Specifically, these terms constitute a legal contract (the "Agreement") between you and ONA Connect LLC ("Ona", “we” or “us”) that govern your (and anyone accessing your account) use of Ona’s websites (including onadates.com, the “Site”) and dating marketplace app and services (with the Site, the “Service.”) By accessing, browsing or using any part of the Service, you are agreeing to the terms of this Agreement.
Please note that these terms also reference and include the pricing terms and any additional terms conveyed directly to you via the Service, as you use and make purchases through it.
IMPORTANT LEGAL ITEMS
We sincerely hope to resolve any issues that may arise directly with you, to your satisfaction.
However, should you feel a need to pursue a legal remedy against us relating to the Service, this Agreement (i) requires all matters to be settled by binding, individual arbitration or via small claims court (if applicable) and (ii) includes a waiver of certain rights, including the ability to form class actions. Please see “DISPUTE RESOLUTION; ARBITRATION, NO CLASS ACTIONS” for more.
We may modify these terms and post a copy of the amended Agreement at onadates.com/terms-of-services.html
. When possible, we will use reasonable efforts to notify you of any material changes to your rights via additional methods, such as via the Platform or email. You should check there periodically for changes. By accessing the Service after updates to the Agreement are posted, you agree to be bound by the updated terms.
You must be at least 18 years old to enter into this Agreement and to use the Service. By using the Service, you represent that you (i) have read, understood and agree to be bound by this Agreement and (ii) are at least 18 years old.
, relative to any data that we may collect, store and use via the Site and the Service. Please review it carefully.
Disclaimer of Medical Liability and Therapy
The Service is not intended to be used for the provision of medical diagnosis, drug prescription or advice regarding medical treatment or drugs (collectively, “Medical Advice.”) If any Service Provider provides any Medical Advice via the Service, you should disregard it and notify us. You agree to hold us harmless and indemnify us entirely if you do choose to accept any Medical Advice and/or any therapy services from any Service Provider. (Also see “Service Disclaimers.”)
The Service provides an online marketplace and platform (including the applications and related technology, the “Platform”) for end user customers who are single (“Users”) to browse, be connected with and hire the services of matchmakers, dating services consultants, therapists and related service providers (collectively, “Service Providers”) for the purpose of meeting romantic matches and receiving content, advice and counseling relating to dating, romance and related topics.
The Platform offers messaging and video chat functionality to allow Users to (i) directly interact with Service Providers and potentially, hire them (each hire an “Engagement”) and (ii) to be connected with with other persons (each person introduced, a “Match”) for the purpose of engaging in actual dating (each date that is facilitated via the Platform with a Match, an “Onadate.”)
Each User who wishes to book Engagements will be required to register with us, agree to the terms of this Agreement and create a profile (a “User Profile.”) Service Providers will also be required to create a Service profile (a “Provider Profile”). We may permit Users and/or non-registered end users to scan Provider Profiles for free but your User Profile will only be available for review by (i) Service Providers (so they may assess your fit for services) and (ii) other Users that a Service Provider has actively recommended you to, for a potential Match.
The Service will provide protocols and directions for how to book and manage Engagements, conduct Onadates and otherwise use the Platform. You agree to follow these instructions.
Service Philosophy and Ethics
The Service is built around the premise of introducing singles to vetted, qualified dating services specialists for exploring and engaging available services.
All Service Providers are required to agree to our Service Provider Code of Ethics and all Users are required to agree to our User Code of Ethics
. Please read these carefully. Your acceptance of this Agreement and your use of the Service indicates your agreement to abide by our User Code of Ethics.
If you cannot or do not continue to abide by our User Code of Ethics or if we determine, at our discretion that you are not doing so, we may suspend or terminate your Service account immediately and without refund for any previously purchased items, provided that we may still charge you for authorized purchases that are still then-pending (if any).
To further ensure the safety integrity of our Service and to promote a safer community of Users, Ona reasonably tries to screen Service Providers, any Users who purchase Engagements and any a Match candidate who will be put into an Onadate, to attempt to verify their identity, marital status, serious intent and lack of a criminal history. We accomplish this, in part, through our own diligence, using social media and other tools, as well as via our use of third party background checking services that conduct national and local criminal background (“Background Checks .”)
To use the Service, you agree that Ona may conduct a Background Check and other diligence on you. We may remove your eligibility for some or all of the Service and/or terminate your account if you do not pass any aspect of our diligence, to our satisfaction.
We intend to eliminate individuals convicted of sexual crimes, on sexual predator “watch lists”, convicted of violent crimes, or who we believe to be falsifying their identity or marital status. However, (i) we do not guarantee that our Background Check or other diligence results will be 100% accurate, (ii) while we contractually require Service Providers to conduct Background Checks on Onadate Match partners–we cannot guarantee that they will, and (ii) past behavior may not predict future behavior. So please use all precautions when you communicate with or meet any Service Provider or Match partner. (See “Acceptance of Risk; Disclaimer” below.)
Service Providers & Service Categories
Ona facilitates your introduction to Service Providers and Ona handles the booking and billing but Ona does not provide any Services directly to you. Ona Service Providers work directly with you and are responsible to you for the quality of their services.
Service Providers can perform multiple functions. For example, a Consultant who offers dating advice may also offer Matchmaking. In each case, any service offered will be subject to the applicable rates for that service (see “Fees and Billing”).
Please note that once you are working with a Service Provider as part of an Engagement, a Service Provider may also offer additional services to you (or refer you to other parties) that are offered outside of the Platform. Any such services would be disconnected from Ona and not governed by this Agreement, in any way.
Service Providers and the services offered can be categorized into three categories:
1. “Matchmakers” - are engaged in the business of pairing Users with perceived successful Matches of the gender(s) desired by a User for an Onadate (“Matchmaking”). Matchmakers may offer to pair you with Matches that they source via the Platform or from their own client base and sources.
- At launch, Ona will not charge you for Matchmaking via the Platform.
- A Match may include more limited introductory features where you are permitted to briefly review or access a User Profile or series of User Profiles or it may involve a more detailed description and interaction.
- At launch, Matchmaking will only be a passive option. Matchmakers may contact you, if they believe that you may be a Match fit for one of their clients and you may accept or reject any Match request.
- We require Service Providers to use our Background Check functionality for any Match that they introduce to a User for an Onadate, rejecting any failed candidates. A Background Check is not required to simply show a person’s User Profile or other initial information to you for review, prior to a Onadate.
- Though our Service Providers have committed to using the Background Check functionality for all Onadate candidates, we cannot confirm or guarantee that they will and you accept any risk arising out of that. If you want more comfort in this regard, you should feel free to ask the Service Provider directly whether they have completed a check for any candidate. You may also contact us.
- We prefer that all Matchmaking (short of in-person dates) be done via the Platform (via messaging or video). If a Service Provider suggests that you first contact a Match outside of the Platform, it is up to you whether to accept it. However, please bear in mind that, Ona will have no way to track the communication.
- You agree that dating success is personal, fickle and entirely subjective. Regardless of any advice or promises made by a Service Provider to you, Ona does not guarantee that you will like, be attracted to, or otherwise be happy with any Match partner.
2. “Dating Consultants and Date Coaches” - individuals who offer services that may improve a Users’ dating ability (“Consulting”) , ranging from remote advice sessions, to assistance with actual online dating (profile editing, response advice….etc.) to “Winging” where a coach may meet you in-person and assist with your dating interaction. The actual Services offered will be described via the Platform as you browse and purchase.
- Dating Consulting is a relatively new, highly subjective (relative to success) and very personal set of services. We do not guarantee that you will like, agree with or accept any Consulting advice that you receive. Again, we remind you to use your judgement and trust your own instincts when interacting with any Consultants and following any advice.
3. “Therapists” psychotherapist services providers who focus on working to resolve issues relating to dating and romantic services (“Therapy”).
- We do not directly offer or sell any psychotherapy services. Therapists may use our Platform to market their services to you but any Services will be provided directly by the Therapist to you.
- Therapists must represent to us that they have been licensed by applicable state or industry standard licensing bodies and each Therapist may share his or her background as part of their User Profile. Ona takes efforts to screen Therapists and verify certain of their stated credentials but we do not guarantee such verification. You should do your own diligence before you hire any Therapist through Ona.
- You understand that Therapy can be a challenging, and even traumatic process. Please engage in it and rely upon any Therapist’s advice with care.
- Please recognize that online, remote therapy may not be sufficient for your needs and should not substitute for in-person services, if you need it.
- Therapists have committed to us that they will not be providing medical services or prescribing medications via the Service. They should not do so but you should not accept such services if they do (and please contact us at email@example.com to let us know.)
- When you engage a licensed Therapist, he/she will confirm to you the state that they are licensed in and ask you to confirm your agreement to (i) engage in remote digital sessions for therapy, (ii) your consent to their services generally, (iii) that for legal purposes, the therapy will be deemed to be conducted in the state where the Therapist is licensed. By engaging a licensed Therapist via the Service, you agree to these terms.
- If you are thinking about hurting yourself, committing suicide or taking any actions that would be dangerous to you or anyone else – or if you believe that you or anyone else may be in danger – or if you are experiencing a medical emergency, PLEASE DO NOT USE ONA AND INSTEAD CALL 911 OR ANOTHER APPROPRIATE FIRST RESPONDER IMMEDIATELY.
Additional Engagement and Service Provider Terms
All services offered will be described further within the Service and Platform. Any offer terms are that are presented to you within the Service by Ona will govern the service(s) that you select and become a part of this Agreement.
When you sign up and pay for an Engagement via the Service, we may present additional terms to you that are specific to that Engagement (“Engagement Terms”).
We may also present terms that to on behalf of the Service Provider (“Service Provider Terms”). Those Service Provider Terms will represent a direct agreement between you and the Service Provider that Ona is facilitating but is not a party to.
You agree that you will only pay for an Engagement if you have also read and agreed to any Engagement Terms and/or Service Provider Terms that are presented to you and you agree to be bound by them.
Third Party Beneficiaries
Relative to both of the Engagement Terms and the Service Provider Terms, as well as any other terms contained in this Agreement that would govern your conduct with a Service Provider (such as ethical conduct, and payment terms), you agree that any Service Provider you hire via Ona for an Engagement will be a “third party beneficiary” of such terms. In plain English, this means that the Service Provider is agreeing to work with you under all of these terms and he/she/it may enforce any relevant parts of these terms directly against you.
Your Service Provider Relationship; Disclaimers.
You understand and agree that, (i) the Service and Platform is only provided to connect Users to Service Providers for their provision of Services directly to you; (ii) Service Providers are not employees of Ona, nor are they trained by Ona, (iii) any advice, communication or any other interaction with any Service Provider (collectively, the “Service Provider Interaction”) is not controlled by Ona and, vis-à-vis you and Ona, is accepted by you at your own risk; (v) Ona will not have any liability or obligations arising from any Service Provider Interaction or any other acts or omissions by Service Providers (including but not limited to any negligence, willful misconduct, bad faith actions or criminal misconduct); and (vii) apart from the limited vetting conducted by Ona as set forth herein, Ona makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security or legality of any Service Provider Interaction
SERVICE ACCESS AND REGISTRATION
To access the Service, you must have a connected device that meets our then-current operating requirements, which will try to update on the Site.
Registration; Information Sharing
We may permit users to access some elements of the Service without joining but in order to fully use the Service and to book any Engagements, you will need to create a User Profile, by registering and providing certain information to us.
To register, you will be prompted to use one of your major social media accounts, such as Facebook or LinkedIn. In that case, you are agreeing to permit your social media service provider to share certain information with us, including your email, your date of birth and your gender categorization, to the extent that they have it. We may also offer you the chance to sign up entirely directly with us. Last, we may upload photos from your social network for your User Profile.
When you register for and use the Service via a mobile phone, you agree that we may use your phone’s GPS information (as it is continually updated) to supplement your User Profile with your current location data, so that we and our Service Providers can provide geographically relevant services to you.
User Profile; User Content
After you register, we will request that you review your User Profile, to confirm any pre-populated information shared with us and to edit and supplement it, with your information and dating preferences that we think are relevant to your Service usage experience. We will also encourage you to upload photo and video content of yourself, for Service usage purposes.
Over time, we may change or supplement the information that we ask or require you to provide. We may also require that you provide additional information prior to booking specific types of Services.
From time to time, we may also ask you to participate in quizzes, surveys or otherwise ask you for more information related to your Service use.
Finally, there may be other areas of the Service where you are permitted and/or required to provide additional content, such as feedback, ratings, opinions (content that you upload, your “User Content”).
In all cases, you agree that any information that you provide to Ona or otherwise via the Service will be truthful, complete and that you will keep it up to date. You also agree not to use any vulgar, obscene or otherwise offensive language as part of your User Profile or any User Content. Finally, you agree not to impersonate or represent any person or entity other than yourself.
We may refuse Service membership or access to anyone.
User Profile Access.
Your User Profile will be visible to Service Providers who have agreed to use it to provide and enhance their provision of Services hereunder. Other Users may be able to see a limited part of your User Profile, only if (i) they are connected to you for a Match and/or (ii) if we create public areas of the Service for User Content.
You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these.
You agree not to share your account with any party and to immediately notify us of any suspected unauthorized use of your account or any breach of your account’s or the Service’s security.
By creating a Service account, you consent to receive service-related communications (via email, text and/or Platform messaging functionality) from us.
You understand and agree that the Service Platform may interact directly with your mobile or other device to deliver pop-up notifications and message alerts, subject to your control over your devices’ settings.
We may also send you promotional communications via email. If we do, you may opt out of receiving promotional emails and you can also contact our customer care to adjust your messaging preferences.
The Service is limited to offering Engagements to Users located within the United States and certain services or Service Providers may be more limited to specific cities. We may also provide tools to you, to indicate your own preferences relative to geographical availability for potential Matches or other services.
We are working to expand our availability as much as possible but you will need to check in via the Service to see if we can deliver any particular service to you. We reserve the right to limit the availability of certain services and functionality by location and to change availability in general, at our discretion.
ORDERING, BILLING AND TERMS OF SALE
When you order any paid Engagement, the fee terms will be presented to you within the Platform prior to your purchase as part of the Engagement Terms and together with any additional Service Provider Terms (if applicable). Once you commit to purchase as instructed via the Platform, you agree to be bound by the terms of that purchase, both with Ona and with the applicable Service Provider. If you do not agree to any such term, your only remedy is not to complete the order.
Please note, if you purchase a recurring subscription that includes a minimum committed number of Services or Service features (Matches, Consulting sessions…etc.) during a subscription period, during each renewal period, the minimum will renew but unused Services from any period will not rollover to the next. If recurring billing is are part of any purchase, the recurring billing terms will be conveyed as part of the Engagement Terms.
By providing a credit card or other payment method that we accept, you authorize us (or our third party payment processor) to charge your payment method for the total amount of any order made to your Service account, including any taxes, shipping or other charges or credits (as part of any promotions) communicated to you on the order confirmation page. We may issue a charge authorization after you place your order and charge you at a later point and/or we may charge you immediately upon purchase. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be refused, suspended or cancelled. If you want to change or update your payment information, when you make your next purchase, you can choose to add a new card or payment method and swap it at that time. You may also contact our customer care.
Taxes; Other Charges
Our posted product prices exclude taxes or other transaction-specific charges and/or reflect elements of these costs that we have elected to bundle into the price. We may add taxes or other charges that may become relevant to a particular item (like shipping, if we ever sold you physical products) to your bill and will always communicate these to you as part of your order if we do, adding them to the total. If you do not agree to any taxes or other specifically added charges added to your order, do not confirm the order and complete the purchase.
SERVICE ISSUES AND CUSTOMER CARE
If you are unhappy with any Service Provider’s quality of service, you agree to first contact the Service Provider and work with him or her directly to resolve your issue. If you do so and cannot reasonably resolve the issue in good faith and the issue arose because you believe that they/it (i) did not materially deliver the sold service, (ii) acted in a manner that did not conform to our Service Provider Code of Conduct or any law or (iii) are otherwise materially dissatisfied with it, you can contact us here http://onadates.com/contact.html
to request a credit or refund. We will review your complaint and respond with our conclusion, which may or may not include our offering Service credit, a refund, or a rejection of your assertion. We may require your support for additional evidence collection, as part of our review. The above is your only remedy relative to services that you are dissatisfied with.
Notices From Us
You agree that any notices, agreements or disclosures that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We may provide functionality or areas of our Service or Site that allow you to add reviews or commentary, share links to items we offer with related commentary, “like” or otherwise indicate your approval or feelings about certain items or otherwise interact with us and our products in an interactive fashion. In certain cases, some of this functionality may be offered via plug-ins, widgets, APIs or other functionality provided by or meant to interact with third party sites, such as Facebook, Intstagram, Twitter….etc. The foregoing will constitute User Content. In all cases, you agree to only provide non-automated User Content that is offered within the spirit of our community, for the purpose of providing useful, non-commercial, good-natured feedback relative to the Service Provider or content you are commenting upon. We reserve the right, in our absolute discretion, to remove, review and/or deny any such User Content. You also agree that your User Content will (i) never include any items that are abusive, violate any party’s intellectual property, personal or privacy rights, (ii) be otherwise in conformance with any guidelines we provide to you, including the rules set forth below under “PROHIBITED USES AND ACTIONS” and (iii) you grant us a continuing license to your commentary, as set forth below under “YOUR LICENSE TO US”.
We may change, adjust, add to or remove elements from the Service at any time. In all cases, your only recourse if you do not agree to any changes is to stop using the Service. We may also terminate our provision of the Service entirely, without any liability to you.
For more information about the Service, please review all informational areas of the Platform and Site.
We maintain the Site to provide Service access online (for supported browsers), for marketing and for informational purposes.
PROHIBITED USES AND BEHAVIOR
You understand and hereby acknowledge and agree that you may not and warrant that you will not do any of the following (and if you believe that any other User or Service Provider is or is otherwise violating these terms or the law, please contact us at firstname.lastname@example.org):
- use the Service or conduct yourself with any Service Provider, User or Match in any way that (i) violates the terms of this Agreement, any law and/or our User Code of Conduct, (ii) is purposefully or otherwise abusive to any third party or (iii) for any purpose other than its intended use;
- impersonate any person or entity or access the accounts of other Service users;
- misrepresent your age, marital status, User Profile information or dating intentions;
- unless you are an authorized sponsor or other commercial partner of ours, use the Service for any commercial or non-private use;
- intentionally interfere with or damage operation of the Service, Platform or Site;
- attempt to gain unauthorized access to the Platform, Site or Service, or any part of these, other accounts, computer systems or networks connected to them, or any part of these;
- post any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation;
- solicit, collect or store (or attempt to) personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
- post, store, send, or disseminate any material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
YOUR LICENSE TO US
You hereby grant to us, to the extent necessary for us to (i) provide the Service to you and/or (ii) as part of our marketing and/or promotional efforts in relation to the Service, to, a royalty-free, fully paid up, perpetual, worldwide, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display any User Content.
You hereby represent and warrant to us that: you own the User Content posted by you on or through the Service or otherwise have the right to grant this license; and the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Service.
SCOPE OF OUR LICENSE TO YOU
The Service is licensed, not sold, to you for use only under the terms of this Agreement. This license granted to you is limited to a non-transferable license to use the Service on any compatible device that you own or control and as permitted herein. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original version of the Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Open Source Software
Certain items of software used in the Platform may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms of any applicable end user license for the Open Source Software. If required by any such license, Ona makes such Open Source Software, and Ona’s modifications to that Open Source Software, available by written request.
If anyone brings a claim against us related to your actions, content or information on the Service or Platform (which includes any action, content or information occurring from your account) and/or in relation to any activity you undertake as part of or resulting from your use of the Service or Platform (including but not limited to your interactions with any Service Providers and/or Match partners), you will indemnify and hold us (including our affiliates and any of our and their investors, officers, directors and employees) harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals about our Service or otherwise, including any that may be included as part of comments or other public areas of the Service ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
THIRD PARTY MATERIALS AND SITE LINKS
You understand that within the Service you may encounter content uploaded by our Service Providers or by other users in any commentary or similar social areas that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Ona shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
We may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By accessing or using the Service, You acknowledge and agree that Ona is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. If you click through any links or use widgets that lead you to third party sites or applications, you understand and agree that (i) Ona does not endorse such sites and apps and is not responsible for their content, and (ii) such sites and apps will be governed by their own terms and conditions and privacy practices, which you should review.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO YOUR INTERACTION (ONLINE OR IN PERSON) WITH ANY SERVICE PROVIDERS AND/OR MATCHES, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS ANDWITHOUT WARRANTY OF ANY KIND. ONA HEREBY DISCLAIMS ANY OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOREGOING, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ONA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING ANY SERVICES OFFERED THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL ONA BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE CAUSED BY YOUR INTERACTION WITH A SERVICE PROVDIER, ANY MATCH OR ANY OTHER PARTY INTRODUCED TO YOU BY A SERVICE PROVDIER, IN ANY WAY, INCLUDING BUT NOT LIMITED TO ANY TORTIOUS OR ILLEGAL BEHAVIOUR BY A SERVICE PROVIDER, A MATCH OR ANY SUCH PARTY, ANY PHYSICAL OR MENTAL HARM COMMITTED BY ANY SUCH PARTY AND/OR YOUR RELIANCE ON ANY ADVICE, INFORMATION AND/OR MATERIALS PROVIDED BY A SERVICE PROVIDER.
UNDER NO CIRCUMSTANCES WILL ONA BE LIABLE FOR THE FAILURE OF ANY BACKGROUND CHECK OR OTHER DILIGENCE THAT IT MAY CONDUCT AND/OR THE FAILURE OF A SERVICE PROVIDER TO CONDUCT A BACKGROUND CHECK OR OTHER DILIGENCE, EVEN IT WAS SUPPOSED TO OR COMMITTED TO BUT DID NOT.
TO THE MAXIMUM EXTENT PEMITTED BY LAW, IN NO EVENT SHALL ONA’S (INCLUDING ITS AFFILIATES AND THEIR OFFICERS, EMPLOYEES, DIRECTORS AND INVESTORS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED AN AMOUNT THAT IS EQUAL TO THE GREATER OF (I) THE AMOUNT YOU PAID TO ONA AS PART OF THE SERVICE OR (II) $50.00.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ONA’S (INCLUDING ITS AFFILIATES AND THEIR INVESTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NO PERSON ACTING ON ONA’S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.
Rules For, Contests, Sweepstakes and other Promotions
“Ona” the Ona logo and any other Ona names, logos or slogans that may appear on the Service and Site are trademarks of Ona and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Ona” or any other name, trademark or product or service name of Ona without our prior written permission. In addition, the look and feel of the Site and Service, including, without limitation, all recipes, page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Ona and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or Service, including those of any Tastemakers are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: (a) A physical signature of the person authorized to act on behalf of the owner of the copyright; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Services; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Copyright Agent: General Counsel, ONA Connect, LLC, 118 West 22nd Street, 3rd floor, New York, NY 10011. email DMCA onadates.com, subject line “DMCA TAKEDOWN NOTICE.”
Waiver of Subrogation
You waive any rights your insurance company may have to be reimbursed by Ona or its representatives for money paid to you or on your behalf.
If any provision of the terms of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Ona may, in its sole discretion, subcontract for the provision of services under this Agreement and/or with regard to the development, maintenance and operation of the Service or any components thereof. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Ona to provide any service set forth herein to you, and bind you to such subcontractor(s) with the same force and effect as they bind you to Ona.
DISPUTE RESOLUTION; ARBITRATION; NO CLASS ACTIONS
To seek arbitration or to file a small claim court action against Ona, you must first send to Ona, by certified mail, a written notice of your claim, including a description of the basis for the claim and the relief being sought, to: General Counsel, ONA Connect, LLC., 118 West 22nd Street, 3rd floor, New York, NY 10011. If we initiate arbitration, we will send a similar written notice to the email address used for your membership account. Following either party’s receipt of such a written notice, the parties agree to first use reasonable efforts to reach an amicable resolution to the claim. However, if the parties cannot reach an agreement to resolve the claim within 30 days after the notice is received, you or Ona may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. You can also write to Ona (including by submitting a request with your written notice for the dispute) and we will provide them to you. The arbitrator will be bound by the terms of this Agreement. All issues will be for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the parties agree otherwise, any arbitration hearings will take place within 100 miles of your residence.
YOU AND ONA 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, unless both parties 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. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND ONA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of the Service. All claims arising out of or relating to the terms of this Agreement or the Service, to the extent not arbitrated or resolved in small claims court as required herein, will be litigated exclusively in the federal or state courts of New York, sitting in New York County, and you and Ona consent to personal jurisdiction in those courts.
For specific Service support issues, you may contact us at support
. We do not guarantee that we will respond to any emails in a way that satisfies you or at all.