Last Updated: 02/18/2022
1. USE OF THE SERVICES AND ONLY ONE PROPERTIES.
1.3 Third-Party Materials. As a part of Only One Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Only One to monitor such materials and that you access these materials at your own risk.
2. USE OF THE SERVICES AND ONLY ONE PROPERTIES.
2.1 Only One Properties. You agree that Only One and its suppliers own all rights, title and interest in Only One Properties (including but not limited to, titles, computer code, concepts, artwork, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Only One Properties.
2.2 Trademarks. Only One’s stylized name and all related graphics, logos, service marks and trade names used on or in connection with any Only One Properties or in connection with the Services are the trademarks of Only One and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Only One Properties are the property of their respective owners.
2.3 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Only One through Only One’s e-mail or its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Only One has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Only One a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Only One Properties and/or Only One’s business.
4. THIRD-PARTY SERVICES.
7. DISCLAIMER OF WARRANTIES AND CONDITIONS.
7.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF ONLY ONE PROPERTIES IS AT YOUR SOLE RISK, AND ONLY ONE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ONLY ONE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE.
7.2 ONLY ONE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ONLY ONE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ONLY ONE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ONLY ONE PROPERTIES WILL BE ACCURATE OR RELIABLE.
7.3 ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH ONLY ONE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS ONLY ONE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
7.4 THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Only One MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONLY ONE OR THROUGH ONLY ONE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.6 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ONLY ONE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ONLY ONE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8. LIMITATION OF LIABILITY.
8.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL ONLY ONE PARTIES BE LIABLE TO YOU FOR MORE THAN $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ONLY ONE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A ONLY ONE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A ONLY ONE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONLY ONE AND YOU.
9.2.2. Suspend or terminate your access to the Site or Services (pursuant to Section 10.3 below) and/or
9.2.3. Pursue any other action which Only One deems to be appropriate.
10 TERM AND TERMINATION.
11. INTERNATIONAL USERS. Only One Properties can be accessed from countries around the world and may contain references to Services and that are not available in your country. These references do not imply that Only One intends to announce such Services in your country. Only One makes no representations that Only One Properties are appropriate or available for use in other locations. Those who access or use Only One Properties from other countries do so at their own volition and are responsible for compliance with local law.
12. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Only One and limits the manner in which you can seek relief from us.
12.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must e-mail us requesting arbitration and describing your dispute or claim or request for relief to [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Only One will pay them for you. In addition, Only One will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 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 country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Only One. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
12.4. Waiver of Jury Trial. YOU AND ONLY ONE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Only One are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
12.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
12.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
12.7. Severability. Except as provided in subsection 12.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
12.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Only One.
12.9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Only One makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Only One at the following address: [email protected]
13. GENERAL PROVISIONS.
13.1. Electronic Communications. The communications between you and Only One may take place via electronic means, whether you visit Only One Properties or send Only One e-mails, or whether Only One posts notices on Only One Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Only One in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Only One provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.4. Force Majeure. Only One shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Only One Properties, please contact us at: [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
13.6. Limitation Period. YOU AND ONLY ONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR ONLY ONE PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.13. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.