Terms of Use
OneWall Terms of Use
The following Terms of Use (the “Terms”) set forth the terms, conditions, and rules that govern your use of any website and online service owned, licensed, or provided by OneWall Management (collectively, the “Company,” “we,” “our,” or “us”), including any content, offerings, products, materials, functionality, and/or services offered through this website or any other website that the Company owns or makes available to you (collectively, the “Online Services”).
PLEASE READ THE TERMS CAREFULLY AS THEY FORM A BINDING CONTRACT BETWEEN YOU AND THE COMPANY; THE TERMS INCLUDE, AMONG OTHER PROVISIONS, IMPORTANT CLAUSES AND CONDITIONS REGARDING LIABILITY, DAMAGES, AND MANDATORY ARBITRATION.
By accessing the Online Services, you hereby represent and warrant to the Company that you (i) are at least eighteen (18) years of age, (ii) have full right and authority to enter into the Terms, and (iii) agree to be bound by, and comply with, the Terms without limitation or qualification. If you violate any of the provisions in the Terms, your permission to use the Online Services automatically terminates and we reserve the right to hold you liable for any loss, damage, or harm arising from the same. The Terms should be read in conjunction with our Privacy Policy, which is incorporated into and forms an integral part of, the Terms. If you do not agree to the Terms or our Privacy Policy, you must not access or use the Online Services. For the avoidance of doubt, your use of the Online Services constitutes your acceptance of the Terms.
1. Ownership
As between the Company and you, the Company owns any and all aspects of the Online Services. Subject to your compliance with the Terms, we hereby grant you a limited, personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Online Services. Our Online Services may automatically download and install security or other updates without prior notification to you. The Online Services may include components that are provided by a third party (“Third-Party Application”), or that are subject to an open-source license agreement or any other license that is approved by the Open Source Initiative (each individually, or collectively, referred to as “Open Source Component”). Any use of Third-Party Application or Open Source Component by you shall be solely governed by the terms and conditions of the applicable Third-Party Application license or open source license(s) and not by the Terms. When appropriate, the applicable licenses shall be set forth in the “about” file in the Online Services or otherwise made available by us.
2. Access to the Online Services
3. Account Registration; Privacy Policy
To access portions of the Online Services, you may have to furnish the Company with certain personal information and other data. It is a condition of your use of the Online Services that all personal data and information you provide to the Company is accurate, current, and complete. You agree that all personal information you provide to the Company is subject to our Privacy Policy, and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other information as part of our registration or our security procedures, you acknowledge and agree that such information shall be considered confidential, you will implement and maintain commercially reasonable security measures to safeguard and protect such information, and you must not disclose such information to any other person or entity, unless required by law or at our direction. You agree to notify us immediately (and in any event within forty-eight (48) hours) of any unauthorized access to or use of your username or password or any other breach of security with respect to the Online Services or our business. Without limiting the generality of the foregoing, you also agree that you will not log-in to your account on any computer or device that is available to the general public or “shared” with a third party and that you will exit from your account at the end of each session. We have the right to disable any username, password, or other identifier used to access the Online Services, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason.
4. Securities; Forward-Looking Statements
We are not providing investment advice through the Online Services. The material on the Online Services should not be regarded as an offer to sell, or a solicitation of an offer to buy, any of our securities, or the securities of our affiliated companies. If you decide to use any information or material available on the Online Services in assessing whether to buy or sell our securities, please be aware that the information or material on the Online Services may reflect past performance and historical information, and that such performance and information is not necessarily an indication of future performance. FOR THE AVOIDANCE OF DOUBT, WE CAUTION YOU THAT STATEMENTS INCLUDED ON THE ONLINE SERVICES THAT ARE NOT A DESCRIPTION OF HISTORICAL FACTS MAY BE FORWARD-LOOKING STATEMENTS. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they were made. The inclusion of forward-looking statements should not be regarded as a representation or warranty by us that any of our plans will be achieved. Actual results may differ materially from those set forth on the Online Services due to the risks and uncertainties inherent in our business. For information about the risks and uncertainties that the Company and its affiliates face and a discussion of their financial statements and footnotes, see the periodic public filings, if any, made by such entities with the U.S. Securities and Exchange Commission. All forward-looking statements are qualified in their entirety by this cautionary statement and we undertake no obligation to revise or update the Online Services to reflect events or circumstances after information is posted on the Online Services, even if new information becomes available in the future. You acknowledge and agree that you have read, understood, and agree with our General Disclaimer.
5. Third Party Websites
6. Compliance with Laws
7. Disclaimer
8. Limitation of Liability
THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS (“COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) OR THE RELIANCE ON INFORMATION CONTAINED THEREON, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. TO THE EXTENT THE AFOREMENTIONED LIMITATION OF LIABILITY IS NOT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATING TO THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) OR THE RELIANCE ON INFORMATION CONTAINED THEREON EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
9. Prohibited Uses
10. Communications
11. User Responsibilities, Feedback, and Submissions
You agree not to use the Online Services or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding the Online Services. However, we do not want any ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using the Online Services or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission, or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.