onetraction.vc is owned and operated by Twingco Inc. Its affiliate web sites and brand names including https://launchpad.technology (“We”, “Our”, or “Us”), provide this web site and its content (the “Site”) subject to the following terms and conditions (the “Terms”), which may change periodically. By accessing and using this Site including email services, you agree to these Terms. These Terms are governed by the laws of the United States of America and the State of Delaware without reference to the principle of conflict of laws thereof. Site use: you may not modify, reproduce, transmit, distribute, link to, disclose or post, any portion or all, of the Site contents without our prior written consent provided that you do not modify the Site Content in any shape or form and you retain all copyright and proprietary disclosures with notices displayed on the Site Content. We therefore hereby grant you a non-exclusive, non-transferable license for the term hereof to use, access, print or download, when authorized, one copy of the content displayed on the Site on any single computer solely for your personal use.
Customer Definition: All our services offered online or offline across the globe are intended for Business entities or organization only which include (Startup, Corporate, Venture Capital and Accredited Investors) along partners and services providers. None of our services are offered to the public or minors under the age of 18 years old and therefore forbidden to individual consumers and non-accredited investors. All ecosystem users who attended our events, gained advices or used our online services are deemed customers. Our Ecosystem comprise all our websites users including social media, mobile apps, LaunchPad and our events.
Customer Payment: all our services are provided against payment in USD, and none of our services are free. Deferred and contingent payments are extended to our customers in addition to membership fees.
Customer shall pay onetraction.vc for all Services ordered and/or received at the communicated prices or detailed in our program or services overview, subject to change in accordance with this Agreement. If Customer requires additional Services, additional fees will apply based on onetraction.vc rates, also subject to change in accordance with this Agreement. Unless otherwise stated, all fees are quoted in U.S. Dollars and exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and you are responsible for payment of all such taxes (other than taxes based on onetraction.vc income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement.
Unless otherwise stipulated during the Ordering Process, payment for Services will be made via a charge to the Customer credit card, charge card, check, Paypal or bank account wire (the "Account") upon ordering of the Services. by submitting an order for processing, Customer authorizes onetraction.vc to charge the order to the Account or to otherwise immediately bill Customer for the Services. Customer acknowledges and agrees that all recurring fees referenced or otherwise related to the Services are to be billed and prepaid prior to our services. Customer is obligated to pay for the full amount of services received, even if such full amount is scheduled to be paid upon receipt of our invoice. If Customer elects to pay for the Services upon receipt of invoice, payment must be received on or before the applicable due date.
Without limiting any of onetraction.vc rights hereunder, should any fee payment become delinquent, onetraction.vc may suspend or cancel the Services; however charges will continue to accrue in accordance with the Term of this Agreement and price of Services. onetraction.vc may bill an additional charge to reinstate a suspended Customer account. Client acknowledges and agrees that onetraction.vc is not responsible whatsoever for any effect the suspension of Services might have on the Services or the results or effectiveness thereof. If onetraction.vc provides any Service discount to Customer and Customer defaults on its payments or obligations as outlined herein, onetraction.vc may rescind all discounts and require full payment for the Services. onetraction.vc reserves the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default.
On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at onetraction.vc request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $15.00 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (i) late payment, (ii) payment with insufficient funds, (iii) denied or invalid credit card number, or (iv) the restarting of Services terminated for nonpayment.
CUSTOMERS (Include events business users with full discounts and accepted Applicants into our accelerator program), UNDERSTANDS AND AGREES THAT ALL onetraction.vc FEES AND CHARGES ARE NONREFUNDABLE AND THAT onetraction.vc MAY CHANGE ANY FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER VIA OUR WEBSITE OR EMAIL. THE DELIVERY OF OUR SERVICES IS VIA ONLINE PLATFORM, EMAIL, PHONE CALL OR ONSITE MEETING, CUSTOMER AGREE THAT BY ATTENDING OUR INITIAL COMMUNICATION IS A CONFIRMATION OF RECEIPT OF SERVICE TO WHATEVER PROGRAM THEY SUBSCRIBED AND WAIVE THEIR RIGHT FOR PARTIAL REFUND IF THEY DECIDE NOT TO PURSUE THE PROGRAM AT ANY TIME DURING THE DURATION OF THE PROGRAM. onetraction.vc RESERVE THE RIGHT TO REMOVE FROM THE ANY PROGRAM AND WITHOUT ANY REFUND, ANYONE WHO FAIL TO FOLLOW OUR GUIDLINE, INCLUDING BUT NOT LIMITED TO NO-SHOW FOR THE WEEKLY SCHUDULED COOMUNICATION, UNPROPER BEHAVOR AT OUR PARTNERS OFFICE SPACE OR HOUSING, ALONG ANY ACT OF DISPARAGEMNT AGAINST onetraction.VC, ITS TEAM, ADVISORS, MENTORS, CLIENTS OR ANY THRID PARTY AFFILIATES.
If Client pays for the Services by Paypal, Bank wire, credit card or charge card, check, or any other online payment service, Client permanently and irrevocably waives any and all right to enact a ‘chargeback' (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against onetraction.VC. Any fee that result from the charge back would be billed to the customer along all related legal fee when application, and if not paid within 10 days would be send to third party collection service without further notice.
Please choose carefully the information you post on onetraction.vc and which you provide to other Members. Any posting, content, or photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other onetraction.vc Members via our platform (for instance, in their profile) may not contain inaccurate, inappropriate or offensive material, products or services and onetraction.vc assumes no responsibility, nor liability for this material. onetraction.vc reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability or refund of the paid subscription. By participating in onetraction.vc event, you agree to release and hold onetraction.vc harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline onetraction.vc events.
Depending on the Services you elect to receive, you may also be responsible for establishing and maintaining a commercial relationship with a domain registrar, hosting company and financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between you and that entity and such terms may be more restrictive or place limits on your use of the Services and as such you should contact those entities for more information regarding such terms where applicable. Customer agree that in the case where no further communication or content is received by OneTracton.com within 10 business days from the order payment date, we consider that customer abandoned their project and our work would be considered complete, and non-refund is allowed under any circumstance.
Customer hereby represents and warrants as follows: Customer can form legally binding contracts under applicable law; Customer is at least twenty years old and is responsible for supervising the activities of any under-age user; to Customer's knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement; entering into this Agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Customer is a party; Customer has taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services; to the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and are empowered to bind Customer to this Agreement; Customer shall ensure the accuracy of materials provided to onetraction.vc, including, without limitation, Content, descriptive claims, warranties, guarantees, nature of business, and contact information for Customer; Customer shall acquire any authorizations necessary for hypertext links to third party websites used on the Website or otherwise in conjunction with the Services; to the extent Customer gathers any personal information about visitors to the Website, Customer shall not share that personal information with any third party without first obtaining a visitor's consent; Customer will not provide Content or other materials, or use the Services in any manner that infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right, and will further not use the Services as a mechanism designed to facilitate such infringement; and Customer's Content, other materials provided in conjunction with the Services, and use of the Services shall in all respects conform to all applicable federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders (including those governing the export of technical information).
Customer further represents and warrants that they will not provide or use any Content or other materials or use the Services or the Website in a manner deemed to be any of the following: encouraging illegal or criminal conduct; promoting, facilitating or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities; promoting or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; pornographic or obscene in any manner whatsoever; violent or encouraging violence; disparaging, defamatory, libelous, or results in an invasion of privacy; containing any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information; intentionally holding onetraction.vc or their employees, directors or stockholders up to public scorn, ridicule, or defamation; or stating or implying that the Website is placed by onetraction.vc or any party with a contractual relationship with onetraction.vc, or that such parties endorse Customer's products or services.
Unless otherwise expressly stated herein, you will be solely responsible for the development, maintenance and operation of the Website, MVP (minimum viable product), including accepting, processing and filing customer orders generated through the Website or email, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through the Website. You agree that onetraction.vc has no obligation to back-up any data related to the Website's operations and you should independently take appropriate steps to maintain such data in accordance with your needs and requirements. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the Content on the Website, regardless of whether onetraction.vc provides any design or customization Services to you under this Agreement, including all descriptions of the products and services you offer to customers of your Website and user-generated content on and related to your Website. When acting as a conduit, onetraction.vc will give you discretion over your Content provided it is compatible and interoperable with any Services or onetraction.vc software provided under this Agreement ("Software"). You retain all rights, title and interest in and to all intellectual property rights embodied in the Content, exclusive of any Content provided by onetraction.vc. Customer further knowledge and agree that all additional advisory services provided by onetraction.vc does not include any guarantee to their outcome and are simply based on best practices gaps assessment and remediation, which rely on the customer to complete their implementation and full execution.
You acknowledge that, when providing you with the ability to publish and distribute your own or third party products, services or Content on the Website, onetraction.vc and its Software are acting only as passive conduits for the publishing and/or distribution of such products, services or Content. onetraction.vc has no obligation to you or any third party, and undertakes no responsibility, to review the Website, the products or services listed therein or any other Content, including but not limited to user-generated Content, published and/or distributed on the Website to determine whether any such product, service or content may incur liability to third parties. Except as otherwise stated in the Agreement, Customer is to be considered the owner of all Customer Content, including content that we help copywrite or post online on your behalf. During the period that onetraction.vc provides Services to you pursuant to this Agreement, you hereby grant to onetraction.vc and its subcontractors a limited, non-exclusive, royalty-free, worldwide license to copy, reproduce, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit the Website and the social page content solely for the purpose of rendering the Services hereunder. You also acknowledge and agree that onetraction.vc reserves the right to use your domain name and Website screen shots in onetraction.vc portfolio and/or other advertising and promotional materials as provided for above, additionally you agree not to remove design by onetraction.vc credit, listed on your website footer.
In the event that Customer posts Content or allows its users to upload Content onto a Website, Customer agrees to designate a copyright agent under the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C 512(c)(3) for further detail). In the event that a copyright holder contacts onetraction.vc copyright agent under the DMCA, Customer acknowledges and agrees that onetraction.vc may take all necessary action as required under the DMCA in its sole discretion, including removing Content from Customer's website. Except as expressly allowed under this Agreement, you will not, either directly or through a third party, transfer your interest in and to the Website to any third party without the express written consent of onetraction.vc and third party owners.
Provided Customer is not in breach of this Agreement or any of the representations and warranties contained herein, and provided Customer pays the applicable fees, Customer may do the following subject to the restrictions set forth in this Section (upon termination of the Services or this Agreement all Customer rights and licenses in and to the Images shall immediately terminate): incorporate the Images into your own original work and publish, display and distribute your work on the Website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or webpage. For example, the Images may be used as part of a webpage design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, Customer may be provided with copies of the Images (including digital files) as part of work product, but Customer is not permitted to use the Images separately or as part of any other product; back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information; and in the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed.
Customer may not: create scandalous, obscene, defamatory or immoral works using the Images, nor use the Images for any other purpose which is prohibited by law; use the Images or any part of it as part of a trademark, service mark, or logo. onetraction.vc and those third parties from whom they have licensed images retain the full rights to the Images, and therefore Customer cannot establish their own rights over any part of the Images; remove any copyright or trademark from any place where it appears on the Images or its accompanying materials; rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity without the express written consent of onetraction.vc; transfer the rights to the Images or website design, accompanying materials or storage media for the Images or the website, except as specifically provided for in this Agreement. All other rights are reserved by onetraction.vc and those third parties from whom onetraction.vc has licensed images; reverse engineer, decompile, or disassemble any part of the Images or website, accompanying materials or storage media for the Images or website, subject to applicable law; copy or reproduce the Images or website, accompanying materials or storage media for the Images or website; re-sell, distribute or sub-license the Images or the website, storage media for the Images or website, or the rights to use the Images or website to anyone for any purpose, except as specifically provided for in this Agreement; or use the Images or the website in any way that could be considered defamatory, libelous, pornographic, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. Customer agrees not to use Images or the website as part of any use involving sensitive subject matter, as determined by onetraction.vc in its sole discretion, including but not limited to the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental ailments, alternative lifestyles issues, and physical or mental abuse, without advance written consent from onetraction.vc and any model in such Image. Sensitive subject usage pertains to both commercial and editorial uses.
Non-Disparagement: Users, Customers, Advisors, Mentors, Employees, Partners and Vendors shall not at any time make any statement to the public or third party, written or oral, that disparages any of the COMPANY or COMPANY’s affiliates, Board Members, Management, or agents, or is likely to be harmful to the goodwill, reputation, or business standing of any of the COMPANY or COMPANY’s affiliates, Management, or agents, provided that he/she may respond accurately and fully to any question, inquiry or request for information when required by legal process. Additionally, users, customers, Advisors, Mentors, Employees, partners and vendors should not use the COMPANY name or its officers’, MANAGING PARTNERs’, employees’ and vendors’ names for any advertising, blogging, social networking or news release without written approval from the COMPANY CEO.
Proprietary Rights: onetraction.vc owns and retains all proprietary rights in all its Sites, mobile application, and the proprietary methodology of our professional advisory service. The Sites contains copyrighted material, trademarks, and other proprietary information of onetraction.vc and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Copyrights: All Content or functionality made available on this Site, including selection and arrangement thereof, are the exclusive property of onetraction.vc and its respective owners or licensors, and is protected by U.S. and international copyright laws.
Infringement Notice: We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of onetraction.vc to terminate user privileges of any person who repeatedly infringes copyright upon prompt notification to onetraction.vc by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact us by giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with Digital Millennium Copyright Act ("DMCA") Policy and 17 U.S.C. §512(c) (3)). U.S. law provides significant penalties for submitting such a statement falsely “including damages costs and attorney’s fees”. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact, for submission of notices under this section only, are either you can use contact us form from within our site, or mail us at: 1521 Concord Pike Suite 303, Wilmington. DE 19803
Trademarks: You agree that you will not use or refer to any information on this Site in any public communication medium; for promotion, advertising, informing or influencing any third party and that you will not imply any endorsement by or relationship with OneTraction. Company nor reproduce any trademark, logo, design, service marks, or other trademarks displayed on this Site. All Content on this Site is the registered and unregistered trademarks of onetraction.vc and its respective owners or licensors.
Disclaimers: You hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such submissions. We do not and cannot review all information posted to the Site by users and we are not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason, and without prior notice. Some of our partners and advertisers provide throughout our sites various links or sponsored contents, including the ability to automatically affiliate their commercial links in search results. We want you to know that sometimes we get paid if you click one of those links and purchase a product or service. Regardless of this potential revenue, unless stated otherwise, we only recommend products or services relevant to our users. This disclosure is provided in accordance with the Federal Trade Commission's 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
onetraction.vc is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service provided, whether caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Service. onetraction.vc is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. onetraction.vc assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or communication. onetraction.vc is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any web site or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances shall onetraction.vc be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Service or from any Content posted on the Site or transmitted to customers, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "as is" and onetraction.vc expressly disclaims any warranty of fitness for a particular purpose or non-infringement. onetraction.vc cannot guarantee online up time of the Site or any section of it, and does not promise any specific results from use of the Site and/or the Service. onetraction.vc is not responsible nor guarantee delivery or quality of the service ordered through us from third party providers, which include law firm, technology development firm, marketing agency, office space and housing provider, etc. and our role is simply to conduct a referral and coordinate the payment, but exclude the execution and receipt of the service or product ordered, in case there is an issue CLIENT agree to solve them directly with the provider and exclude onetraction.vc from any claim and litigation that may arise from having their relation with the respective provider.
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. WE AND OUR THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. NEITHER WE NOR OUR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT HEREIN ENGAGED IN RENDERING ANY ADVICE OR SELLING PRODUCTS TO YOU.
LIMITATION OF LIABILITY: IN NO EVENT SHALL onetraction.vc BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF onetraction.vc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, onetraction.vc LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID TO COVER THE FRACTION OF LOST SERVICE, IF ANY, BY YOU TO onetraction.vc FOR THE SERVICE DURING THE TERM OF THE SERVICE.
Press Coverage Agreement: you agree by using our services or working with us or any of our portfolio startups in any capacity that support our services (Startup Applicants, Members, Mentors, Investors, Partners, Events Guest and Speakers, Venue Hosts, Sponsors, etc), that you consent to be featured in our websites, future events, social pages and media coverages without any additional consent and forever, even when requested in writing to terminate our relationship we still hold a right to feature you based on past relationship.
(b) You agree to provide OneTraction with accurate and truthful registration information, including, but not limited to, Your name, address, telephone number, and email address to keep Your registration information current during the Service Period as defined above.
You will be responsible for maintaining and protecting the confidentiality of all OneTraction Account information provided by You, and will be fully responsible for all activities that occur under such OneTraction Accounts, (except for any activities carried out by or expressly authorized by OneTraction).
You shall be solely responsible for Your conduct related to the Service. You specifically agree that You shall abide by and cooperate with OneTraction to enforce and/or prevent potential violations of the Digital Millennium Copyright Act and any other similar legislation to which You are subject, such as in the European Union the national implementations of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. In the United Kingdom these are contained in the Copyright, Designs and Patents Act 1988.
U.S. Government Restricted Rights. For United States Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
Export Regulation. You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") is subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All OneTraction product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. USE OR FACILITATION OF ONETRACTION PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
This Section applies to U.S. consumers only and is not applicable to consumers in other countries.
OneTraction believes that most disagreements can be resolved informally and efficiently by contacting OneTraction customer support. If You are a U.S. customer, and the dispute is not resolved through OneTraction customer support, You and OneTraction agree that any such dispute, claim or controversy arising out of or relating in any way to the Software and Services or this License Agreement (a “Claim”), shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction, as follows:
Arbitration: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this License Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and OneTraction are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this License Agreement and/or the termination of Your OneTraction product license.
Arbitration Proceedings: If You and OneTraction do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or OneTraction may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
Arbitration Fees: Standard AAA Rules will govern the payment of all AAA fees, including filing, administration and arbitrator fees.
Class Action Waiver: YOU AND ONETRACTION 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, if You have elected arbitration, unless both You and OneTraction 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. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Onetraction.vc is dedicated to providing a harassment-free and inclusive event experience for everyone regardless of gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category. We do not tolerate harassment of event participants in any form. Onetraction.vc takes violations of our policy seriously and will respond appropriately.
All participants of Onetraction.vc events must abide by the following policy:
1. Be excellent to each other. We want the event to be an excellent experience for everyone regardless of gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category. Treat everyone with respect. Participate while acknowledging that everyone deserves to be here -- and each of us has the right to enjoy our experience without fear of harassment, discrimination, or condescension, whether blatant or via micro-aggressions. Jokes shouldn’t demean others. Consider what you are saying and how it would feel if it were said to or about you.
2. Speak up if you see or hear something. Harassment is not tolerated, and you are empowered to politely engage when you or others are disrespected. The person making you feel uncomfortable may not be aware of what they are doing, and politely bringing their behavior to their attention is encouraged. If a participant engages in harassing or uncomfortable behavior, the event organizers may take any action they deem appropriate, including warning or expelling the offender from the event with no refund. If you are being harassed or feel uncomfortable, notice that someone else is being harassed, or have any other concerns, please contact a member of the event staff immediately.
3. Harassment is not tolerated. Harassment includes, but is not limited to: verbal language that reinforces social structures of domination related to gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category; sexual imagery in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other events; offensive verbal language; inappropriate physical contact; and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately.
4. Practice saying "Yes and" to each other. It’s a theatre improv technique to build on each other’s ideas. We all benefit when we create together.
This policy extends to talks, forums, workshops, codelabs, social media, parties, hallway conversations, all attendees, partners, sponsors, volunteers, event staff, etc. You catch our drift. Onetraction.vc reserves the right to refuse admittance to, or remove any person from, any Onetraction.vc hosted event (including future Onetraction.vc events) at any time in its sole discretion. This includes, but is not limited to, attendees behaving in a disorderly manner or failing to comply with this policy, and the terms and conditions herein. If a participant engages in harassing or uncomfortable behavior, the event organizers may take any action they deem appropriate, including warning or expelling the offender from the event with no refund.
Our event staff can usually be identified by special badges/attire. Our zero tolerance policy means that we will look into and review every allegation of violation of our Event Community Guidelines and Anti-Harassment Policy and respond appropriately. Please note, while we take all concerns raised seriously, we will use our discretion as to determining when and how to follow up on reported incidents, and may decline to take any further action and/or may direct the participant to other resources for resolution.
Event staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or otherwise assist those experiencing discomfort or harassment to feel safe for the duration of the event. We value your attendance.
Exhibiting partners, sponsors or vendor booths, or similar activities are also subject to this policy. In particular, exhibitors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment. Participants and exhibiting partners or sponsors disobeying this policy will be notified and are expected to stop any offending behavior immediately.
Harassment at events and in online communities is unfortunately common. Creating an official policy aims to improve this by making it clear that harassment of anyone for any reason is not acceptable within our events and communities. This policy may prevent harassment by clearly defining expectations for behavior, aims to provide reassurance, and encourages people who have had bad experiences at other events to participate in this one.
This policy is licensed under the Creative Commons Zero license.
This policy is based on and influenced by several other community policies including: Ohio LinuxFest Anti-Harassment policy, Con Anti-Harassment Project, Geek Feminism Wiki (created by the Ada Initiative), ConfCodeofConduct.com, JSconf, Rust, Diversity in Python, and Write/Speak/Code.