PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING ONECA SERVICES.
ONECA (“we,” “us” or “ONECA”) provides the website known as ONECA.com and other information, including email newsletters, subject to your compliance with the terms and conditions set forth in this Agreement. Collectively, your use of the website and other information, including video updates and email newsletters, shall be referred to as the “Services”.
By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services.
- This Agreement is made between ONECA and you, the user and/or member of the Services (“you”). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or
- Change any fees or charges for use of the Services.
- Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
- Cancellation will take effect no later than 3 business days after we receive your notification.
- There are no refunds on subscriptions. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. ONECA may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Code of Conduct. While using the Services you agree not to:
Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Services; Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; “Frame”, “mirror” or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about Services visitors or members without their express consent; copy, download or rebroadcast any video files made available as part of the Services or Permit anyone else whose account or subscription was terminated to use any of the Services through your subscription, username or password.
While using the Services you agree to comply with all applicable laws, rules and regulations.
Submissions. Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Services and Tools. Your use of certain Services may be governed by additional rules, which are available on ONECA.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian copyright law. If you believe in good faith that materials hosted by ONECA infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Ownership and Restrictions on Use. © 2012 ONECA All Rights Reserved. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.
ONECA.com are trademarks and/or service mark of ONECA
All other trademarks, service marks, and logos used by ONECA are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Services is solely directed to individuals residing in Canada. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites. ONECA.com may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
TERMS OF USE BETWEEN USER AND ONECA
This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
To prevent interruption of ONECA service, we will automatically renew your subscription to ONECA at the end of the subscription term selected. Prior to the automatic renewal, you will be reminded of your subscription’s expiration, and you will have the opportunity to discontinue service if you so choose.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This website is for your personal use and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website without specific permission, in writing, from ONECA
LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONECA AND/OR ITS RESPECTIVE SUPPLIERS AND PARTIES INVOLVED MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. ONECA AND/OR ITS RESPECTIVE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ONECA AND/OR ITS RESPECTIVE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL ONECA AND/OR ITS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR NEWSLETTER WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ONECA OR ANY OF ITS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MODIFICATION OF THESE TERMS AND CONDITIONS
ONECA reserves the right to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
By using this site, visitors and members agree to indemnify ONECAand its newsletter, and all affiliates liability, real or imagined. ONECA’s proprietary content is solely designed as opinion of price action. There is no implied or direct “advise” for any individuals situation, as that would require specific knowledge and understanding of the individuals situation that we neither request. This agreement is governed by the laws of the Ontario, Canada.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue
in effect.
Privacy Policy
Respecting the privacy of the visitors using our Web sites is a major priority for ONECA The following statement will help you understand how ONECA collects, uses and safeguards the personal information you provide to us on our
Web site.
Please note that this policy applies only to ONECAand not to any other organizations’ Web sites to which we may link. Remember that when you use a link to go from ONECA.com to another Web site, ONECA’s policy is no longer in effect. Your browsing and interaction on any other Web site, is subject to that Web site’s own rules and policies. Please read those rules and policies before proceeding. ONECA does not make any representations about the practices and policies of any organization or Web site we may link to and disclaims any liability or responsibility for such other Web site’s content, rules, policies or otherwise.
Types of information we collect
The two types of information collected on ONECA.com are: (1) personal information you knowingly choose to disclose that is collected on an individual basis (voluntary registration) and (2) Web site use information collected on an aggregate basis as you and others browse our Web site.
Voluntary Registration
Visitors to ONECA.com may knowingly choose to register for a free e-mail newsletter. Visitors to ONECA.com may knowingly choose to register for the “ONECA.” Visitors interested in free e-email newsletter trial will be asked to voluntarily provide their name, e-mail address, telephone number, work address and other pertinent information. Visitors may also indicate topics of interest, which will assist us in tailoring our content to your needs.
You may have your name removed from our e-mailing list at any time, by sending an e-mail to oneca@oneca.com with your name, e-mail address, and the words UNSUBSCRIBE in the ‘subject’ field.
Cookies
To enable us to offer you the best possible experience when you visit ONECA.com and to offer continually updated information, we assign you a unique identification number stored in a file on your computer called a “cookie.” Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser – but not you – to our computers whenever you interact and browse ONECA.com.
The cookies automatically gather certain usage information like the numbers and frequency of visitors to ONECA.com and areas visited on the sites. We only use such data in the aggregate. This collective data helps us determine how much our customers use parts of the site, so we can improve our site to ensure that it is appealing to as many people possible.
Information Sharing and Disclosure
ONECA does not rent, sell, or share any personal information collected through voluntary registration for “ONECA”, trial e-mail newsletter, or the “Contact Us” page.
The information you provide to ONECA is also used to better understand the content needs of registrants to our Web site. Our goal in collecting personal information through and monitoring visitor traffic patterns through use of cookies is to provide you with the best available Web experience for online investment information.
ONECA DOES NOT SHARE PERSONALLY IDENTIFIABLE INFORMATION ABOUT INDIVIDUAL USERS WITH ANY THIRD PARTY EXCEPT AS NECESSSARY FOR ONECA TO OPERATE THE SITE AND COLLECT SUCH INFORMATION.
Security
When personal information is provided to ONECA, we establish a “secure session” using Secure Socket Layer (SSL) protocol. The protocol encrypts all information before it is sent. The information is scrambled en route and decoded once it reaches our Web site.
Other e-mail communications may not be secure unless you are advised that security measures will be in place prior to you transmitting the information. For this reason, you should not send confidential information, such as Social Security number or Credit card number, through an unsecured e-mail.
Your Consent
By using our Web site, you consent to the collection and use of information by ONECA. If we decide to change our privacy policies and procedures, we will post those changes on this page so that you always have the opportunity to be aware of what information we collect, how we use it, and under what circumstances we may disclose it.
Limitation of Liability. NEITHER ONECA NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from ONECA regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Palm Beach County, Florida.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the Ontario, Canada, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all ONECA policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
