OneTraction is owned and operated by Twingco Inc. Its affiliate web sites and brand names including https://onetraction.com/Exchange as our Global ecosystem (We, Our, or Us), provide this web site and its content (the Site) subject to the following terms and conditions (the Terms), which may change periodically. By accessing and using this Site including all offline, online and phone delivered services, you (the User, Company, Guest or Visitor) agree to these Terms. These Terms are governed by the laws of the United States of America and the State of Delaware without reference to the principle of conflict of laws thereof. Site use: you may not modify, reproduce, transmit, distribute, link to, disclose or post, any portion or all, of the Site contents without our prior written consent provided that you do not modify the Site Content in any shape or form and you retain all copyright and proprietary disclosures with notices displayed on the Site Content. We therefore hereby grant you a non-exclusive, non-transferable license for the term hereof to use, access, print or download, when authorized, one copy of the content displayed on the Site on any single computer solely for your personal use individually or commercially within your employment role.
You understand that you shall not upload, submit, send, post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain solicitation; or (f) constitute or contain false or misleading statements. You agree and acknowledge that, we have an unrestricted right to use, or otherwise exploit any or all information that you upload, submit, send, post or otherwise publish on the Site, such as media contents, text, and all other related services data, postings, survey responses, and any other type of information. If you order our services at offline events venues, by phone or Online via third party partners site, like Eventbrite, angel, f6s, purchase order, accelerator program or other partner channels, you shall be deemed legally bound by this Agreement immediately after your initial contact or application submission to us regardless weather you used or not our services. If you order the Services online, by phone, by email, or in-person you shall be deemed legally bound by this Agreement immediately upon placing that order regardless from where it was initiated in the world. Additionally, it is your responsibility to make sure that OneTraction has your current and active e-mail address. By using the OneTraction sites, mobile application, and any other site or services, you agree to be bound by these Terms of Use and our privacy policy (this Agreement), whether or not you register as a customer (customer). OneTraction may modify this Agreement from time to time and such modification shall be effective upon posting by OneTraction on this Site. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes OneTraction terms for acceptable use and content submitted to us or posted on the Site, your rights, obligations and restrictions regarding your use of the Site and OneTraction Services.
Customer Definition: All
our services offered online, by phone or offline across the globe are intended
for our members only which can be a Business entities or organization for
commercial use only which include (Startup, Corporate, Service Partner, Advisor,
Venture Capital and Accredited Investors) along partners and services
providers. None of our services are offered to the public, consumers or minors
under the age of 18 years old and therefore forbidden to individual consumers
and non-accredited investors. New members must sign up using their full legal
name, business email, phone and address. All ecosystem users who attended our
events, gained advices or used our offline or online services are deemed
business customers. Our Ecosystem comprise our websites users including social
media, mobile apps, LaunchPad and events. Finder's
fee gained from investor introduction are strictly prohibited and member who
initiate them will be banned and reported to SEC, including broker dealer
licensed members, we strictly enforce a non-finder's fee ecosystem.
Customer Payment: all our services are
provided against payment in USD, and none of our services are free. Deferred
and contingent payments are extended to our customers in addition to membership
fees.
Customer shall pay OneTraction for all
Services ordered and/or received at the communicated prices or detailed in our
program or services overview, subject to change in accordance with this
Agreement. If Customer requires additional Services, additional fees will apply
based on OneTraction rates, also subject to change in accordance with this
Agreement. Unless otherwise stated, all fees are quoted in U.S. Dollars and
exclude all applicable sales, use, and other taxes and government charges,
whether federal, state or foreign, and you are responsible for payment of all
such taxes (other than taxes based on OneTraction generated income), fees,
duties, and charges, and any related penalties and interest, arising from the
payment of any and all fees under this Agreement.
You agree that by clicking Sign up, Join LaunchPad, Log In
or similar, registering, accessing or using our services (LaunchPad), you are
agreeing to enter into a legally binding contract with OneTraction (even if you
are using our Services on behalf of a company). If you do not agree to this
contract (Contract or User Agreement), do not click Sign up (or similar) and do
not access or otherwise use any of our Services. If you wish to terminate this
contract, at any time you can do so by closing your account and no longer
accessing or simply stop using our Services.Unless otherwise stipulated during the Ordering
Process, payment for Services will be made via a charge to the Customer credit
card, charge card, check, PayPal or bank account wire (the Account) upon ordering
of the Services. by submitting an order for processing, Customer authorizes
OneTraction to charge the order to the Account or to otherwise immediately bill
Customer for the Services. Customer acknowledges and agrees that all recurring
fees referenced or otherwise related to the Services are to be billed and
prepaid prior to our services. Customer is obligated to pay for the full
amount of services received, even if such full amount is scheduled to be paid
upon receipt of our invoice. If Customer elects to pay for the Services upon
receipt of invoice, payment must be received on or before the applicable due
date.
Without limiting any of OneTraction rights hereunder, should any fee payment become delinquent, OneTraction may suspend or cancel the Services; however charges will continue to accrue in accordance with the Term of this Agreement and price of Services. OneTraction may bill an additional charge to reinstate a suspended Customer account. Client acknowledges and agrees that OneTraction is not responsible whatsoever for any effect the suspension of Services might have on the Services or the results or effectiveness thereof. If OneTraction provides any Service discount to Customer and Customer defaults on its payments or obligations as outlined herein, OneTraction may rescind all discounts and require full payment for the Services. OneTraction reserves the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default. Additional payment terms specific to LaunchPad members are shared with new members upon sign up, by visiting the terms page.
On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at OneTraction request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $15.00 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (i) late payment, (ii) payment with insufficient funds, (iii) denied or invalid credit card number, or (iv) the restarting of Services terminated for nonpayment.
CUSTOMERS (Include events business users with full discounts and accepted members into our program), UNDERSTANDS AND AGREES THAT ALL OneTraction FEES AND CHARGES ARE NONREFUNDABLE AND THAT OneTraction MAY CHANGE ANY FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER VIA OUR WEBSITE OR EMAIL. THE DELIVERY OF OUR SERVICES, INCLUDING ADVISORY INSIGHTS SHARING IS VIA ONLINE PLATFORM, EMAIL, PHONE CALL OR ONSITE MEETING, CUSTOMER AGREE THAT BY ATTENDING OUR INITIAL COMMUNICATION IS A CONFIRMATION OF RECEIPT OF SERVICE TO WHATEVER PROGRAM THEY SUBSCRIBED AND WAIVE THEIR RIGHT FOR PARTIAL REFUND IF THEY DECIDE NOT TO PURSUE THE PROGRAM AT ANY TIME DURING THE DURATION OF THE PROGRAM. OneTraction RESERVE THE RIGHT TO REMOVE FROM ANY PROGRAM AND WITHOUT ANY REFUND, ANYONE WHO FAIL TO FOLLOW OUR GUIDLINE, INCLUDING BUT NOT LIMITED TO NO-SHOW FOR THE SCHUDULED COOMUNICATION, UNPROPER BEHAVOR AT OUR PARTNERS OFFICE SPACE OR PARTNER HOUSING, ALONG ANY ACT OF DISPARAGEMNT AGAINST OneTraction, ITS TEAM, ADVISORS, MENTORS, CLIENTS, INVESTORS OR ANY THRID PARTY AFFILIATES.
If Client pays for the Services by PayPal, Bank wire, credit card or charge card, check, or any other online payment service, Client permanently and irrevocably waives any and all right to enact a ‘chargeback' (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against OneTraction. Any fee that result from the charge back would be billed to the customer along all related legal fee when application, and if not paid within 10 days would be send to third party collection service without further notice.
Please choose carefully the information you post on OneTraction and which you provide to other Members. Any posting, content, or photographs, videos posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other OneTraction Members via our platform (for instance, in their profile) may not contain inaccurate, inappropriate or offensive material, products or services and OneTraction assumes no responsibility, nor liability for this material. OneTraction reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability or refund of the paid subscription. By participating in OneTraction event, you agree to release and hold OneTraction harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline OneTraction events.
Customer shall be responsible for the following (whereby failure to adhere to these responsibilities shall constitute a material breach of this Agreement): providing current and updated Customer information (including Customer's name, business name, corporate structure and state, address, email address, postal address, and phone, etc.) for OneTraction use in contacting Customer regarding the Services and otherwise as necessary in regards to the Services and checking those points of contact throughout the Term of this Agreement for notices and/or updates from OneTraction; providing OneTraction within 72 hours of placing your labs development order with all necessary information and contents, including data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials (Content) to be used in connection with a Customer beta or MVP (Concept) or otherwise for use in conjunction with the Services, other than the website pre-designed template which OneTraction expressly agrees to supply; acquiring any authorizations necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties; contacting OneTraction for all changes no later than 72h from the date of been notified that your test MVP is live , to place modifications, and enhancements to the MVP and/or Services starting from the date of sale and otherwise remaining engaged in the related processes until completion of your site; providing OneTraction with unrestricted access to the your hosting account and/or related accounts as needed for OneTraction to provide the Services hereunder; granting to OneTraction and its subcontractors the necessary rights and licenses with respect to access and test the MVP, the Content and materials related thereto in order to carry out obligations under this Agreement; allowing OneTraction to make a reasonable number of archival or back-up copies of the MVP as deemed necessary by OneTraction in providing the Services, and agree to receive your completed MVP by email or shared cloud in a standard .zip file; ensuring that Customer maintains a current and complete backup of their Content at all times; obtaining Internet connectivity to access the MVP, to send and receive e-mail, and to otherwise access and utilize the Internet; reviewing and adhering to any end-user facing policies and/or terms provided by OneTraction for use on a Customer website (i.e. a Customer privacy policy), and further revising any such policy to accurately reflect Customer’s business practices; and
Depending on the Services you elect to receive, you may also be responsible for establishing and maintaining a commercial relationship with a domain registrar, cloud hosting company and financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between you and that entity and such terms may be more restrictive or place limits on your use of the Services and as such you should contact those entities for more information regarding such terms where applicable. Customer agree that in the case where no further communication or content is received by OneTracton within 10 business days from the order payment date, we consider that customer abandoned their project and our work would be considered complete, and non-refund is allowed under any circumstance.
Customer hereby represents and warrants as follows: Customer can form legally binding contracts under applicable law; Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user; to Customer's knowledge, there is no action, proceeding, or investigation pending or threatened with, directly or indirectly, the validity or enforceability of this Agreement; entering into this Agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Customer is a party; Customer has taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services; to the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and are empowered to bind Customer to this Agreement; Customer shall ensure the accuracy of materials provided to OneTraction, including, without limitation, Content, descriptive claims, warranties, guarantees, nature of business, and contact information for Customer; Customer shall acquire any authorizations necessary for hypertext links to third party websites used on the Website or otherwise in conjunction with the Services; to the extent Customer gathers any personal information about visitors to the Website, Customer shall not share that personal information with any third party without first obtaining a visitor's consent; Customer will not provide Content or other materials, or use the Services in any manner that infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right, and will further not use the Services as a mechanism designed to facilitate such infringement; and Customer's Content, other materials provided in conjunction with the Services, and use of the Services shall in all respects conform to all applicable federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders (including those governing the export of technical information).
Customer further represents and warrants that they will not provide or use any Content or other materials or use the Services or the Website in a manner deemed to be any of the following: encouraging illegal or criminal conduct; promoting, facilitating or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities; promoting or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; pornographic or obscene in any manner whatsoever; violent or encouraging violence; disparaging, defamatory, libelous, or results in an invasion of privacy; containing any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information; intentionally holding OneTraction or their employees, directors or stockholders up to public scorn, ridicule, or defamation; or stating or implying that the Website is placed by OneTraction or any party with a contractual relationship with OneTraction, or that such parties endorse Customer's products or services.
Unless otherwise expressly stated herein, you will be solely responsible for the development, maintenance and operation of the your MVP (minimum viable product), including accepting, processing and filing customer orders generated through the Website or email, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through the Website. You agree that OneTraction has no obligation to back-up any data related to the Website's operations and you should independently take appropriate steps to maintain such data in accordance with your needs and requirements. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the Content on the Website, regardless of whether OneTraction provides any design or customization Services to you under this Agreement, including all descriptions of the products and services you offer to customers of your Website and user-generated content on and related to your Website. When acting as a conduit, OneTraction will give you discretion over your Content provided it is compatible and interoperable with any Services or OneTraction software provided under this Agreement (Software). You retain all rights, title and interest in and to all intellectual property rights embodied in the Content, exclusive of any Content provided by OneTraction. Customer further knowledge and agree that all additional advisory services provided by OneTraction does not include any guarantee to their outcome and are simply based on best practices gaps assessment and remediation, which rely on the customer to complete their implementation and full execution.
You acknowledge that, when providing you with the ability to publish and distribute your own- or third-party products, services or Content on the Website, OneTraction and its Software are acting only as passive conduits for the publishing and/or distribution of such products, services or Content. OneTraction has no obligation to you or any third party, and undertakes no responsibility, to review the Website, the products or services listed therein or any other Content, including but not limited to user-generated Content, published and/or distributed on the Website to determine whether any such product, service or content may incur liability to third parties. Except as otherwise stated in the Agreement, Customer is to be considered the owner of all Customer Content, including content that we help copywrite or post online on your behalf. During the period that OneTraction provides Services to you pursuant to this Agreement, you hereby grant to OneTraction and its subcontractors a limited, non-exclusive, royalty-free, worldwide license to copy, reproduce, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit the Website and the social page content solely for the purpose of rendering the Services hereunder. You also acknowledge and agree that OneTraction reserves the right to use your domain name and Website screen shots in OneTraction portfolio and/or other advertising and promotional materials as provided for above, additionally you agree not to remove design by OneTraction credit, listed on your website footer.
In the event that Customer posts Content or allows its users to upload Content onto a Website, Customer agrees to designate a copyright agent under the Digital Millennium Copyright Act (DMCA) (see 17 U.S.C 512(c)(3) for further detail). In the event that a copyright holder contacts OneTraction copyright agent under the DMCA, Customer acknowledges and agrees that OneTraction may take all necessary action as required under the DMCA in its sole discretion, including removing Content from Customer's website. Except as expressly allowed under this Agreement, you will not, either directly or through a third party, transfer your interest in and to the Website to any third party without the express written consent of OneTraction and third-party owners.
Provided Customer is not in breach of this Agreement or any of the representations and warranties contained herein, and provided Customer pays the applicable fees, Customer may do the following subject to the restrictions set forth in this Section (upon termination of the Services or this Agreement all Customer rights and licenses in and to the Images shall immediately terminate): incorporate the Images into your own original work and publish, display and distribute your work on the Website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or webpage. For example, the Images may be used as part of a webpage design but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, Customer may be provided with copies of the Images (including digital files) as part of work product, but Customer is not permitted to use the Images separately or as part of any other product; back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information; and in the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed.
Customer may not: create scandalous,
obscene, defamatory or immoral works using the Images, nor use the Images for
any other purpose which is prohibited by law; use the Images or any part of it
as part of a trademark, service mark, or logo. OneTraction and those third
parties from whom they have licensed images retain the full rights to the
Images, and therefore Customer cannot establish their own rights over any part
of the Images; remove any copyright or trademark from any place where it
appears on the Images or its accompanying materials; rent, lease, sublicense or
lend the Images, or a copy thereof, to another person or legal entity without
the express written consent of OneTraction; transfer the rights to the Images
or website design, accompanying materials or storage media for the Images or
the website, except as specifically provided for in this Agreement. All other
rights are reserved by OneTraction and those third parties from whom
OneTraction has licensed images; reverse engineer, decompile, or disassemble
any part of the Images or website, accompanying materials or storage media for
the Images or website, subject to applicable law; copy or reproduce the Images
or website, accompanying materials or storage media for the Images or website;
re-sell, distribute or sub-license the Images or the website, storage media for
the Images or website, or the rights to use the Images or website to anyone for
any purpose, except as specifically provided for in this Agreement; or use the
Images or the website in any way that could be considered defamatory, libelous,
pornographic, immoral, obscene or fraudulent, either by making physical changes
to it, or in the juxtaposition to accompanying text. Customer agrees not to use
Images or the website as part of any use involving sensitive subject matter, as
determined by OneTraction in its sole discretion, including but not limited to
the following sensitive subjects: all sexual issues, sexually transmitted
diseases, substance abuse, alcohol, tobacco, cancer, mental ailments,
alternative lifestyles issues, and physical or mental abuse, without advance
written consent from OneTraction and any model in such Image. Sensitive subject
usage pertains to both commercial and editorial uses.
Non-Disparagement: Users, Customers,
Advisors, Mentors, Employees, Investors, Partners and Vendors shall not at any
time make any statement to the public or third party, written or oral, that
disparages any of the COMPANY or COMPANY’s affiliates, Board Members,
Management, or agents, or is likely to be harmful to the goodwill, reputation,
or business standing of any of the COMPANY or COMPANY’s affiliates, Management,
or agents, provided that he/she may respond accurately and fully to any
question, inquiry or request for information when required by legal process.
Additionally, users, customers, Advisors, Mentors, Employees, partners and
vendors should not use the COMPANY name or its officers’, MANAGING PARTNERs’,
employees’ and vendors’ names for any advertising, blogging, social networking
or news release without written approval from the COMPANY CEO.
Proprietary Rights: OneTraction owns and retains all proprietary rights in all its Sites, mobile application, and the proprietary methodology of our professional advisory service. The Sites contains copyrighted material, trademarks, and other proprietary information of OneTraction and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Copyrights: All Content or functionality made available on this Site, including selection and arrangement thereof, are the exclusive property of OneTraction and its respective owners or licensors, and is protected by U.S. and international copyright laws.
Infringement Notice: We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OneTraction to terminate user privileges of any person who repeatedly infringes copyright upon prompt notification to OneTraction by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact us by giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with Digital Millennium Copyright Act (DMCA) Policy and 17 U.S.C. §512(c) (3)). U.S. law provides significant penalties for submitting such a statement falsely including damages costs and attorney’s fees. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact, for submission of notices under this section only, are either you can use contact us form from within our site, or mail us at: 1521 Concord Pike Suite 303, Wilmington. DE 19803
Trademarks: You agree that you will not use or refer to any information on this Site in any public communication medium; for promotion, advertising, informing or influencing any third party and that you will not imply any endorsement by or relationship with OneTraction. Company nor reproduce any trademark, logo, design, service marks, or other trademarks displayed on this Site. All Content on this Site is the registered and unregistered trademarks of OneTraction and its respective owners or licensors.
Disclaimers: You hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such submissions. We do not and cannot review all information posted to the Site by users and we are not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason, and without prior notice. Some of our partners and advertisers provide throughout our sites various links or sponsored contents, including the ability to automatically affiliate their commercial links in search results. We want you to know that sometimes we get paid if you click one of those links and purchase a product or service. Regardless of this potential revenue, unless stated otherwise, we only recommend products or services relevant to our users. This disclosure is provided in accordance with the Federal Trade Commission's 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
OneTraction is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service provided, whether caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Service. OneTraction is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. OneTraction assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or communication. OneTraction is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any web site or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances shall OneTraction be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Service or from any Content posted on the Site or transmitted to customers, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided as is and OneTraction expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OneTraction cannot guarantee online up time of the Site or any section of it, and does not promise any specific results from use of the Site and/or the Service. OneTraction is not responsible nor guarantee delivery or quality of the service ordered through us from third party providers, which include law firm, technology development firm, marketing agency, office space and housing provider, etc. and our role is simply to conduct a referral and coordinate the payment, but exclude the execution and receipt of the service or product ordered, in case there is an issue CLIENT agree to solve them directly with the provider and exclude OneTraction from any claim and litigation that may arise from having their relation with the respective provider.
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. WE AND OUR THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. NEITHER WE NOR OUR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT HEREIN ENGAGED IN RENDERING ANY ADVICE OR SELLING PRODUCTS TO YOU.
LIMITATION OF LIABILITY: IN NO EVENT SHALL OneTraction BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF OneTraction HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OneTraction LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID TO COVER THE FRACTION OF LOST SERVICE, IF ANY, BY YOU TO OneTraction FOR THE SERVICE DURING THE TERM OF THE SERVICE.
Indemnity: You agree to indemnify and hold OneTraction. Company and OneTraction, its subsidiaries, affiliates, officers, directors, board members, agents, vendors, consultants, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Equal Opportunity Employer: We are an equal opportunity employer. Hiring, promotion, transfer, compensation, benefits, discipline, termination and all other employment decisions, are made without regard to race, color, religion, sex, sexual orientation, gender identity, age, disability, national origin, citizenship or immigration status, veteran status or any other protected status. We will not require in any employment posting, or otherwise, U.S. citizenship or lawful permanent residency in the U.S. as a condition of employment except as necessary to comply with law, regulation, executive order, or federal, state or local government contract. Privacy Policy: Please consult our Privacy Policy Page.
Press Coverage Agreement: you agree by using our services or working with us or any of our portfolio startups in any capacity that support our services (Startup Applicants, Members, Mentors, Investors, Partners, Events Guest and Speakers, Venue Hosts, Sponsors, service providers, etc), that you consent to be featured in our websites, future events, social pages and media coverages without any additional consent and forever, even when requested in writing to terminate our relationship we still hold a right to feature you based on past relationship.
Disputes: If there is any
dispute about or involving the Site and/or the Service, by using the Site, you
agree that any dispute shall be governed by the laws of the State of Delaware,
without regard to conflict of law provisions and you agree to personal
jurisdiction by and venue in the area in which we are based in the State of
Delaware. It is the intent of the parties hereto that all questions with
respect to the construction of this Agreement and the rights, duties,
obligations and liabilities of the parties shall be determined in accordance
with the applicable provisions of the laws of the State of Delaware. You agree
to resolve all disputes by binding arbitration before the American Arbitration
Association or Delaware State Bar Arbitration Program. Other: This
Agreement is accepted upon your use of the Site and is further affirmed by you
becoming a user of the Service. This Agreement with the privacy policy
constitutes the entire agreement between you and OneTraction regarding the use
of the Site and/or the Service. The failure of OneTraction to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Please contact
us with any questions regarding this Agreement at the address listed above.
(b) You agree to provide OneTraction with accurate and
truthful registration information, including, but not limited to, your name,
address, telephone number, and email address to keep Your registration
information current during the Service Period as defined above.
You will be responsible for maintaining and protecting the
confidentiality of all OneTraction Account information provided by You and will
be fully responsible for all activities that occur under such OneTraction
Accounts, (except for any activities carried out by or expressly authorized by
OneTraction).
You shall be solely responsible for Your conduct related to
the Service. You specifically agree that
You shall abide by and cooperate with OneTraction to enforce and/or prevent
potential violations of the Digital Millennium Copyright Act and any other
similar legislation to which You are subject, such as in the European Union the
national implementations of Directive 2001/29/EC of the European Parliament and
of the Council of 22 May 2001 on the harmonization of certain aspects of
copyright and related rights in the information society. In the United Kingdom these are contained in
the Copyright, Designs and Patents Act 1988.
U.S. Government Restricted Rights. For United States
Government procurements, the Software is deemed to be commercial computer
software as defined in FAR 12.212 and subject to restricted rights as defined
in FAR Section 52.227-19 Commercial Computer Software - Restricted Rights and
DFARS 227.7202, Rights in Commercial Computer Software or Commercial Computer
Software Documentation, as applicable, and any successor regulations. Any use,
modification, reproduction release, performance, display or disclosure of the
Software by the U.S. Government shall be solely in accordance with the terms of
this Agreement.
Export Regulation.
You acknowledge that the Software and related technical data and
services (collectively Controlled Technology) is subject to the import and
export laws of the United States, specifically the U.S. Export Administration
Regulations (EAR), and the laws of any country where Controlled Technology is
imported or re-exported. You agree to
comply with all relevant laws and will not export any Controlled Technology in
contravention to U.S. law nor to any prohibited country, entity, or person for
which an export license or other governmental approval is required. All OneTraction product is prohibited for
export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any
country subject to relevant trade sanctions.
USE OR FACILITATION OF ONETRACTION PRODUCT IN CONNECTION WITH ANY
ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION,
TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR
MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF
MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
This Section applies to U.S. consumers only and is not
applicable to consumers in other countries.
OneTraction believes that most disagreements can be
resolved informally and efficiently by contacting OneTraction customer
support. If You are a U.S. customer, and
the dispute is not resolved through OneTraction customer support, You and
OneTraction agree that any such dispute, claim or controversy arising out of or
relating in any way to the Software and Services or this License Agreement (a
Claim), shall be determined by binding arbitration or small claims court,
instead of in courts of general jurisdiction, as follows:
Arbitration:
Arbitration is more informal than a lawsuit in court. Arbitration
uses a neutral arbitrator instead of a judge or jury, allows for more limited
discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. You agree that, by agreeing to this
License Agreement, the U.S. Federal Arbitration Act governs the interpretation
and enforcement of this arbitration provision, and that You and OneTraction are
each waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of this
License Agreement and/or the termination of Your OneTraction product license.
Arbitration Proceedings:
If You and OneTraction do not reach an agreement to resolve the claim
within thirty (30) days after the Notice of Claim is received, You or
OneTraction may commence an arbitration proceeding (or, alternatively, file a
claim in small claims court). You may download or copy a form of notice
and a form to initiate arbitration at www.adr.org.
The arbitration will be governed by the Consumer or Commercial Arbitration
Rules, as appropriate, of the American Arbitration Association (AAA)
(collectively, the AAA Rules), as modified by this License Agreement, and will
be administered by the AAA. The AAA Rules and Forms are available online
at www.adr.org or by
calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms
of this License Agreement. All issues are for the arbitrator to decide,
including issues relating to the scope and enforceability of this arbitration
provision.
Arbitration Fees: Standard AAA Rules will govern the
payment of all AAA fees, including filing, administration and arbitrator
fees.
Class Action Waiver:
YOU AND ONETRACTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
if You have elected arbitration, unless both You and OneTraction agree
otherwise, the arbitrator may not consolidate more than one person's claims
with Your claims and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this Dispute Resolution section shall
be null and void.
OneTraction is
dedicated to providing a harassment-free and inclusive event experience for
everyone regardless of gender identity and expression, sexual orientation, disabilities,
neurodiversity, physical appearance, body size, ethnicity, nationality, race,
age, religion, or another protected category. We do not tolerate harassment of
event participants in any form. OneTraction takes violations of our policy
seriously and will respond appropriately.
All
participants of OneTraction events must abide by the following policy:
1.
Be
excellent to each other. We want the event to be an excellent experience for
everyone regardless of gender identity and expression, sexual orientation,
disabilities, neurodiversity, physical appearance, body size, ethnicity,
nationality, race, age, religion, or another protected category. Treat everyone
with respect. Participate while acknowledging that everyone deserves to be here
-- and each of us has the right to enjoy our experience without fear of
harassment, discrimination, or condescension, whether blatant or via
micro-aggressions. Jokes shouldn’t demean others. Consider what you are saying
and how it would feel if it were said to or about you.
2.
Speak
up if you see or hear something. Harassment is not tolerated, and you are
empowered to politely engage when you or others are disrespected. The person
making you feel uncomfortable may not be aware of what they are doing, and
politely bringing their behavior to their attention is encouraged. If a
participant engages in harassing or uncomfortable behavior, the event
organizers may take any action they deem appropriate, including warning or
expelling the offender from the event with no refund. If you are being harassed
or feel uncomfortable, notice that someone else is being harassed, or have any
other concerns, please contact a member of the event staff immediately.
3.
Harassment
is not tolerated. Harassment includes, but is not limited to: verbal language
that reinforces social structures of domination related to gender identity and
expression, sexual orientation, disabilities, neurodiversity, physical
appearance, body size, ethnicity, nationality, race, age, religion, or other
protected category; sexual imagery in public spaces; deliberate intimidation;
stalking; following; harassing photography or recording; sustained disruption
of talks or other events; offensive verbal language; inappropriate physical
contact; and unwelcome sexual attention. Participants asked to stop any
harassing behavior are expected to comply immediately.
4.
Practice
saying Yes and to each other. It’s a theatre improv technique to build on each
other’s ideas. We all benefit when we create together.
This policy
extends to talks, forums, workshops, code labs, social media, parties, hallway
conversations, all attendees, partners, sponsors, volunteers, event staff, etc.
You catch our drift. OneTraction reserves the right to refuse admittance to, or
remove any person from, any OneTraction hosted event (including future
OneTraction events) at any time in its sole discretion. This includes, but is
not limited to, attendees behaving in a disorderly manner or failing to comply
with this policy, and the terms and conditions herein. If a participant engages
in harassing or uncomfortable behavior, the event organizers may take any
action they deem appropriate, including warning or expelling the offender from
the event with no refund.
Our event staff
can usually be identified by special badges/attire. Our zero-tolerance policy
means that we will look into and review every allegation of violation of our
Event Community Guidelines and Anti-Harassment Policy and respond
appropriately. Please note, while we take all concerns raised seriously, we
will use our discretion as to determining when and how to follow up on reported
incidents and may decline to take any further action and/or may direct the
participant to other resources for resolution.
Event staff
will be happy to help participants contact hotel/venue security or local law
enforcement, provide escorts, or otherwise assist those experiencing discomfort
or harassment to feel safe for the duration of the event. We value your
attendance.
Exhibiting
partners, sponsors or vendor booths, or similar activities are also subject to
this policy. In particular, exhibitors should not use sexualized images,
activities, or other material. Booth staff (including volunteers) should not
use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment.
Participants and exhibiting partners or sponsors disobeying this policy will be
notified and are expected to stop any offending behavior immediately.
Harassment at
events and in online communities is unfortunately common. Creating an official
policy aims to improve this by making it clear that harassment of anyone for
any reason is not acceptable within our events and communities. This policy may
prevent harassment by clearly defining expectations for behavior, aims to
provide reassurance, and encourages people who have had bad experiences at
other events to participate in this one.
This policy is
licensed under the Creative
Commons Zero license.
This policy is
based on and influenced by several other community policies including: Ohio LinuxFest Anti-Harassment policy, Con Anti-Harassment
Project, Geek Feminism Wiki (created by the Ada Initiative),
ConfCodeofConduct.com, JSconf, Rust, Diversity in
Python, and Write/Speak/Code.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.