OneAreWe, LLC. (“OneAreWe” or "we" or “us” or “our”) owns and operates the website, www.OneAreWe.com. The OneAreWe Site shall hereafter be referred to as “OAW”.  Any person or entity that accesses or uses OAW shall be defined as a User (“User” or “Users”).  Individuals that access and use OAW are often referred to on OAW as a neighbor (“Neighbor” or “Neighbors”) in keeping with our community-driven mission and are bound by the Terms and Conditions.  Businesses who have Offers on OAW (“Business” or “Businesses”) and Nonprofits who obtain donations from use of OAW  (“Nonprofit” or “Nonprofits”) are also Users of OneAreWe services and OAW.  Any User accessing OAW should understand their rights and responsibilities identified and described within these Terms and Conditions.  If you are using OAW on behalf of a business or nonprofit organization, you represent and warrant that you have authority to bind that business or nonprofit to all of the Terms and Conditions set forth herein. 

 

From time to time, OAW uses the term “Partner” to describe a Business or a Nonprofit User. The term “Partner” describes the business and nonprofit Users working together for the common good and in keeping with the OneAreWe mission. These entities are not partners of OneAreWe or each other in any legal sense.  OneAreWe and the Businesses and Nonprofits utilizing OAW  make separate and independent decisions regarding their operations and the use of OAW and have no legal rights to the operation of OAW.  Similarly, OAW has no legal rights to the operation of the Businesses and Nonprofits that use OAW.  OAW describes Offers (“Offer” or “Business Offer”) and Listings (“Listing” or “Neighbor Listing”) that businesses, individuals or nonprofit entities have chosen to market their products, goods, services, or experiences through OAW .

 

Users as defined above are responsible to know and agree to the Terms and Conditions set forth herein.

 

 

 

OneAreWe may at its sole discretion refuse to process a purchase, cancel a purchase, or limit quantities of purchases at any time for any reason.  OneAreWe does not provide advice, direction or guidance regarding health or wellness products or services. Users should seek the advice of physicians or other qualified healthcare professionals with any questions regarding any health or wellness products or services described on OAW. 

 

We value the satisfaction of OAW Users and work hard to provide a positive community-driven experience on our site. If you use an OAW Certificate before its promotional value expires and are dissatisfied with the product, service or experience, contact us within three-days of your use and we will attempt to contact the Business involved in the Offer and ask the Business to address your concerns. Your Certificate may be redeemed at the Business who issued it for at least the amount you paid for it, even if the promotional value has expired. Businesses that use OAW agree to honor this policy and ensure that at least the amount paid will be available to the purchaser to be applied to goods or services provided through the Business.  If the goods and services offered through OAW are no longer available through the Business, the Business agrees to attempt to identify like products or services and/or to refund the price paid for the purchase.

 

Additionally, any unredeemed Certificate may be returned to us within the first three-days of purchase for a refund of the amount paid. After three days, OneAreWe will not refund the amount paid for any Certificate.  Any goods purchased using a Certificate or through a Neighbor Listing cannot be refunded or returned through OAW.

 

 Businesses or Neighbors agree to resolve returns according to the policies of such Businesses and Neighbors and such policies are additions to and not a substitution for these Terms and Conditions. Users are responsible for understanding the return and refund policies of the Businesses and Neighbors appearing on OAW prior to making a purchase through OAW.  

All sales of tickets to live events are final.

 

 All customers of OAW that purchase Offers or Listings are responsible for understanding and adhering to additional terms and conditions and fine print described therein.

 

All nonprofit donations processed through OAW, whether through Business Offers, Neighbor Listings, or direct donations are not refundable after three days. However, a User of OAW may request a donation refund within three days of the date of the donation. OneAreWe will attempt to contact the Nonprofit to process the donation refund. Nonprofits that receive donations through OAW are required to honor this three-day donation refund policy.

 

 

OneAreWe owns OAW.   OneAreWe grants Users a limited, personal, nonexclusive, license to use OAW.  OAW, at its sole discretion, may  revoke any such license. All Users and Sellers grant OneAreWe an unlimited, fully paid license to use any and all content posted by Sellers or Users on the site.

 

 

As a condition of your use of OAW, you agree that:

 

●      You have reached the age of 18+(21 in Mississippi) and are able to create a binding legal obligation;

●      You are not barred from receiving products or services under any applicable law;

●      You will not attempt to use OAW with robots, data mining, crawlers or extraction tools or any other automated processes;

●      You will not use or provide to another User software or services that interact or interoperate with OAW except through functions that OAW designed for Users or for reporting;

●      You will use OAW at all times in compliance with these Terms and Conditions and Privacy Policy;

●      Your  purchases must comply with the terms of the respective Listings and Offers;

●      Buying or selling accounts are prohibited;

●      You will not make available any of our Application Programming Interfaces (“APIs”);

●      You will not copy, create or adapt derivative works of, decompile, reverse engineer, translate, localize, port or modify OAW content,, the API, any website code, or any software used to provide OneAreWe services;

●      You will not combine or integrate OAW or the API with any technology, services, software or materials not authorized by OneAreWe or circumvent any functionality that controls access to or otherwise protects OneAreWe, OAW or the API;

●      You will only make purchases on OAW for your own use and enjoyment or as a gift for another person;

●      You will not exceed or attempt to exceed the Offer’s quantity limits.

●      You have the right to submit any and all accurate, true information to OAW;

●      You will ensure that any information submitted to OAW it is accurate; 

●      You will only purchase Business Offers, Neighbor Listings, Products, Services or Experiences by creating a valid account. 

 

 

Any individual or business User that utilizes OAW to generate sales directly or through Offers (“Offers” or “Business Offers”) is a seller (“Seller”).  Certain Neighbors that offer “Listings” are also considered Sellers on OAW.

 

Neighbor Listings and/or Business Offers will accurately and lawfully describe their products, goods, services or experiences;

 

OneAreWe allows Users to either purchase goods, services, and/or experiences directly from Sellers through Neighbor Listings or to purchase Certificates that may be distributed by OAW through Business Offers.  

 

OAW does not directly sell any goods, services, experiences or Certificates and the Sellers are solely responsible to you for the care, quality, and delivery of the goods and services provided.  

 

Sellers are responsible for setting all prices and discounts on OAW.  Sellers are also responsible for omissions and/or errors in such prices. OneAreWe is not the agent or representative of any such Seller.  

 

All Offer donation amounts are set between the Business and Nonprofit through the OAW Offer Creation Process and are the responsibility of the Nonprofit.  All pledged donations are set solely by the Neighbor and are the responsibility of the Neighbor to process upon the completion of the sale.

 

OAW contains links to websites of Sellers, Nonprofits and Neighbors. We do not monitor, approve or endorse any content or opinions expressed through these websites. Users that decide to access websites linked through OAW do so at their own risk.  OneAreWe does not warrant the information on other sites and is therefore not responsible or liable for any harm, damages or losses associated with your use of those sites. OneAreWe does not research or investigate any Listings or Offers from Sellers.  

 

OAW does not warrant any Seller’s goods, services, or experiences nor does OAW validate or verify their quality or authenticity. All Listing and Offer content is the sole responsibility of the Seller.  However, OneAreWe reserves the right to ban any User and/or Seller at any time for any reason and to remove any and all Offers and Listing content from OAW without notice and without explanation.

 

Sellers are responsible to acquire all licenses and regulatory approvals that may be required to provide the products, services and/or experiences offered on OAW.

 

 

OAW Certificates are not redeemable for cash unless required by law. Certificates are redeemable for goods, services or experiences that the Businesses describe in Offers. The Business identified on the Offer is solely responsible for redeeming the Certificate and providing the goods, services and experiences associated with the Offer. These Business responsibilities include but are not limited to damages, costs, claims, injuries and losses in part or in full that may occur from purchase or use of the Certificates. (“Liabilities”)

 

As part of these Terms and Conditions all Business agree to hold OneAreWe and OAW harmless and release OneAreWe officers, directors, employees, partners, affiliates and agents from these Liabilities. The Certificates cannot be resold, traded or modified in any way. 

 

 If any Certificate or Neighbor Listing involves shipping or delivery of any kind, the Business associated with the Offer or the Neighbor associated with the Listing is solely responsible for the shipping or delivery and agrees to comply with all applicable rules, regulations and laws associated with the shipment or delivery. 

 

It is important for all Users to understand and agree to the following:

 

●      Certificates may be purchased as gifts and may be given to others for redemption

●      The Certificate’s promotional value may not be combined with other offers by the Business

●      The Certificate value does not cover tax

●      The Certificate value does not cover gratuity

 

By accessing the Certificate in any way, Users agree to these Terms and Conditions, and any additional terms described in the Certificate and those indicated within the Offer  at the time of purchase, including the fine print.

 

 

Users are limited to only one account on OAW.   Your account must contain a valid email address and password.   You may make purchases using a valid credit card. You are responsible for the creation and maintenance of your account and your account security and safeguarding your password. You are solely responsible for any purchases made through transactions on your account.

 

You have the option to include your personal information or additional account details in your account. 

 

OneAreWe does not charge transaction fees. However, Stripe (the payment processor) charges ~3.15% plus 30¢ for each sale on OAW plus ~$3.00/account per month. These Stripe fees are pass-through charges to businesses and nonprofits. The division of these charges are at the discretion of the business and the nonprofit for each OAW offer. Businesses and nonprofits may elect to (1) have the business pay these charges (2) have the  nonprofit pay for these charges or (3) to have the charges split consistent with the revenue split of the Offer.  Each Business and Nonprofit is responsible for these fees as delineated on OAW and any Stripe terms and conditions associated with these transactions. All donations to nonprofits driven through our Neighbor Listings also have this same fee passed through and charged directly to the nonprofit beneficiary associated with the Listing. Nonprofit users on their Account Profile page may opt-in or opt-out of receiving donations through these Listing services.

 

Your account is not transferable. You cannot sell your account or it’s access. If there are any violations of these Terms and Conditions OneAreWe may, at its sole discretion, cancel your account.  If your account is cancelled OAW may forfeit your Offers, Listings and/or any associated account benefits without notice.

 

All limitations of liabilities and disclaimers shall survive cancellation of your account. We reserve the right to extend, amend or end any OAW features or services at any time and at our sole discretion.  

 

 

OAW is a community-driven marketplace. Conduct on OAW and use of our services must be respectful. All interactions on OAW must comply with these Terms and Conditions. OneAreWE may cancel your access and/or pursue other legal remedies if your conduct, in our sole discretion, interferes with any other User 

 

The following activities are prohibited on OAW and constitute violations of these Terms and Conditions:

 

●      Violating any applicable laws;

●      Using or uploading viruses or malware on OAW;

●      Using or downloading any copyrighted, trademarked, confidential, or private information that you do not own unless you have the express permission of the owner;

●      Using or uploading any copyrighted, trademarked, confidential or private information that you do not own unless you have the express permission of the owner;

●      Impersonating others;

●      Purporting to speak on behalf of OAW;

●      Sending group messages to OAW users;

●      Committing fraud, or falsifying information; 

●      Accessing data not intended for you;

●      Breaching or trying to breach OAW security or authentication; 

●      Attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” OAW;

●      Meta tagging without our express written permission; 

●      Diverting traffic from or tampering with OAW;

●      Aggregating and collecting Personal Information (See OneAreWe Privacy Policy);

●      Purposefully or inadvertently overloading our servers;

●      Exceeding or attempting to exceed our quantity limits when purchasing Business Offers;

●      Using any OneAreWe account to purchase Business Offers or Neighbor Listings for resale or for any other purpose not expressly permitted by these Terms and Conditions and the additional terms indicated on any OAW Offer;

●      Using any “robot” and/or “spider” and/or “scraping” or “harvesting” on OAW for any purpose;

●      Deep-linking to any page within OAW without our express written permission; or

●      Hyperlinking to OAW from any other website without our express written permission.

 

 

As a community-driven marketplace, we make reasonable efforts to keep OAW accessible.  However, OAW may be unavailable from time to time. You understand and agree that there may be interruptions in service or access to OAW due to planned and unplanned events. OneAreWe is not liable to any User for any damages or harms due to interruptions in the services.

 

 

We reserve the right to discontinue or modify any part of these Terms and Conditions at any time and at our sole discretion. Whenever we make changes that affect your use of OAW or our services we may post notice of the change on the Terms and Conditions page. If you continue to use OAW after the change is posted, you shall be deemed to have accepted any changes made to these Terms and Conditions.  The changes will be in full effect upon posting on OAW. If you do not agree to the changes, you should close your account and stop using OAW immediately.

 

We take your privacy (defined in the OAW Privacy Policy) seriously. We encourage you to familiarize yourself with the OneAreWe Privacy Policy. Our Privacy Policy is incorporated in and subject to these Terms and Conditions.

 

By purchasing or donating through any Business Offer, Certificate or Neighbor Listing you agree to these Terms and Conditions.

 

 

OAW contains copyrighted material, trademarks, and other proprietary information owned by OAW.  All of these materials and the entire contents of OAW are protected by the intellectual property laws of the United States. You must not publish, distribute or modify any OAW content without the express written consent of OneAreWe.  Unless explicitly indicated within the OAW Offer or Listing Creation Process, Users must not download, copy, distribute, transmit, or publish any material.  Any authorized materials uploaded to OAW must be free of viruses, spam and malware.  Users are responsible for any damages to OAW if viruses, spam or malware interferes with the operations of OAW.  Users of OAW will not have any ownership rights by downloading OneAreWe materials or content. Violation may result in intellectual property right infringement that may lead to civil and/or criminal penalties.

 

OAW owns registered trademarks including OneAreWe, OAW logos and variations thereof found throughout OAW and other OneAreWe owned materials.  OneAreWe owns and uses all of these marks for the benefit of OAW. “ONE ARE WE” is a trademark registered in the United States of America. Other marks on OAW not owned by OneAreWe may be owned by a Business or Nonprofit. Use of marks or materials by OAW may be under license from the owner and if so, the use is limited to OAW. You may not use OneAreWe's name, logos or trademarks without the express written permission of OneAreWe.  You may not use the name, logos, or trademarks of a Business or Nonprofit utilizing OAW without the express written permission of such Business or Nonprofit.

 

All copyright and trademark laws will be strictly enforced and Users need to understand these restrictions. If you own trademarks, copyrights or patents and believe that a User has violated your rights, you must send written notice to OneAreWe, LLC..  Please, send an email to info@OneAreWe.com and to the attention of the “Marketplace Facilitator”.

If OneAreWe receives notice of a violation of intellectual property (IP) law including copyrights and trademarks, we shall have the right to take down any and all material related to these violations and terminate User access to OAW.

 

Pursuant to the Digital Millennium Copyright Act (DMCA), such notices must contain:

 

(i) the signature of the copyright owner or an authorized agent;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;

(iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit OAW to locate the material (or the reference or link);

(iv) a statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(v) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

 

 

In some cases, and through the normal use of the site, OAW may allow Users, with certain requirements, to create, submit and publish Offers, Listings, and other content or material through OAW  ("User Content").  Do not upload and/or contribute any User Content unless you specifically warrant and agree that you created such User Content or that you have authority from the creator to submit or publish such User Content, and that you have the authority to grant OneAreWe the right to use and share this User Content on OAW.  Furthermore, Users represent and warrant that any User Content that is uploaded or shared through OAW may be leveraged by OneAreWe in promotions, advertising, marketing, sales and through other public communications without violating or infringing any trademarks, copyrights or any other intellectual property rights.  Users also warrant that such User Content does not violate any Privacy rights.  Users are responsible for all Liabilities associated with OAW’s use of the User Content they upload and/or contribute to OAW. OneAreWe shall have the right in its sole discretion to remove or modify any User Content posted on OAW. OneAreWe reserves all rights to remove, block or limit access to any User Content on OAW.

 

OneAreWe provides community-driven services and endeavors to create a positive and respectful environment for all Users. In keeping with our mission, Users agree and warrant that they will not publish, upload or otherwise transmit User Content that is unlawful, harmful, abusive, harassing, racist, sexist, threatening, obscene, pornographic, violent, misleading, defamatory, injurious or libelous and that such User Content does not violate the privacy or any other rights of any third-party.

 

Users must know and acknowledge that User Content is public and readily accessible. Users should not share, upload or distribute personal information on OAW that they do not want to disclose to the public. OneAreWe takes no responsibility for the use or unintended disclosure of any personal information. All User Content including information that Users may deem as personal may be leveraged by OneAreWe.  OneAreWe assumes that any information on OAW is not private.  Therefore, Users through these Terms and Conditions agree and warrant that OneAreWe has the unlimited royalty-free right to publish, distribute, use or sell all information on OAW without compensation to Users.  

 

We do not accept or consider unsolicited ideas or any unsolicited materials of any kind. If Users send us unsolicited ideas or materials,  regardless of what such Users state in the presentation of those unsolicited ideas, OneAreWe will own, and may use and redistribute such ideas for any purpose without any obligation to the sender of those materials.

 

OneAreWe shall make efforts to limit access to personal information but has no obligation to do so in connection with User Content.  User Content may or may not reflect the values or opinions of OneAreWe. OneAreWeis not responsible for any User Content.  OneAreWe is not liable to anyone who claims to have been harmed by User Content.  Users that upload or contribute User Content through OAW must be over 18 years old (21 in Mississippi) and therefore considered an adult (“Adult”). OAW and all associated services are intended to be used by Adults. OneAreWe will make every effort to delete User Content or other content that is associated with individuals that are not Adults.

 

 

OneAreWe communicates with Users and others through various mediums but mostly through electronic communications.  Users agree to receive communications electronically.  If you send emails to OneAreWe, you agree to electronically communicate and receive communications related to OneAreWe and our services. Therefore, all agreements, disclosures, notices or other types of legal communications sent electronically shall be deemed legal in the manner in which they were communicated.

 

 

OneAreWe, Sellers, Nonprofits and Neighbors shall be excused from complying with obligations under these Terms and Conditions when prevented from doing so as a result of the following conditions:

 

a)     Act of God (such as but not limited to fires, floods, earthquakes, droughts and tidal waves

 

b)     War, rebellions, revolutions, insurrections, hostilities, invasions, acts of foreign enemies, embargos

 

c)     Labor strikes, lock outs or sabotage

 

d)     Acts or threats of terrorism

 

e)     Errors or disruptions to computer hardware, software or networks due to hacking or viruses

 

f)      Other causes of disruption or errors beyond reasonable control

 

 

 

The laws of the State of California shall govern disputes related to OAW or related to these Terms and Conditions. Users and OAW agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern these Terms and Conditions and any claims or disputes.

 

Users agree to hold harmless and indemnify OAW including directors, officers, employees and third-party agents against all claims and expenses including but not limited to issues related to User misconduct, negligence, gross negligence or fraud. Users that violate applicable laws are solely and exclusively responsible for those violations including any fines or attorney fees that arise.  Users are solely responsible for their communications and interactions with Businesses, Nonprofits, Neighbors and any other parties.  Users agree to release and hold harmless OneAreWe from any liabilities related to any product, services or experience of a Seller along with any associated shipment or deliveries.   Users also agree to hold OneAreWe harmless from the exchange of donations or other activities through Nonprofits or Neighbors.  These indemnifications and releases include any action or inaction of Sellers, Nonprofits or Neighbors related to the products, goods, services and experiences offered on OAW or failure of Users to comply with these Terms and Conditions or applicable law.

 

Users may not assign the Terms and Conditions in whole or in part through legal or other means.  These Terms and Conditions along with terms expressed in Offers, Listings, Certificates and our Privacy Policy constitute the entire agreement and an understanding between OneAreWe and OAW Users.

 

Any dispute or claim between Users and OneAreWe and/or any of its officers, directors, and employees arising out of, relating in any way to, these Terms and Conditions shall be resolved exclusively through binding arbitration. Users may elect to bring claims in a small claims court. Users and OAW are each giving up the right to go to court, other than small claims court, and have a dispute heard by a judge or jury (except as otherwise set forth in these Terms and Conditions).  Users and OAW have hereby agreed to arbitrate all disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules.  The arbitrator will apply and be bound by this Agreement, apply applicable law, and issue a decision.

 

To begin an arbitration proceeding, you must submit the form available on the AAA website. Copies of the completed form should also be sent to info@OneAreWe.com and to the attention of the “Marketplace Facilitator”. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Neither you nor OAW will seek attorneys' fees and costs in arbitration. Users agree that the arbitration will be limited to written submissions. Users also hereby agree that (1) the arbitrator’s decision shall be controlled by these Terms and Conditions and any other agreements referenced herein; (2) the arbitrator shall apply California Law consistent with the AAA and applicable statutes of limitations; and (3) in the event the AAA is unavailable or unwilling to hear the dispute, Users and OAW shall select, another arbitration provider. In the event that a dispute involves a Business selling Products, Services, or Experiences for which OAW distributes Certificates, the representative of the Business entity shall have input into the choice of an alternative arbitrator in the event that the AAA is not going to hear the dispute.

 

OneAreWe and Users agree that we shall bring any claim against the other in our respective individual capacities and not as a class or class member.  Users and OneAreWe agree that all disputes shall be arbitrated only on an individual basis and not in a class or consolidated action.  Except with respect to a qualifying claim that you brought in a small claims court, you and OAW agree that if for any reason a dispute cannot be arbitrated and must be heard in a court of law, it may only be instituted in a California state court or in the United States District Court, for the Northern District of California. Users and OAW consent and submit to the exclusive personal jurisdiction and venue of such courts and agree to waive any right to a trial by jury.

 

In keeping with these Terms and Conditions, Users or parties may bring suit in court and seek relief when it is related to infringement of intellectual property or any illegal act affecting the availability or security of OAW.  Parties may also seek relief in court when an act is against the general business interests of OneAreWe or the Businesses and Nonprofits that utilize OAW.

 

 

With the exception of the provisions relating to the arbitration of disputes, if any part of these Terms and Conditions is ruled to be unenforceable, then the balance of these Terms and Conditions shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.  If a court of competent jurisdiction holds any provision of these Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions of these Terms and Conditions shall continue in full force and effect.

 

 

No breach or default or failure to exercise any right allowed under these Terms and Conditions by you or OneAreWe constitutes a waiver of any rights under our Terms and Conditions. Through these Terms and Conditions and upon access to OAW, Users enter this agreement with OneAreWe LLC.  Correspondence should be directed to info@OneAreWe.com.

 

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.  The provisions of these Terms and Conditions apply equally to, and are for the benefit of, OAW, Businesses, Nonprofits and Neighbors utilizing OAW.