This Terms of Service Agreement (“Agreement”) covers the scope of your use and access to the One Avenue (“ONEAVE”) website (“Site”) located at www.oneavenue.com and virtual private networking (“VPN”) services (“Service(s)”). By visiting the Site, purchasing a subscription, and/or using the Services, You (“You” or “Subscriber”) (“One Avenue” and “Subscriber” collectively known as “Parties”) acknowledge that you have read the Agreement, fully understand the terms and agree to be bound by all of the terms of the Agreement.
Annotations to the right of the Terms of Service are not legally binding and are summary descriptions of the Terms of Service language for your easier access and understanding.
This document is an agreement that you agree to by accessing the Private Internet Access VPN service.
This document is an agreement that you agree to by accessing the Private Internet Access VPN service.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN “BINDING INDIVIDUAL ARBITRATION” SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND One Avenue, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “One Avenue ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING INDIVIDUAL ARBITRATION” SECTION.
This is a legal agreement that includes clauses that give you the right to settle a dispute out of court.
Subscriber affirms that they are more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with all of these terms contained herein.
If you are not an adult you must receive permission from a parent or legal guardian.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate the Services for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use the Site or Services.
ACCEPTANCE By using and/or visiting the One Avenue Site or Services, Subscriber agrees in full to all of the terms provided herein, the terms and conditions of One Avenue’s Privacy Policy, and the One Avenue Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the “Agreements”). By entering this Site and/or subscribing to the Services, Subscriber agrees to be bound by these terms and conditions. If the Subscriber does not agree to be bound to the terms and conditions contained herein, then access to the One Avenue Site and/or its Services is prohibited.
You need to agree to the complete Terms of Service to gain access to the One Avenue service.
LICENSE One Avenue grants you a limited, revocable, non-transferable, non-exclusive license to access an account for your personal, private, commercial, non-transferable, limited uses solely as set forth herein to use the Services and download and use the software offered by One Avenue as set forth in any additional documentation and/or agreements applicable to the Services accessed by You. All intellectual property rights for the One Avenue software, mobile applications, and the One Avenue website are owned by One Avenue LLC. and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the One Avenue Site unless you fully agree to be bound by all of the terms of this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to One Avenue content. Your rights are subject to your compliance with this Agreement as well as any other agreements applicable to One Avenue. New or future services that may be offered by One Avenue will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN Services only and do not include any other services herein.
You are purchasing access to a license that gives you the right to use the One Avenue service.
CHANGES TO THIS AGREEMENT Client understands that the present Agreement is subject to changes made by One Avenue at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to this Agreement. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, One Avenue shall notify you in advance of the changes by reasonable means, which may include notification through the Site or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.
The Terms of Service may change, so it is important to review this webpage periodically.
This Agreement shall apply to all users of One Avenue whether a ‘visitor,’ ‘commercial user,’ a ‘subscriber,’ or a ‘client’ and you are only authorized to use One Avenue if you agree to abide by all applicable federal and state laws and be legally bound by all of the terms of this Agreement.
CONDUCT You agree to comply with all applicable laws and regulations in connection with use of the Services. You must also agree that you and any other user that you have provided access to will not engage in any of the following activities:
You must conduct yourself in a way that would not violate these rules of conduct.
- Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
- Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
- Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the content owner;
- Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
- Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
- Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to One Avenue;
- Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;
- Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals; or
- Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside.
EXPORT CONTROLS The One Avenue service offered as part of this Agreement is subject to all relevant United Nations resolutions or the trade or economic sanctions United States, European Union, United Kingdom export control laws and regulations and follows any sanction, prohibition or restriction placed therefrom (“Sanctions”). One Avenue makes no representation that this Site or the Services is appropriate or available for use in other locations outside the United States. By using this Site or the Services, you represent and warrant that: (i) you are not a Sanctioned person or currently the subject or target of any Sanctions or (ii) have taken any action, directly or indirectly, that would result in a violation of Sanctions or any Anti-Corruption Laws. ; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
Pay attention to import/export rules.
BREACH One Avenue abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates this Agreement.
We can disable your account if you break our rules.
Along with the ZERO TOLERANCE policy, Clients who materially breach this Agreement will have their account or a subscription removed without any refund. Additionally, Client understands that One Avenue expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.
Subscriber understands that One Avenue reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Agreement constitutes a material breach of contract, and may result in one or more of the following actions:
- Issuance of a warning;
- Immediate, temporary, or permanent revocation of your One Avenue account with no refund;
- Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
- Independent legal action by One Avenue as a result of a breach; or
- Disclosure of such information to law enforcement authorities as deemed reasonably necessary.
One Avenue reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your One Avenue account or subscription has been suspended, please contact us.
SERVICE LEVEL AGREEMENT Service coverage, speeds, locations and quality are not guaranteed. While One Avenue will make every attempt to maintain the Services availability at all times, the Services may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. One Avenue does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.
Sometimes hardware malfunctions – we will do our best to have 100% uptime.
Additionally, we may impose usage limits to the Services, suspend or block services, or cancel any and all Services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.
We make no guarantee that the Services will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.
MULTIPLE ACCOUNTS Multiple accounts may be purchased in bulk from One Avenue. You understand that by purchasing multiple accounts in bulk from One Avenue, you may be eligible for a discount which will be reflected at the time of purchase. Both the purchaser and the individual sub-account user is fully responsible for complying with all of these terms of service. At this time, you may not purchase any bulk account orders with different subscription lengths. If you purchase multiple accounts in bulk from One Avenue, you must pay using a credit card. No other forms of payment are accepted for bulk account purchases. You understand that all new codes for all bulk account purchases shall be sent to you via email where they can then be redeemed and activated.
CLIENT RESPONSIBILITIES As a client of One Avenue, you are responsible for:
- Maintaining the confidentiality and security of the account you are provided.
- Ensuring that subscriber connections to the One Avenue network are limited to no more than ten (10) simultaneous connections.
- Providing valid and accurate identifying information related to the user account.
- Liability for any use and/or abuse which occurs while you or any third-party is logged into the One Avenue service with your account credentials.
Please – Try and stay secure.
FEES You acknowledge that One Avenue offers a subscription service through one or more third party merchants. With each account you may have only one active subscription at a time. Payments will be charged on the day you sign up for Services and will cover use of that service for the duration of one (1) month, six (6) months, one (1) year, or two (2) years depending on the service level plan. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered “as-is” at the time of purchase. Future services offered by Private Internet Access, Inc., or its partners may not be included with the cost of the subscription. You may cancel the subscription at anytime; the account will remain active for the remainder of your billing cycle.
This is a subscription service. One Avenue reserves the right to change the fees at any time and at its discretion. Subscriber understands that One Avenue is not obligated to honor errors due to typographical errors and is not responsible for misinformation provided on third party websites or affiliates. Subscriber also understands that any gift-card based transactions for Services are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.
OUR RIGHTS One Avenue reserves the right to close your account at any given time without any given notice. While One Avenue will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date. We are allowed to notify you if we’re scaling back or shutting down.
Subscriber understands that One Avenue also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the One Avenue network.
Subscriber also understands that One Avenue for reasons beyond its control may shut down and terminate services. If One Avenue ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.
WARRANTIES Subscriber represents and warrants that all of the identifying information provided to One Avenue to use the One Avenue Site is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
You promise you are who you claim to be and you will respect our privacy policy.
As a condition to using the One Avenue Site or its Services, you must agree to all of the terms of One Avenue’s privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates. You acknowledge and agree that the technical processing and transmission of the Site may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by One Avenue with regard to its users may be disclosed in accordance with the One Avenue Privacy Policy.
WARRANTY DISCLAIMER SUBSCRIBER UNDERSTANDS THAT THE One Avenue SITE AND SERVICES ARE PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE One Avenue SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, One Avenue, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF. One Avenue MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,a
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY,
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
One Avenue DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND One Avenue WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU 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 FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT One Avenue SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Unless we specifically state as such, we make no warranties.
LIMITATION OF LIABILITY IN NO EVENT SHALL One Avenue, ITS OFFICERS, AFFILIATES, DIRECTORS, CONTRACTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE One Avenue SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT One Avenue IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT One Avenue SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our Liability to you is limited.
INDEMNITY Subscriber agrees to defend, indemnify and hold harmless One Avenue, its parent corporation, officers, affiliates, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Site and/or Services;
- your material breach of any term of this Agreement;
- your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or
- Any claim that your use caused damage or injury to any third party.
This defense and indemnification obligation will survive termination of this Agreement and Your use of the Site.
We are not liable for costs incurred by you for use of the service.
DISPUTE RESOLUTION Purpose. The term “Dispute” means any dispute, claim, or controversy between you and One Avenue regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this “BINDING INDIVIDUAL ARBITRATION” Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with One Avenue or any company, subsidiary, parent, vendor associated with One Avenue that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and One Avenue that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Disputes may be settled outside of court.
Exclusions from Arbitration. YOU AND One Avenue AGREE THAT ANY CLAIM FILED BY YOU OR BY One Avenue IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY One Avenue IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 5555 DTC PARKWAY SUITE 360 GREENWOOD VILLAGE, CO 80111, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR One Avenue ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH One Avenue THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY One Avenue SERVICE, YOU MUST SEND WRITTEN NOTICE TO P.O. Box 531746 Livonia, Michigan 48336, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: One Avenue.COM: DISPUTE RESOLUTION” TO GIVE One Avenue THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If One Avenue does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or One Avenue may pursue your claim in arbitration pursuant to the terms in this Section.
CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND One Avenue SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE PROCEEDINGS. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
No class action lawsuits.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or One Avenue elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by One Avenue, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with One Avenue as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to One Avenue. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or One Avenue may initiate arbitration in either Oakland County, Michigan or the United States county in which you reside. In the event that you select the county of your United States residence, One Avenue may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
ASSIGNMENT The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by One Avenue without restriction.
We may assign the terms of this Agreement in the event of a transaction.
SEVERANCE If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
If one part of this agreement is found to not apply, the rest of the agreement shall continue to apply otherwise.
CHOICE OF LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, county of Wayne, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Michigan, county of Wayne. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
The Parties choose the state of Michigan for choice of law.
If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the Services after completing payment and the account sign up process.
