Before You begin using any of the Sites, We urge You to carefully read this Agreement. The services and products offered through the Sites shall be provided subject to the terms of this Agreement. By accessing any of the Sites, You agree to be bound by the terms and conditions set forth below. If You do not agree to be bound by the terms and conditions of this Agreement, You may not use any of the Sites.
We may modify this Agreement at any time. All modifications will be posted on Our website at www.one-economy.com and each of the other Sites. We urge You to review the Agreement periodically as posted on the Sites to ensure You are aware of any updates and amendments to these terms and conditions. All modifications shall become effective as of the date they are posted to Our website and Your continued access or use of any of the Sites shall be deemed to be Your conclusive acceptance of the modified Agreement.
Right to Change or Terminate the Site
We reserve the right, at any time in Our sole discretion, to modify, suspend or discontinue any of the Sites or any service, content, merchandise, feature or product offered through any of the Sites, with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of any of the Sites, or any service, content, merchandise, feature or product offered through any of the Sites.
Unless otherwise noted, each Site, and all materials on each Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents“), are owned, controlled or licensed by One Economy.
The Sites and their Content are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for Your personal use only. No right, title or interest in any downloaded Content is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Community Guidelines & User Content
The Sites may contain comment sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas“) in which You may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content“). You are solely responsible for Your use of any Interactive Areas and You use them at Your own risk. By submitting User Content to an Interactive Area, You represent that You either own or otherwise control all of the rights to the applicable User Content that are necessary for You to post or upload such User Content to the Interactive Areas of the Sites.
If You submit any User Content or participate in an Interactive Area within or in connection with the Sites, You agree to abide by the following rules of conduct:
- You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
- You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any material that contains or advocates pornography or that is otherwise obscene or offensive to the online community;
- You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a crime;
- You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to upload, post or otherwise transmit, without One Economy’s express prior written approval, User Content which contains advertising or any solicitation with respect to products or services;
- You agree not to impersonate any person or entity, including, but not limited to, any One Economy employee, or falsely state or otherwise misrepresent Your affiliation with any person or entity;
- You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site’s users or posting private information about a third party;
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to interfere with or disrupt any of the Sites;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; and
- Any conduct that in Our sole discretion restricts or inhibits anyone else from using or enjoying any of the Sites or the services will not be permitted. We reserve the right in Our sole discretion to remove or edit User Content posted or uploaded by You and to terminate Your access to the Sites for any reason. We are not responsible for User Content submitted to the Sites by users of the Sites.
Monitoring. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Sites to determine compliance with this Agreement and any operating rules established by One Economy and to satisfy any law, regulation or authorized government request. Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Sites, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Sites at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content posted to the Sites at Your sole cost and expense.
Personal Information Submitted Through the Sites
One Economy respects the intellectual property of others. If You believe that Your work has been copied in any way that constitutes copyright infringement, please contact us through this web site or by emailing us at [email protected].
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. NEITHER ONE ECONOMY, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITES.
THE SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SITES MAY OFFER HEALTH, FITNESS, NUTRITIONAL, FINANCIAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL OR LEGAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE OR LAW. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL OR LEGAL ADVICE. ONE ECONOMY IS NOT RESPONSIBLE FOR ANY ACTION OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITES.
NEITHER ONE ECONOMY, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ONE ECONOMY ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ONE ECONOMY, ITS SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ONE ECONOMY, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF INFORMATION ON THE SITES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION ON THE SITES.
One Economy disclaims any and all liability of any kind for any unauthorized access to or use of Your personally identifiable information. By accessing the Sites, You acknowledge and agree to One Economy’s disclaimer of any such liability. If You do not agree, You should not access or use any of the Sites.
You agree to defend, indemnify and hold harmless One Economy, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of Your use of the Sites.
Links to Other Web Sites and Services
Our Sites may contain links to other websites that are not under Our control. We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for Your convenience and information.
This Agreement and Your relationship with One Economy will be governed by the laws of the State of New York without regard to its conflict of law provisions.
Last updated: May 16, 2011