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TERMS OF SERVICE

Terms of Service

Updated as of May 13, 2017

ONEBARROW DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS. PLEASE BE SAFE WHEN INTERACTING WITH USERS.

This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by OneBarrow Inc. ("OneBarrow") through https://www.OneBarrow.com, OneBarrow mobile applications or otherwise. ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR OneBarrow. By accessing the services and/or completing the registration process for the OneBarrow website, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering on OneBarrow, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.

A) Changes to the Terms

OneBarrow reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at OneBarrow's sole discretion. The most recent version of this Agreement will be posted on the OneBarrow website. Although OneBarrow will provide notice of material changes to this Agreement on the OneBarrow website, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with OneBarrow in any way, Member's only solution is to immediately: (1) discontinue use of OneBarrow; (2) terminate their OneBarrow registration; and (3) notify OneBarrow of termination.

B) Description of Services

As a Member, you will be provided with a variety of Services, as described on the OneBarrow website. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. OneBarrow reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at OneBarrow's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Member Conduct

Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. OneBarrow reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does OneBarrow guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, OneBarrow, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that OneBarrow deems appropriate to enforce its rights and pursue all available remedies. Without limitation, OneBarrow reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
2. Members shall not list the email addresses of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not attempt to interfere with any other person's use of the Services.
6. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a OneBarrow employee, forum leader, guide or host.
7. Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the OneBarrow website.
8. Members shall not use any portion of the OneBarrow website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
9. Members shall not use any portion of the OneBarrow website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
10. Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.
11. Members shall not use any portion of the OneBarrow website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members shall not attempt to gain unauthorized access to OneBarrow's database or other computer systems.
17. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by OneBarrow in connection with the OneBarrow website or the Services.
18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the OneBarrow website.
19. Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
20. Members shall not use any portion of the OneBarrow website or the Services for any unlawful purpose.
21. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
22. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
23. Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses.
24. Members shall not publicly post information that poses or creates a privacy or security risk to another person.
25. Members shall not attempt to buy OneBarrow Gold outside of the OneBarrow.com website
26. Members shall not attempt to sell OneBarrow Gold or a OneBarrow user account.

All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of OneBarrow and its designees. OneBarrow has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the OneBarrow Services. OneBarrow and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of OneBarrow. OneBarrow is not obligated to provide a Member with a warning prior to removal.

D) Privacy

OneBarrow has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking https://onebarrow.com/index.php?do=/terms/ . The policy explains how and when OneBarrow may use Member information and content. Member's use of the OneBarrow website or the Services signifies acknowledgment of and agreement to OneBarrow's Privacy Policy.

E) Document Retention Schedule

All personal information collected by OneBarrow in connection with your use of the OneBarrow website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will may be stored by OneBarrow indefinitely and will be stored in a safe and secure manner.

F) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM ONEBARROW, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY ONEBARROW FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G) Member Account and Password

Once Member registers for OneBarrow, Member will have a password and an account with OneBarrow. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify OneBarrow of any unauthorized use of Member's account or any other breach of security known to Member.

H) OneBarrow Currency

You may purchase virtual currency for use solely on the OneBarrow Site ("OneBarrow Currency"). Purchases or other acquisitions of OneBarrow Currency provide only a limited, non-transferable, non-sub licensable, fully-revocable license to use such OneBarrow currency to access Services that we expressly make available for use with such OneBarrow currency for your personal non-commercial use OneBarrow currency is redeemable only on the OneBarrow site for OneBarrow digital merchandise and content. OneBarrow currency does not expire. OneBarrow currency is non-refundable. OneBarrow currency has no monetary value and does not constitute currency or property of any type. OneBarrow currency is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused OneBarrow currency and virtual items when an account is closed, whether such closure was voluntary or involuntary.

I) ECOMMERCE PAGE

You may decide to upgrade your membership PAGE status for an additional monthly cost. If you choose to become an OneBarrow Ecommerce Pay member, your membership will automatically renew on a monthly basis. If, at any point, you wish to discontinue your Ecommerce Pay membership, you may do so at your convenience. If your Ecommerce Pay membership account is billed or charge through our website, you must visit http://www.OneBarrow.com/payment, click the Payments information tab, delete 'save to update your subscription at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly. If your VIP membership account is billed through a third party, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined on their site. If your membership account is billed through Google Play, you must cancel within 7 days from the start of your billing cycle, by following the process outlined for Google.

J) Mobile

OneBarrow may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

K) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the OneBarrow website and within OneBarrow email messages and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by OneBarrow and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use OneBarrow Content or third party Content only as expressly authorized by OneBarrow or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the OneBarrow Content or third party Content without expressly being authorized to do so by OneBarrow or the third party advertiser. Member may make a copy of the OneBarrow Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although OneBarrow does not claim ownership of content that its Member's may provide to OneBarrow, by providing content to OneBarrow, Members automatically grant, and represent and warrant that they have the right to grant, to OneBarrow a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable, license to use, copy, perform, display, and distribute said content.
OneBarrow respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OneBarrow's Customer Service Rep for Notice of claims of copyright or other intellectual property infringement ("Customer Service Rep"), at:
OneBarrow Copyright Customer Service Rep at P O Box 7408 Largo, MD 20792-7408 (202) 427-2960 onebarrowng@gmail.com
Please provide our Customer Service Rep with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on OneBarrow that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its Customer Service Rep, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

OneBarrow's Customer Service Rep will forward this information to the alleged infringer. It is OneBarrow's policy to terminate the accounts of repeat infringers.

L) Disputes

You and OneBarrow agree that, except as otherwise specifically provided in this Agreement, you and OneBarrow shall seek to resolve any and all disputes between OneBarrow and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:

• disputes arising out of and/or otherwise relating to OneBarrow's Terms of Service and/or Privacy Policy;
• disputes arising out of and/or otherwise relating to any Services and/or any content on the OneBarrow website;
• disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the OneBarrow website;
• disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of OneBarrow;
• disputes arising out of and/or otherwise relating to any advertising and/or other communications by OneBarrow in connection with the OneBarrow website;
• disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
• disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
• disputes that may arise after you terminate your registration with the OneBarrow website; and
• disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

Despite the language agreed to above and as an alternative to arbitration, either you and/or OneBarrow may bring an individual action against the other in small claims court. Additionally, you and/or OneBarrow may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against OneBarrow on your behalf, and/or against you on OneBarrow's behalf.
You agree that you and OneBarrow have voluntarily and intentionally waived any legal and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For you or OneBarrow to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, initial efforts to resolve issues through a request to terminate content transmitted through correspondence with onebarrowng@gmail.com, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. A Notice being sent to OneBarrow must be addressed to: Dispute Resolution Department, OneBarrow, Inc., P O Box 7408 Largo, MD 20792-7408 ("OneBarrow Notice Address"). A Notice being sent to you shall be sent to your OneBarrow e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the OneBarrow Notice Address including your name, postal address, Member Notice Address and OneBarrow User ID number (UID).
After receipt of the Notice you and OneBarrow must attempt in good faith to resolve the dispute set forth in the Notice. If you and OneBarrow are not able to resolve the dispute within 90 days after the Notice is received, then you or OneBarrow may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at Demand for Arbitration ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the OneBarrow Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to OneBarrow must be addressed to the OneBarrow Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.
Please note AAA does not provide OneBarrow customer support and is only able to provide information regarding initiating an arbitration proceeding against OneBarrow. All concerns regarding your account should be addressed to OneBarrow by submitting an Email. OneBarrow will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined below:
Dispute Resolution Information

The OneBarrow Arbitration Provision

OneBarrow has provided for an arbitration provision in the OneBarrow Terms of Service in order provide an accessible and speedy dispute resolution process. The provision outlines a specific process that you and/or OneBarrow must follow to achieve resolution of all disputes. Please review the entire Arbitration Provision for details


How Arbitration Works

Arbitration is a resolution method used as an alternative to resolving a dispute in court. It is considered to be time and cost effective. An arbitration proceeding is commenced upon filing a dispute with a neutral third party. Throughout the process, both parties are given the opportunity to present their case and provide supporting evidence. Arbitration hearings are brief and less formal than court proceedings. The arbitrator reviews the dispute and all information provided by the parties and makes a decision in the case. Arbitration awards are binding on both parties and subject to very limited review by the courts.
Arbitration proceedings filed under OneBarrow's Arbitration Provision will be administered by the American Arbitration Association ("AAA") and will be conducted using the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes. Arbitrators are independent third parties who hear evidence and decide the outcome of the case. They are independent contractors and not employees of AAA. Arbitrators are carefully selected for their expertise and trained extensively by the AAA. In consumer cases, the AAA appoints an arbitrator who is an attorney, unless the parties agree otherwise.

How to Commence Arbitration Proceedings

OneBarrow is committed to ensuring member satisfaction. We ask you to first contact our Customer Experience team with any disputes, as they may be able to quickly resolve any concerns. The OneBarrow Customer Experience team is dedicated to the review and resolution of member complaints. You can submit your complaint directly by email. You will receive a ticket number for your submission and a Customer Experience team member will respond to your concern.
If you have not been able to reach a satisfactory resolution of your dispute with the Customer Experience department, you may take the following steps to commence arbitration:
1. Submit a Notice of Dispute to the OneBarrow Dispute Resolution Department
Prior to commencing arbitration proceedings you must provide OneBarrow with a formal notice of your claim by submitting a titled Notice of Dispute. You must legibly indicate the notice in its entirety and attach any documents that support your claim. Once you have completed the notice, please send it by certified mail to: Dispute Resolution Department, OneBarrow Inc., P O Box 7408 Largo, MD 20792-7408. Retain a copy of the notice and documents for your records.
2. Work with OneBarrow to resolve the dispute
OneBarrow will have 90 days from the receipt of your Notice of Dispute to review and propose a resolution. Please cooperate with the representative assigned to your case so that you may be able to reach an acceptable resolution. However, if within 90 days of the receipt of your notice we are not able to resolve your dispute to your satisfaction, you may complete the Demand for Arbitration notice before commencing arbitration proceedings.
3. Submit a Demand for Arbitration Email
You may commence arbitration proceedings by completing the Demand for Arbitration through email and sending it to the American Arbitration Association ("AAA"), with a copy mailed to OneBarrow. A copy of the Demand for Arbitration can be found by going to the AAA website. Please be sure to follow the instructions and complete the form in its entirety. Please see the AAA website for current filing fees and mailing address, https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased.
4. Pre-Hearing Process
Upon the receipt of your Demand for Arbitration, AAA will send a confirmation letter to you and OneBarrow and allow OneBarrow 15 days to respond. AAA will then allow you and OneBarrow to choose an arbitrator from a list of parties chosen from the National Roster.
5. Hearing
The hearing will allow you a chance to discuss the case and provide the necessary information to the arbitrator. All Arbitration hearings shall take place exclusively in San Francisco County, CA. However, if the relief you are seeking is $10,000.00 or less, you may choose whether arbitration is conducted solely on the basis of the documents submitted to the arbitrator, through telephone hearing, or by an in-person hearing, as established by AAA rules.
6. Post-Hearing
After the hearing you and OneBarrow may have one last chance to submit additional documentation, if permitted by the arbitrator. Otherwise, the arbitrator will make a decision and notify both parties.
7. Award
The arbitrator will close the case and issue a decision, including the amount of the award to be paid, if applicable.


fees


You can check the AAA website for current arbitration fees. If the relief you are seeking is $10,000.00 or less, OneBarrow will reimburse your Arbitration fee upon submission of the appropriate paperwork, as described in the Terms of Service. If you are seeking relief of $10,000.00 or less and are not able to pay all or part of the arbitration filing fee you may be eligible to have OneBarrow pay your fees for you. OneBarrow will also pay all administration fees and arbitrator fees for the arbitration. However, if an arbitrator in such an action finds that either the substance of your dispute against OneBarrow or the relief you are seeking in the arbitration as frivolous or brought for improper purpose you will need to reimburse OneBarrow for all monies paid by OneBarrow that are your obligation to pay under the AAA Rules.

Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at AAA Consumer Arbitration Rules and https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide OneBarrow customer support and is only able to provide information regarding initiating an arbitration proceeding against OneBarrow. If you initiate an arbitration proceeding against OneBarrow and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to OneBarrow at the OneBarrow Notice Address. OneBarrow shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 20 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against OneBarrow, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to OneBarrow at the OneBarrow Notice Address, and OneBarrow shall reimburse you for that actually paid amount.
The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at AAA Consumer Arbitration and Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, can be requested by Email. The arbitrator selected to resolve the dispute between you and OneBarrow shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. If the total amount you are seeking is greater than $10,000 then your and OneBarrow's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.
In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, OneBarrow shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against OneBarrow or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse OneBarrow for all monies paid by OneBarrow that are your obligation to pay under the AAA Rules. Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules.
You and OneBarrow agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or OneBarrow is entitled in connection with the dispute being arbitrated, neither you nor OneBarrow shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or OneBarrow previously made to the other in connection with said dispute. In any individual arbitration between you and OneBarrow, if the arbitrator issues you an award that is greater than the value of OneBarrow's last written settlement offer to you then OneBarrow shall:

• pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and
• pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against OneBarrow in the arbitration (collectively, the "Attorney Incentive").

However, if OneBarrow did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against OneBarrow, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or OneBarrow made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If OneBarrow prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, OneBarrow hereby agrees that it shall not seek and shall refuse to receive such an award.
The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and OneBarrow agree that, except as otherwise specifically provided in this Agreement, you and OneBarrow may bring a Claim against the other solely in your or OneBarrow's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

AT ANY TIME AND IN ITS SOLE DISCRETION OneBarrow MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATE ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OneBarrow AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of OneBarrow's last written settlement offer to you then OneBarrow shall:

• pay you the amount of the award or three times the amount of OneBarrow's last written settlement offer to you (the "Member Incentive"), whichever is greater; and
• pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against OneBarrow in the arbitration (collectively, the "Attorney Incentive").

However, if OneBarrow did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against OneBarrow, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or OneBarrow made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If OneBarrow prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, OneBarrow hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
Notwithstanding any provision in this Agreement to the contrary, you agree that if OneBarrow changes this Dispute provision in the future (other than a change to the OneBarrow Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to OneBarrow at the OneBarrow Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and OneBarrow solely through arbitration in accordance with this Agreement.
If there is a dispute between participants on this site, or any third party, OneBarrow is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases OneBarrow and its directors, officers, employees, Customer Service Reps, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

M) Termination

Either party may terminate use of the OneBarrow website or the Services with or without cause at any time and effective immediately upon written notice to the other party. OneBarrow may terminate with or without cause at any time and effective immediately, at OneBarrow's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. OneBarrow shall not be liable to Member or any third party for termination of use of OneBarrow or the Services. Member's right to use OneBarrow or the Services shall cease immediately. Member shall have no right and OneBarrow will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.


N) DISCLAIMERS OF WARRANTIES


MEMBER AGREES THAT USE OF THE OneBarrow WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE OneBarrow WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OneBarrow DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OneBarrow WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OneBarrow DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OneBarrow WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE OneBarrow WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OneBarrow DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OneBarrow WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

O) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OneBarrow BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE OneBarrow WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OneBarrow WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE OneBarrow WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OneBarrow WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OneBarrow WEBSITE OR THE SERVICES OR ANY LINKS ON THE OneBarrow WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OneBarrow WEBSITE OR THE SERVICES OR ANY LINKS ON THE OneBarrow WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

P) Indemnification

Member agrees to indemnify and hold OneBarrow, its subsidiaries, affiliates, successors, assigns, directors, officers, Customer Service Reps, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold OneBarrow harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

Q) Governing Law

The Agreement and the relationship between Member and OneBarrow shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and OneBarrow nevertheless agree that the court should strive to give effect to your and OneBarrow's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to OneBarrow, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. OneBarrow makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

R) Agreement

The Agreement makes up the entire agreement between Member and OneBarrow and governs your use of OneBarrow and the Services, superseding any prior agreements between Member and OneBarrow. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of OneBarrow to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.

Contacting OneBarrow

Users with questions about this Terms of Service and any of the above statements may contact OneBarrow by writing to: OneBarrow.com, P O Box 7408 Largo, MD 20792-7408.

OneBarrow is not in any way related to, affiliated with, endorsed or sponsored by Nine Networks Australia's OneBarrow television show or any related products bearing its trademark "OneBarrow."

1. In order to access or register for OneBarrow you have to agree to the rules in this Agreement.
2. You have to be at least 18 years old to use the Services.
3. These side summaries are for your reference, so that you can easily find information within the Agreement.
4. Please read the entire Agreement to your left for all details governing the use of the Services.
5. We can change the terms of this Agreement at any time.
6. We will provide a notice on the site if there is a major change.
7. It is your responsibility to ensure that you are aware of any changes.
8. If you disagree with the current rules or any changes to the rules you should cancel your account.
9. You can view our Services and features on the website.
10. We can change or discontinue the Services and features offered on the site at any time.
11. If you engage in prohibited behavior we may suspend or cancel your account.
12. We have the right to monitor your account and any of your content, communication or behavior associated with that account to ensure that you are following the rules.
13. We may terminate your account if we find that you are in violation of any of our rules or if we find that you are engaged in prohibited behavior.
14. You shall not engage in harassment or stalking.
15. You shall not provide any information that is false or belongs to another person.
16. You shall not pretend to be someone that you are not.
17. You shall not use this site to sell or advertise anything without written permission from OneBarrow.
18. You shall not send spam or junk mail.
19. You shall not use any abusive language.
20. You shall not post any illegal content or participate in any illegal activity.
21. You shall not post pornographic or other inappropriate material.
22. You shall not provide information instructing others on how to commit illegal acts.
23. You shall not attempt to access an account or information that does not belong to you.
24. You shall not attempt to impair the Services.
25. You shall not collect personal data about other Members.
26. You shall not try to gain access to another user’s account.
27. You shall not attempt buy or sell Gold or user accounts.
28. We will solely decide whether you violate any guideline and may prevent you from uploading content, may delete your content and your entire account.
29. See our Privacy Policy for details on what information we collect and use. We can choose to store certain data for an infinite amount of time.
30. We can choose to store certain data for an infinite amount of time.
31. You agree to receive commercial messages from us.
32. Don’t share your password or login information.
33. Gold is virtual currency that can only be used on the OneBarrow site for OneBarrow Services.
34. You are not allowed to buy Gold outside of the OneBarrow website.
35. You are not allowed to sell or give away Gold.
36. Purchases of Gold are not refundable, even if your account is cancelled.
37. We offer a VIP membership at a monthly cost.
38. If you access our Services through your mobile phone, your mobile phone company may charge you for use of data. You are responsible for these charges.
39. When you use your mobile phone OneBarrow may collect additional information, including your location.
40. Our content is protected by certain rights, including copyrights, trademarks, service marks, patents, etc.
41. You may not use OneBarrow content outside what is allowed by these terms.
42. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to OneBarrow.
43. You may not post content unless they have the right to grant us rights to the content.
44. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us.
45. Please notify us of any copyright infringement by contacting us directly.
46. Please provide the requested information so that we can take necessary action and remove the infringing content.
47. You agree to resolve all disputes with us through arbitration.
48. In addition to arbitration, you or OneBarrow may file a claim in small claims court or bring a claim to the attention of the federal, state or local government.
49. You and OneBarrow waive any rights to trial by jury and all rights to participate in a class action.
50. Before beginning the arbitration process either you or OneBarrow has to provide a notice to the other party.
51. You must mail the notice to OneBarrow. OneBarrow may send the notice to your email address.
52. After receiving notice we will both try to resolve the dispute.
53. If we cannot reach an agreement within 30 days, then you or OneBarrow can start the Arbitration process.
54. Arbitration will be conducted by the American Arbitration Association (AAA).
55. You may submit a request for payment assistance to OneBarrow.
56. OneBarrow will provide assistance with payment of arbitration fee if you are unable to pay and otherwise qualify for the assistance.
57. The arbitration will be conducted by the AAA, under their rules.
58. All arbitrations will take place in San Francisco, California.
59. If the amount in dispute is less than $10,000, you may choose to conduct the arbitration by phone or through document submission.
60. If your claim is for $10,000 or less you may be entitled to have us pay for all the arbitration fees.
61. Until the arbitrator issues a monetary award neither you nor OneBarrow will disclose any settlement offers to the arbitrator.
62. If an arbitration results in an award to you that is greater than our last written offer, you may be entitled to receive additional fees from us.
63. If we did not make any written offer and an arbitrator issues an award you and your attorney may be entitled to receive additional awards.
64. You and OneBarrow agree that any claims brought will be solely on behalf of you or OneBarrow and not as part of a class action.
65. OneBarrow may request the AAA to combine related arbitration claims from members when such claims are related.
66. If the AAA grants you an award that is higher than the last written settlement offer from OneBarrow, if any, you may be entitled to additional fees from OneBarrow above the amount of the award granted by the AAA.
67. If we did not make any written settlement offer prior to arbitration you may also be entitled to receive additional fees.
68. If we change this Dispute provision you may reject the change by a written notice to us and reaffirm that you and OneBarrow will only resolve disputes through arbitration.
69. We are not required to become involved with disputes between you and any other participant on the site.
70. We will not be responsible for any disputes between you and another participant on the site.
71. We have the right to cancel your account for any reason or without a reason.
72. We will not be required to provide you with copies of your account content once your account is cancelled. This may include photos, videos and messages.
73. We are providing services on an "as is" basis and make no promises that the site or its services are intended to fulfill a particular purpose.
74. We are not responsible for any goods or services received through, advertised or otherwise displayed on the site.
75. We will not be responsible for any damages resulting from your use or misuse of the site.
76. We will not be responsible for any damages resulting from services or products advertised or displayed on the site.
77. If your breach of this Agreement results in a dispute involving OneBarrow and related parties, you will be responsible for any attorney's fees, court costs, penalties, monetary payments due and any other required action that is required to correct the injury resulting from your breach.
78. If there are any disputes between you and OneBarrow, they will be governed by California law and this Agreement will be interpreted under California Law.
79. Any claims filed by you related to this Agreement must be filed within 1 year of the incident.
80. This Agreement governs your use of the Site.
81. You may also be subject to additional rules from our affiliate services that may apply to third-party content or software.
82. These side summaries are for your reference only. Please read the entire agreement to your left for all details governing your use of OneBarrow.

© 2014-2017 OneBarrow.