The content of this website is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. Do not use the information on this website for diagnosing or treating any medical or health condition. If you have or suspect you have a medical problem, promptly contact your professional healthcare provider.
The Company reserves the right to change, modify, add to, or otherwise alter these Terms and Conditions at any time, or to impose new conditions, change or discontinue any aspect or feature of the Site including, but not limited to, adding fees and charges for use, or changing content, hours of availability or equipment needed for access or use at any time and without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Any use of the Site by you after the posting of such changes, modifications, additions or deletions shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. If you do not agree to any of these terms, then please do not use the Oneder platform.
You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act (COPPA), where applicable, which requires parental consent for online collection of personal information from children under 13. You understand and acknowledge that the Company does not do so and has no obligation to do so.
As a condition to your continued use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content (defined below) or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Company, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
All inquiries, feedback, suggestions, ideas or other information you provide the Company (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant the Company full ownership of the Submission as if the Company had created, developed and posted the Submission for its own purposes. The Company reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as its sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and the Company may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify the Company for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
The Oneder platform permits the submission of content or communications submitted by you and/or other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any submissions.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, 7 Times Square, Suite 2900, New York, New York, 10036; email: firstname.lastname@example.org. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. The Company suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Oneder customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ITS PARENT OR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “ONEDER PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANYTHING ON THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE COMPANY, THE ONEDER PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE COMPANY, NOR THE ONEDER PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE ONEDER PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, the Company’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You hereby acknowledge that the provisions of this section shall apply to all content on the Site. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any posting made on the Site by anyone other than authorized Company representatives acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Site. You are responsible for evaluating the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.
The Company strongly advises you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to health, financial or lifestyle information, opinion, advice or other content.
The Company does not endorse, warrant or guarantee any products or services offered through the Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The Company makes products or services available on the Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
The Company controls and operates the Company from its offices located in the State of New York, U.S.A., and the Oneder platform is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Oneder platform are presented solely for the purpose of providing services and promoting products available in the United States. The Company makes no representation or warranty that any Oneder platform, in whole or in part, or any products, services, or materials made available through the Oneder platform, are appropriate or available for use in other locations. Those who choose to access the Oneder platform from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
With respect to any access by the Company to any "education records" (as such term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. §1232, et seq. ("FERPA")) held by you or an Educator under or in connection with the use of the Oneder platform, the Company shall be acting as your legal agent ("school official"). As between you and the Company, any information protected by FERPA submitted to the Company by you in connection with your use of the Oneder platform shall be deemed your Confidential Information. The Company agrees to comply with FERPA and agrees not to share or disclose any FERPA protected information with any third party except as permitted by FERPA or as authorized or permitted by you.
You and the Company each represent and warrant to the other that we will comply with Children's Online Privacy Protection Act (“COPPA”) and the Children's Internet Protection Act (“CIPA”), to the extent such laws are applicable to the respective party's actions. You shall be responsible for establishing or requesting that the Company establish student accounts for access to the Oneder platform and shall ensure that it has obtained any necessary and appropriate consent from students to establish such accounts; the Company will not establish any student accounts except as directed by you and the Educator. The parties agree that the Company may rely on you to obtain the necessary and appropriate consent from students for such students' use of or access to the Oneder platform.
The Company posts user testimonials on the Site which may contain PII. We obtain the User’s consent via email prior to posting the testimonial. To request removal of your PII from a testimonial, contact us at firstname.lastname@example.org.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.