Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY CHECKING THE BOX, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY EXIT THIS WEBSITE AND DO NOT USE THE SERVICES.

These Terms and Conditions are among One Advantage, LLC, its affiliates and their successors, assigns, directors, officers, managers, employees, agents, service providers and/or authorized representatives (collectively referred to as, "One Advantage") and you (referred to as, "You" or “Your”). This Agreement is effective as of the date You checked the box agreeing to these Terms and Conditions (the “Effective Date”). Your use of and our provision of the services are governed by these Terms and Conditions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND ANY DOCUMENTS OR POLICIES THAT THESE TERMS AND CONDITIONS REFERENCES (WHICH ARE INCORPORATED HEREIN BY REFERENCE), UNDERSTAND THEM, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS, AND ALL OTHER OPERATING RULES, POLICIES, ANY FUTURE MODIFICATIONS, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU (COLLECTIVELY, “TERMS”), AND THAT ANY PERSON CHECKING THE BOX ON YOUR BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON CHECKING THE BOX TO THESE TERMS ON YOUR BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND YOU TO THESE TERMS.  

 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THE SITE.   

 

SERVICES ARE SOLELY FOR USE BY INDIVIDUALS EIGHTEEN YEARS AND OLDER AND LOCATED IN THE UNITED STATES.

One Advantage requires that authorized users to the Site adhere and agree to these Terms.  By accessing the Site and any of its pages, You indicate Your acknowledgement of and Your agreement to these Terms without limitation or qualification. One Advantage may revise the Terms at any time by updating this posting, which revisions will be binding upon all users to the Site.  You should therefore review the Terms each time You visit the Site.

Any information, services, or materials offered by or through this Website shall not be construed as or understood to be financial, investment, legal, tax or accounting advice of any kind and should not be relied upon as such.

Subject to and condition on Your compliance with these Terms, You are granted access to the Site solely for the limited purpose of managing Your account with One Advantage.   This Site has been prepared solely for the purpose of providing information from and conducting transactions with One Advantage in order to provide account information, make payments and collect debts. Without limiting the generality of anything else, One Advantage makes no commitment, and disclaims any duty, to update this Site or any of the information obtained through this Site, and it shall not be responsible for any errors or omissions in the Site.  You are not permitted to access the Site for any other purpose.  Without limiting the generality of the foregoing, You may not:

 

Violations of Terms and Conditions

One Advantage reserves the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ONE ADVANTAGE FROM ANY LIABILITY, LOSS, CLAIM, DAMAGE AND EXPENSE, INCLUDING ATTORNEYS’ FEES AND OTHER RELATED COSTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR VIOLATION OF THE TERMS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Electronic Authorization Consent

To use this Site and any associated online services, You must agree to receive these Terms electronically.  You also agree that Your electronic acceptance of these Terms will constitute a valid and binding electronic signature that will have the same force and effect as a handwritten signature by You.  If You do not agree to Your use of electronic signature, You must immediately exit the Site.

To access and retain the information subject to Your consent, You must have access to equipment that meets the hardware and software requirements:

Certain older web browsers may not be supported by this Site.  If You are using an outdated version, You may need to update it in order to access Your account(s) online.  

To print these Terms, communications or any other documents, You must have a printer connected to Your computer. To download these Terms, communications or any other documents, You must have sufficient hard drive space to store the relevant materials.

By consenting to this Electronic Authorization Consent, You agree that You have the requisite hardware and software requirements as described above. If, in the future, You no longer have access to a computer that meets the hardware and software requirements, please contact One Advantage toll-free at 800-645-4382 and immediately exit the Site.

Consent to Contact via Phone (Mobile or Landline) or Electronic Mail

You agree that One Advantage may contact you at any email address or telephone number (including telephone numbers which could result in charges to you) provided by You directly through One Advantage or this Site or provided by You through any means, whether in the past, present, or future.  You agree that One Advantage may contact You using pre-recorded or artificial voice messages, an automated telephone dialing system or text messages.  You acknowledge that text messages and email is inherently insecure and that there are risks involved when using them.  Some risks include that they may (1) be forwarded to third parties, printed, stored in multiple electronic forms, and may be received by an unintended recipient or sent to an unintended recipient; (2) may be used in court; (3) be intercepted and read by third parties; and (4) exist even after You “delete” them.  You consent to receive calls, emails, and text messages concerning, but not limited to, collection, account maintenance, transactions and servicing, and Your payments. 

If You provide your work email address to us in order to communicate with You by email, You recognize and agree that Your employer may monitor, intercept, possess and/or redistribute any emails that are sent to You at the work email address and You accept the risk of the potential for third party disclosure.

Limitation of Liabilities and Warranties

ONE ADVANTAGE IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE CONTENT.  INFORMATION ON AND ACCESS TO THE SITE IS PROVIDED "AS IS", “WITH ALL FAULTS”, AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

One Advantage from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including these Terms, without notice.  One Advantage assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.  Your access to and use of the Site is at Your own risk.

IN NO EVENT SHALL ONE ADVANTAGE BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL INJURY OR COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, GUARANTEE OR CONDITION, OR OTHERWISE) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES. IN NO EVENT SHALL ONE ADVANTAGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Class and Jury Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY DISPUTE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF, RELATING TO , OR IN CONNECTION WITH THESE TERMS OR ANY TRANSACTIONS CONTEMPLATED BETWEEN THE PARTIES (WHETHER IN CONTRACT, TORT, OR STATUTE).  EACH PARTY AGREES THAT ANY SUCH DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.

Laws and Regulations

Your access to and use of the Site is subject to all applicable federal, state and local laws and regulations including, U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States.  Unauthorized use of this Site is prohibited and violators can be prosecuted under federal and state laws.  Delaware law and Federal law will govern the interpretation and enforcement of these Terms (without giving effect to its conflicts of law principles).  You agree and consent to the personal and exclusive jurisdiction of the federal and state courts of Dover County, Delaware.

Trademark Information

One Advantage and its logo are trademarks of One Advantage, LLC and its affiliates.  All other trademarks, servicemarks, and trade names referenced in this material are the property of their respective owners. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of One Advantage or of any third party.

You are authorized by One Advantage to copy, transmit or display any information registered or owned by One Advantage on any page of the Site solely for Your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or servicemark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without One Advantage's prior written consent.

The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Marketing

Regardless of whether You have chosen to opt out of certain marketing offers from One Advantage, by using the Site, You agree that One Advantage may market their services and the services of other companies on the Site through the use of banner ads, "hyper-links", and other similar marketing devices.  Products offered will be at the sole discretion of One Advantage, and may be provided by companies not affiliated with One Advantage.  Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. One Advantage does not endorse or guarantee products or services provided by non-affiliated companies.

Links to Other Internet Web Sites

Some of the web sites listed as links herein are not under the control of One Advantage, but rather are exclusively controlled by third parties. Accordingly, One Advantage makes no representations whatsoever concerning such web sites.  Although One Advantage may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by One Advantage with respect to such web site, its owners or its providers.  One Advantage is providing these links only as a convenience to You.  One Advantage has not tested any information, products or software found on such web sites and therefore cannot, and will not, make any representations whatsoever with respect thereto.  It is up to You to take precautions to ensure that whatever You select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Feedback

Any comments or materials sent to One Advantage, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively, "Feedback"), shall be deemed to be the property of One Advantage.  If such Feedback is deemed not to be property of One Advantage, You hereby grant One Advantage a perpetual, world-wide, irrevocable, nonexclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.  One Advantage shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, One Advantage shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Demographic and payment information submitted to One Advantage shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

General

The waiver or failure of One Advantage to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms.  All rights and remedies given to One Advantage in these Terms are cumulative and not exclusive of any other rights or remedies which One Advantage otherwise has at law or in equity.  Any rights not otherwise expressly granted by these Terms are reserved by One Advantage.  Headings are for convenience only.  If any part of these Terms 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 these Terms shall continue in effect. One Advantage reserves the right to terminate Your access to this Site in the event that You violate these Terms or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.