone reading your post will also be able to click "In reply to an earlier post" to display the message to which you responded.
How do I start a new discussion?
On a product page or in a discussion forum, start a new discussion below the list of recently-active discussion titles. Once you click in the discussion topic text box, you'll also see a box to enter the initial post.
How do I edit or delete my post?
Click "Edit" on any message that you have posted. (You need to be signed in with the same account you used to write the post.) You can then change the text or delete the post.
What if I find an inappropriate post, or one that detracts from the discussion?
If you find a post that you feel is obscene, threatening, pornographic, another person's words, or otherwise violates 1and1Life.com's guidelines outlined here or in the Conditions of Use, please click "Report abuse" and submit the report.
If you think that a post just doesn't help further the discussion, vote "No" on the right edge of the post. On the other hand, if you believe that a post, whether you agree with it or not, contributes well to a constructive conversation, you can vote "Yes" on the right edge of the post. When the customers voting on a post collectively don't think it adds to the discussion, the post may be hidden by default. You can still view these posts by clicking "Show post anyway."
How do I get back to a specific post?
Each post has a "permalink" link, a direct pointer to an individual post in a discussion. You can click this link and add it to your favorite bookmarks, or copy it from your browser's address bar and send it in e-mail.
How can I keep track of new posts in an interesting discussion?
In most 1and 1Life discussions, you can request email updates when new posts are made. Click the "Track this discussion" button in the right column of the discussion page.
To track comments about a customer review, click on the "Track comments" link, at the top of the comments. If you have submitted customer reviews, you can also request email updates when new comments are posted to any of your own reviews, by clicking "Track comments on my reviews."
If you use an RSS reader, you can subscribe to a discussion using the RSS Feed link near the tracking button.
What do I do if my message was deleted?
We regularly investigate messages that have been reported to 1and1Life.com as violating our guidelines. If you feel your message was removed inappropriately, email us [email protected].
Do messages impact my Top Reviewer ranking?
Top Reviewer rankings are based on Customer Reviews only. Your messages, and the votes cast on them, do not impact your Top Reviewer ranking.