Terms & Conditions

Terms of Use

This website (the "Website") is operated by Onward Brands LLC ("Onward Brands") and is governed by the following terms of use ("Terms"). Please carefully review these Terms. Using and/or visiting the Website constitutes your acceptance of these Terms and your agreement to be bound by the same.

Disclaimer of Warranty

The Website and all materials on the Website are provided on an "As Is" basis without warranties of any kind, either express or implied. While we strive to keep the information accurate and up to date, Onward Brands makes no claims, promises or guarantees about the accuracy, reliability, completeness, or adequacy of the information provided. Onward Brands disclaims all liability for errors, inaccuracies or omissions that, from time to time, may be contained on the Website.

Limitation of Liability

To the full extent permitted by applicable law, Onward Brands,its affiliates and employees will not be liable for any loss or damage of any kind arising from or related, directly or indirectly, to the use of, or inability to use, either the Website or any information, content or other materials contained therein, including, but not limited to, general, indirect, special, incidental, consequential, exemplary or punitive damages, even if Onward Brands had been advised of, knew or should have known of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Onward Brands, its affiliates and employees shall be limited to the amount paid by you to Onward Brands, if any, for accessing the Website. At no time and in no event shall Onward Brands or its employees' total liability to you for all damages in any one or more causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to Onward Brands,if any, for accessing the Website.

Intellectual Property

Unless otherwise noted, the Website and all materials contained on the Website including product names, details, descriptions, photographs and illustrations (the "Contents") are the sole property of Onward Brands and/or its licensors. The Contents are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws and may not be reproduced, republished, transmitted, distributed or used on any other website without Onward's prior written consent.

No Illegal or Improper Use

You may not use the Website or any Contents for any illegal or improper purpose. You agree to indemnify and hold harmless Onward Brands,its affiliates and employees for any investigation, defense, settlement or legal proceeding arising out of or relating to your illegal or improper use of the Website and/or the Contents.

Privacy Policy

Onward Brands respects your privacy and has developed a Privacy Policy to inform you about our privacy practices. Onward Brands' Privacy Policy, available at http://www.incipio.com/privacy-policy, is incorporated herein by reference.

Third Party Content

The Website may contain links to third-party websites that are not owned or controlled by Onward Brands. Onward Brands has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. By using the Website, you expressly release Onward Brands from any and all liability arising from your use of any third-party website.

In addition, the Website may contain third-party material, including, but not limited to, product reviews and customer comments. Each third party is solely responsible for the material that they post on the Website. When reviewing third-party material included on the Website, please be aware that such material is solely the opinion of the third party and that the third party may or may not be an independent, unbiased individual qualified to provide such material. Onward Brands takes no responsibility, and assumes no liability, for any third-party material posted on the Website.

Colors

We have made every effort to display the colors of our products as accurately as possible on this Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

Purchases

Onward Brands reserves the right to cancel or refuse to fulfill any order at anytime. If we cancel or refuse to fulfill an order, we will issue you a refund and attempt to contact you at the contact information provided to Onward Brands at the time the order was placed.

Choice of Law/Venue

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located within the County of Orange, State of California.

Severability of Provisions

If any provision of these Terms shall be deemed invalid, void or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

Modifications

Onward Brands reserves the right to modify the Website or these Terms at any time without notice. Any such changes will be effective immediately. It is your responsibility to regularly review these Terms to inform yourself of any changes. Your continued use of the Website after any changes to these Terms constitutes your consent to the changes.

 

Mobile Terms of Service

The Incipio mobile message service (the "Service") is operated by Incipio (“Incipio”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Incipio’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Incipio through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Incipio. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18445091076 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Incipio mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18445091076 or email support@incipio.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.