Effective Date: October 22nd, 2017
Date of Last Update: October 22nd, 2017
Please note the arbitration provision set forth in Section 13, requiring you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
I. This Agreement
Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website, you must first agree to be bound by this Agreement. By accessing the Website, you indicate that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website.
Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Effective Date” at the beginning of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Website. A current version of this Agreement is accessible through the footer of the Website’s homepage.
III. Special Note to Our Visitors
Our Website does NOT provide any medical advice, diagnosis, or treatment. If you need medical advice, diagnosis, or treatment, please see a physician and do NOT use our Website for that purpose. Further, OneCussion LLC does not and cannot recommend treatment or offer medical advice on personal health matters. The contents contained herein, including but not limited to all Concussion Circle and other community support information, are for informational purposes only and are not intended, nor should they be used, as a substitute for professional medical advice, diagnosis or treatment. OneCussion does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Your access to or use of the Website does not create in any way a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to any duties on the part of OneCussion, its agents, or employees. Always seek the advice of a qualified healthcare professional with any questions you may have regarding any medical condition. Never disregard medical advice or delay in seeking medical advice because of something you have read on the Website. In case of an emergency, call 911 for immediate assistance.
IV. Intellectual Property
Copyright. The Website contains content that is protected by the copyright laws of the United States and other jurisdictions. As between you and OneCussion, OneCussion owns all rights, title, and interest (including all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including all content appearing therein), and you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for information that is in the public domain or for which you have been given express written permission by OneCussion, no content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon, or otherwise used for any public or commercial purpose without the prior written consent of OneCussion or, where applicable, our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that (a) you must keep intact all copyright, trademark, and other proprietary notices appearing therein and (b) you use such materials solely in the manner permitted by this Agreement and not in any manner that competes with us.
Trademarks. Our trademarks, names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Website and which indicate a source of goods or services (collectively, the “Trademarks”) belong exclusively to OneCussion or to our licensors, sponsors, suppliers or other third parties, as indicated. Trademarks are protected by the trademark laws of the United States and other applicable jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademark in any way, including distributing content for advertising, publicity, or otherwise, without our prior written consent or the consent of such third party Trademark holder, as applicable.
Removal of Notices. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) that may be affixed to or contained within any content, and you shall abide by all such notices.
V. Usage Restrictions
You shall not use the Website in any manner that:
(a) is designed to interrupt, destroy, or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;
(c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(f) links to materials or other content, directly or indirectly, to which you do not have a right to link;
(g) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by OneCussion in its sole discretion;
(h) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;
(j) violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.
VI. Third Party Links & Websites
The Website may provide links to third party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence, or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, which are solely between you and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement.
VII. Linking to this Website & Framing
Creating or maintaining any link from another website to any page on the Website without OneCussion’s prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another website without OneCussion’s prior written permission is also prohibited. Any permitted links to the Website must comply will all applicable laws, rules and regulations.
VIII. Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. NEITHER ONECUSSION NOR ANY OF ITS PAST, CURRENT, OR FUTURE AFFILIATES, NOR ANY OF THEIR RESPECTIVE PAST, CURRENT, OR FUTURE EQUITY HOLDERS, DIRECTORS, OFFICERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS OR REPRESENTATIVES (COLLECTIVELY, THE “ONECUSSION PARTIES”) SHALL HAVE ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, COST, EXPENSE, LIABILITY, OR OTHER ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE. ONECUSSION FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS, OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY USE OF THE WEBSITE, AND ONECUSSION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF THE WEBSITE. SPECIFICALLY, ONECUSSION DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE, AND (II) ALL WARRANTIES NOT EXPRESSLY MADE IN THESE TERMS. FURTHER, UNDER NO CIRCUMSTANCES SHALL ONECUSSION BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF YOUR USE OF THE WEBSITE, OR YOUR INTERACTION WITH ANY THIRD PARTY WEBSITE, WHETHER LINKED TO FROM THE WEBSITE OR OTHERWISE, INCLUDING YOUR USE OF ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT.
IX. Limitation of Liability
GENERALLY. IN NO EVENT SHALL ANY ONECUSSION PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OF (I) THE WEBSITE (INCLUDING YOUR USE OF ANY CONTENT APPEARING THEREON), OR (II) ANY PRODUCT PURCHASED THROUGH THE WEBSITE, REGARDLESS OF WHETHER ONECUSSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS (UNDER THE “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF WARRANTIES” SECTIONS) MAY NOT APPLY TO YOU, BUT NOTE THAT THE LIMITATIONS IN THESE SECTIONS DO APPLY IN NEW JERSEY.
X. Representations and Warranties
XI. No Endorsement
OneCussion is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. The owners of any third party Trademark or copyright appearing on the Website are not sponsors of OneCussion or the Website and have not endorsed and are not affiliated with OneCussion or the Website, and OneCussion is not a sponsor and does not endorse any such third parties.
All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: OneCussion LLC firstname.lastname@example.org, and to you at the address we have on file for you, where available. Notice shall be deemed given three (3) business days after the date of such mailing.
XIII. DISPUTES AND AGREEMENT TO ARBITRATE
By visiting the Website, you and OneCussion agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to OneCussion at: email@example.com or (2) to you at: the contact information on file with OneCussion.
Both you and the OneCussion agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Dallas, TX before a single arbitrator, mutually agreed upon by both parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
XIV. Choice of Law
This Agreement has been made in and shall be construed in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles.
The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by OneCussion, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.
XVI. No Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If OneCussion does not exercise or enforce any legal right or remedy contained in this Agreement (or which OneCussion has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of OneCussion’s rights, and all such rights or remedies shall still be available to OneCussion.
If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein or included in the Website set forth the entire understanding and agreement between us with respect to the subject matter hereof.
XVIII. Contact Us
If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org.