Updated: May 15, 2023
Welcome and thank you for visiting www.oneten.org (the “Site”), a website operated by OneTen Coalition, Inc. (“OneTen”). By accessing or using the Site, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”).
Please read these Terms carefully before using the Site. These Terms are a legally binding agreement between you and OneTen. These Terms do not purport to supersede any legally binding agreements between you and OneTen that are independent from your use of the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE.
1. Use of the Site.
Subject to your ongoing compliance with these Terms, OneTen hereby grants you a limited, personal, revocable, non-exclusive, non-assignable, non-sublicensable right and license to access the Site with a generally available web browser to view the Content (defined below) and use the Site. Any other use of the Site is strictly prohibited and a violation of these Terms. OneTen and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in the Site, the Content and all related items.
2. Restrictions on Use.
Your use of the Site, including all features and functionalities associated therein, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with these Terms and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, or offer for sale, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site or to monitor or copy OneTen’s webpages or the Content contained therein; (v) “mirror” or “frame” any Content or the Site itself, in whole or in part; (vi) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vii) use or insert any code or product or manipulate the Site in any way; (viii) use any data mining, data gathering or extraction method; (ix) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (x) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; (xi) use or encourage the use of the Site or its Content for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws and regulations governing intellectual property and other proprietary rights, data protection and privacy; or (xii) assist, encourage or enable others to do any of the preceding prohibited activities. Minors and children are not eligible to access or use the Site.
3. Cessation of Service; Termination.
OneTen reserves the right to modify, terminate and suspend the operation of the Site, as well as the provision of any or all products, services or Content via the Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall terminate immediately upon any violation of these Terms, without prejudice to any other rights or remedies of OneTen. OneTen reserves the right to terminate your access to and use of the Site at any time for any reason without notice or liability to you or any third party.
Certain areas of the Site may be password protected and accessible only to those who have a valid OneTen-issued password. You shall not attempt to access any password-protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that OneTen has granted you limited access to specific files pertaining to you, and you shall not attempt to access other protected files or Content. Persons who have access to any such password-protected areas of the Site are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature of the protected area, and for logging off any protected areas of the Site. Accordingly, you shall take steps to protect the confidentiality of your password and you shall notify OneTen immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. OneTen makes no warranty, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through the Site.
6. Intellectual Property.
All content included or available on the Site, including, but not limited to, all text, graphics, videos, sound recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the compilation, selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionalities of the Site (collectively “Content”), is the exclusive property of OneTen or its licensors and is protected by U.S. and international laws. Any use of Content, including reproduction for purposes other than those expressly permitted herein, any modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of OneTen is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.
ONETEN™ is a proprietary service mark of OneTen. OneTen’s marks shall not be used in connection with any products or services that are not provided by OneTen, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OneTen. Other marks displayed on the Site are owned by their respective owners, and their appearance on the Site constitutes neither an endorsement nor a recommendation.
7. Third-Party Services.
8. Disclaimer of Warranties.
THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY ONETEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, OneTen disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, OneTen does not represent or warrant that: (i) the Content, information or results on or provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected. OneTen expressly disclaims any guarantee of results from the use of the Site. For example and without limitation, OneTen does not guarantee to any employer(s) or prospective employer(s) that use of the Site will result in identifying specific candidate(s) for employment and/or any such candidate(s) accepting offers and does not guarantee to any job seeker(s) that use of the Site will result in job offer(s).
9. Limitation of Liability.
YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL ONETEN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, INVESTORS, DONORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “ONETEN PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE ONETEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ONETEN PARTIES EXCEED ONE HUNDRED U.S. DOLLARS ($100). YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ONETEN WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You shall indemnify and hold harmless the OneTen Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorney fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site and its Content; (ii) your actual or alleged breach of these Terms; or (iii) any infringement by you or any other user of the Site using your computer or device of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. OneTen reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Each of the OneTen Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
11. Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver” is intended to be interpreted broadly and governs any and all disputes between you and us, except as provided in this Section. Any and all disputes may include, but are not limited to: (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement; and (iii) claims that may arise after the termination of these Terms.
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us using the information in the Contact Us Section below. When you contact us, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the subsection entitled Initial Dispute Resolution above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below). Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, your use of the Site, and/or any and all disputes arising out of or relating to OneTen’s job opportunity platform (the “Platform”) shall be finally settled by binding arbitration administered by JAMS in accordance with either: (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated (not the “Last Revised” date of these Terms), excluding any rules or procedures governing or permitting class actions. Contact information for JAMS, as well as copies of the JAMS rules and applicable forms, are available at www.jamsadr.com.
Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do all three of the following: (i) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration form at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (iii) send one copy of the Demand for Arbitration to us at: OneTen Coalition, Inc., Post Office Box 3220, Norfolk, VA 23514.
When you initiate arbitration against us, you are required to pay up to $250 of the filing fee to initiate arbitration. To the extent the filing fee for the arbitration exceeds that amount, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Delaware, United States, and you and we agree to submit to the personal jurisdiction of any federal or state court in Delaware in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this subsection entitled “Class Action Waiver” is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. You and we agree that to the extent that either party has a good faith belief that a dispute falls within the jurisdiction of the small claims court in the U.S. county (or parish) of your residence, either party may elect to have such dispute adjudicated in such small claims court. Such election can be made by either party even after the other party initiates an arbitration. In such case, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that in the situation where an arbitration is already initiated and one party invokes the small claims court option, any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless the small claims court is unwilling to do so) and not the arbitrator or JAMS.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to OneTen Coalition, Inc., Post Office Box 3220, Norfolk, VA 23514, email@example.com. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) May 15, 2023 or (ii) your first date that you used the Site, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver.” If you opt out of these arbitration provisions, we also will not be bound by them.
Changes to This Section. We will provide thirty (30) days’ notice of any material changes to this section entitled “Mandatory Arbitration and Class Action Waiver” by posting a notice on the Site or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section entitled “Mandatory Arbitration and Class Action Waiver” will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
If a court or arbitrator decides that this subsection entitled “Changes to This Section” is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Site.
12. Governing Law; Jurisdiction.
Except as provided above in the “Mandatory Arbitration and Class Action Waiver” Section, all matters relating to the Site, the Platform, and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Site, and/or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts for purposes of these Terms only.
13. Entire Agreement.
These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain products or services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such products or services.
14. Waiver; Severability.
Any waiver of any provision of these Terms shall be effective only if in writing and signed by OneTen. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
OneTen shall have the right, in its sole discretion, to revise these Terms at any time and without additional notice to you. Such revised Terms shall be effective when posted on the Site. You should revisit these Terms on a regular basis, as revised versions shall be binding upon you. You understand and agree that your continued access to or use of the Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
16. Contact Us.
To contact or notify us of any matter related to these Terms, please use the following information: OneTen Coalition, Inc. 28 Valley Road Montclair, NJ 07042