These Terms and Conditions (“Terms”) govern your access to and use of theorigin21.com (“Site”) and our online store services (“Services”), provided by Origin 21 (“we” or “us”).
Please read these Terms carefully before using our Site or Services. By accessing or using our Site or Services, you signify acceptance of these Terms. If you do not agree to all these Terms, you may not access or use our Site or Services. We may modify these Terms at any time without notice, and your use of our Site or Services after we post updated Terms constitutes acceptance of the modifications.
Use of Site & Services
Age Requirements: You must be at least 18 years old to use our Site or Services. Use by anyone under 18 is unauthorized, unlicensed and in violation of these Terms.
Account Information: You may need to create an account to use some Services. You agree to provide true, accurate and complete registration information and keep it updated.
Use Restrictions: You agree not to:
- Use our Site or Services for any unlawful, unauthorized, fraudulent, or malicious purpose.
- Violate any laws, regulations, rules, codes of conduct, or ethical standards that apply.
- Harm or threaten others or their property.
- Transmit any viruses, worms, defects, Trojan horses, malware, or any other items of a destructive nature.
- Infringe the rights of Origin 21® or any third party (including all intellectual property rights).
- Use any robot, spider, crawler, scraper, or other automated means to access our Site for any purpose without our express written permission.
- Override any security feature or bypass or circumvent any access controls or use limits.
- Use our Site or Services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment.
- Obtain or try to obtain any data or materials in any manner that is not intentionally made available through our Site or Services.
Order Acceptance & Pricing Errors: For items purchased through our online store, we strive to show accurate pricing, however errors may occur. If we discover a pricing error, we may cancel any orders placed for that item.
Permission to Contact You: By creating an account, placing an order, submitting content, posting material, or providing us with your email address or phone number, you expressly consent to receiving messages, including emails and calls for marketing purposes, at the contact information you provide, subject to applicable laws and our Privacy Policy. You may opt out of such communications as described in our Privacy Policy.
Content You Submit
User Content: Our Site and Services may allow you to upload, submit, post, create, transmit, store, or display (collectively “submit”) content and materials. You retain full ownership of any intellectual property rights that you hold in that content.
Licenses You Grant: When you submit content, you grant us licenses to store, display, reproduce, modify, create derivative works from, distribute, and publish it in connection with our Site, Services, and business, including for promotional purposes. These licenses are broad, worldwide, non-exclusive, royalty-free, sublicensable, and transferable.
No Compensation: We have no obligation to review, monitor, display, compensate, or provide attribution for any content you submit. We may remove content for any reason.
Representations About Content: You represent that any content you submit complies with our content policies below and that you have rights to grant us the licenses described here.
Feedback: If you choose to submit comments, ideas or feedback, you agree that we can use them without restriction or compensation to you.
Content Policies: You agree not to submit any prohibited content or materials through our Site or Services. Prohibited content includes content that is illegal, abusive, tortious, defamatory, libelous, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious. We may remove such prohibited content without notice.
Intellectual Property
Our Site, Services, and all of their content including text, graphics, logos, interfaces, software code, designs, systems, photos, videos, audios, music, and other material are the property of Origin 21 and/or its software or content suppliers, and are protected by copyright, trademark and other laws.
Trademarks: “Origin 21®”, our logos, page headers, button icons, and any other trademarks, trade names, trade dress, and other branding used for our Site or Services are either common law or registered marks of Origin 21® or its affiliates. You may not copy, imitate, modify, or use them without our prior written consent.
Copyrights: Except where expressly stated, works of authorship contained on our Site or Service, including design, text, graphics, interfaces, and software code, are the copyrighted works of Origin 21®.
Software Code License: Any software code that Origin 21® creates to generate our Site and provide Services is our copyrighted work. You may not copy, modify, distribute, sell, lease, rent, sublicense, reverse engineer, or create derivative works from that software in any way.
Purchases, Returns & Warranties
Online Store: Purchases made through our online store are transactions directly between you and Origin 21®. All descriptions, images, pricing, availability, and specifications of products are subject to change at any time without notice. Additional terms and conditions may apply to purchases and will be posted on the relevant pages describing the products in more detail.
Returns: Unless otherwise provided by law or specified for a product, all sales are final and no refunds or exchanges will be permitted. Please review our return policy posted on our Site prior to making any purchase for any specific return terms that may apply. We reserve the right to reject returns not meeting required return conditions.
Risk of Loss: All purchases are made pursuant to a shipment contract. Title and risk of loss pass to you upon our transfer of the goods to the carrier.
Manufacturer Warranties May Apply: Some products may have an applicable manufacturer’s warranty. To the extent required by law, those warranty terms will be provided at the time of purchase. Third-party warranties are not from Origin 21®. We have no responsibility for products not purchased directly from us.
No Other Warranties: Other than any warranties that may apply to specific products as described above, we make no other warranty of any kind about our Site, Services, or any content, products, or other goods offered on or through our Site or Services. We disclaim any implied warranties including merchantability, fitness for a particular purpose, or non-infringement.
Availability: We cannot guarantee that any products, services, or content will continue to be available. We reserve the right to change or discontinue any offering without notice. We will not be liable to you for any interruption, modification, suspension or discontinuance of our Site or Services.
Disclaimer of Certain Liabilities
Limitation of Liability: In no event will Origin 21®, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, special, punitive, incidental, exemplary, consequential, or other damages arising out of or in any way related to your access or use of, or your inability to access or use the Site or Services. This includes damages arising out of or relating to:
- Your use of or reliance on the Site or Services
- Delays or disruptions in the Site or Services
- Viruses or other malicious software obtained by accessing the Site or Services
- Glitches, bugs, errors, or inaccuracies of any content or functionality
- Damage to any equipment from accessing our Site or Services
- The content, actions, or inactions of third parties
- A suspension or other action taken with respect to your account
This limitation applies regardless of whether the liability is based on breach of contract, tort, strict liability or any other legal theory, and whether or not Origin 21® was advised of the possibility of damage.
Exclusions May Not Apply: Where applicable law may prohibit or limit the exclusion of certain warranties or liability, some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, liability is limited to the greatest extent permitted by law.
Indemnification
Your Indemnity Obligation: You agree to defend, hold harmless and indemnify Origin 21®, its subsidiaries and affiliates, and their respective members, managers, directors, officers, agents, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) your access to or use of the Services or Site; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any third-party right, including intellectual property rights.
Defense of Claims: We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any claim. We will use reasonable efforts to notify you of any claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
General Provisions
Electronic Communications: When you use our Site or send communications to us electronically, you are communicating with us electronically. We will communicate with you via electronic means, including communicating via email and text message.
International Use: Our products and services may be accessed or used by people around the world. You agree to comply with applicable laws associated with your use in your local jurisdiction.
Changes to These Terms: We may revise these Terms at any time by updating this page. Your use of our Site or Services after changes have been made will constitute your binding acceptance of those changes. Material changes will be effective upon the earlier of (i) your continued use of our Site or Services with actual knowledge of the change, or (ii) 30 days from publishing the revised Terms unless otherwise specified. Immaterial changes become effective upon publication.
Severability & Survival: If any provision of these Terms is found unenforceable, only that provision will be modified to make it enforceable to the maximum extent permissible under law, and the remaining provisions will remain in effect. The current version of these Terms supersedes all prior agreements between you and Origin 21® regarding our Site and Services. The sections regarding ownership, disclaimers of warranties, limitations of liability, waivers, and legal compliance will survive the termination of these Terms.
No Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Any waiver of a term must be made in writing and signed by us.
Assignment: You may not assign, transfer or sublicense these Terms or any rights or obligations herein without our written consent. Origin 21® may freely assign these Terms.
No Third Party Beneficiaries: These Terms do not confer any third-party beneficiary rights or remedies.
Choice of Law & Jurisdiction: These Terms are governed by United States and Minnesota law. For any disputes, you agree to submit to the personal jurisdiction of the state or federal courts located in Hennepin County, Minnesota.
Limitations for EU & UK Users
The following additional terms apply to users located in the European Union or United Kingdom:
Non-EU/UK Users: Our Site and Services are directed towards users in the United States. If you use our Site or Services from the EU, UK, or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By using our Site or Services, you consent to such transfer.
Arbitration Opt-Out: The arbitration provisions above requiring you to arbitrate disputes with Origin 21® and waiving your right to a jury trial do not apply if you reside in the EU or UK.
Consumer Rights: If European Union consumer rights laws or regulations require a greater consumer notice or choice, those rights prevail over anything contradictory in these Terms. We provide the information required by Art. 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB (Germany).
UK Users: If you are a consumer located in the United Kingdom, you have certain rights under its law. Those rights include that these Terms will not affect your legal rights and remedies under mandatory consumer laws of your jurisdiction. If any contract terms are invalid or unenforceable under UK laws, it shall not affect the validity and enforceability of the remainder of these Terms.
