PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “AGREEMENT”) (INCLUDING THE LEGAL DISCLAIMERS, LIABILITY LIMITATIONS, CLASS ACTION WAIVER, DISPUTE RESOLUTION PROCEDURES, AND OTHER PROVISIONS) CAREFULLY BEFORE ACCESSING, USING, OR PURCHASING ANY OF THE ONE20 PLATFORMS, PRODUCTS, OR SERVICES.  

1. Introduction

Welcome!   This Agreement is entered into by and between you (“User”) and the following entities in accordance with your access, use, or purchase of any particular ONE20 Platform (as defined below):

To the extent User accesses or uses, or purchases a product or service from, the ONE20.com website, ONE20 Maps app, F-ELD app, ONE20 Store, or ONE20 Tires website (collectively, “ONE20 Inc. Platforms”), this Agreement is entered into by and between User and ONE20 Inc.  To the extent User accesses or uses, or purchases a product or service from, ONE20 BNK, this Agreement is entered into by and between User and ONE20 BNK Inc. To the extent User accesses or uses, or purchases a product or service from, ONE20 Strong, this Agreement is entered into by and between User and ONE20 Strong LLC.  To the extent User accesses or uses, or purchases a product or service from, ONE20 Tires, this Agreement is entered into by and between User and ONLINE Tire MN LLC. To the extent User accesses or uses, or purchases a product or service from, TruckThat, this Agreement is entered into by and between User and Truck That LLC.  To the extent User accesses or uses, or purchases a product or service from, ONE20 Trucking, this Agreement is entered into by and between User and ONE20 Trucking LLC.

If User does not agree to the terms of this Agreement, User may not access or use the ONE20 Platforms (as defined below) or purchase products or services from ONE20 and Associates (as defined below).

2. Definitions

  • As used herein, “ONE20 and Associates” refers to the entity or entities with which User enters into this Agreement as outlined in Section 1 of this Agreement.
  • As used herein, “Related Platforms” refers collectively to ONE20 BNK, ONE20 Strong, ONE20 Tires, TruckThat, and ONE20 Trucking.
  • As used herein, “Related Entities” refers collectively to the entities associated with the Related Platforms, as outlined in Section 1 of this Agreement.
  • As used herein, “ONE20 Platforms” refers collectively to all ONE20 Inc. Platforms and Related Platforms.

3. Acceptance of Terms

By accessing and/or using the ONE20 Platforms via the internet or any other medium, User accepts and agrees to all terms and conditions imposed in this Agreement.  ONE20 and Associates reserve the right, in their sole discretion, to change, modify, add or remove portions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the ONE20 Platforms following the posting of changes will mean that User accepts and agrees to the changes.  As long as User complies with the terms of this Agreement, ONE20 and Associates grants User a personal, non-exclusive, non-transferable, limited license to access and use the ONE20 Platforms.

4. Operation of ONE20 Platforms

ONE20 and Associates have the exclusive right to control the operations, features, and information on the ONE20 Platforms.  ONE20 and Associates have the right to restrict access to any or all portions of the ONE20 Platforms or remove or modify any information, content, or prices on the ONE20 Platforms at any time.  ONE20 and Associates reserve the right to monitor User’s use of the ONE20 Platforms.

User is solely responsible for providing the equipment used and/or required for User’s access or use of the ONE20 Platforms.

5. User Accounts

On certain of the ONE20 Platforms, Users may be asked or permitted to establish accounts.  User is responsible for maintaining the confidentiality of User’s username and password applicable to any accounts established and/or accessed or used through the ONE20 Platforms.  User agrees to accept responsibility for all activities that occur on the ONE20 Platforms by any party using User’s account username and password. ONE20 and Associates reserve the right, in each entity’s sole discretion, to refuse service, cancel orders, suspend or terminate any account, or otherwise restrict access to the ONE20 Platforms owned or operated by that entity.

6. Intellectual Property

Unless otherwise noted, the ONE20 Platforms and all materials, including, but not limited to, text, trademarks, images, illustrations, designs, graphics, data and data compilations, buttons, icons, logos, photographs, audio and video clips, digital downloads and written and other materials that appear as part of the ONE20 Platforms (collectively, the “Content”) is intellectual property owned, controlled or licensed by ONE20 Inc. and/or a Related Entity.  User is prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the ONE20 Platforms or any Content.

ONE20 and Associates’ respective business, trade, or legal entity names, their logos, any domain names under their control, and other related graphics, logos, page headers, icons, scripts, service names, and the like are trademarks, service marks or other trade dress of ONE20 and Associates or their affiliates.  ONE20 Inc.’s and/or a Related Entity’s trademarks, service marks and trade dress have inherent meaning and substantial value because of their identity and restricted use. They may not be used in connection with any product or service that is not a product or service of ONE20 Inc. and/or a Related Entity or in any manner unless licensed or specifically permitted in writing.

Nothing on the ONE20 Platforms is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the ONE20 Platforms without the prior written permission of the entity that operates that platform (ONE20 Inc. and/or a Related Entity).  All other trademarks or service marks not owned by ONE20 and Associates or their affiliates that appear on the ONE20 Platforms are the property of their respective owners, who may or may not be under contract with or licensors to ONE20 Inc. and/or a Related Entity. Any intellectual property rights not expressly granted herein are reserved by ONE20 and Associates and/or their third party partners and providers.

7. License to Access ONE20 Platforms

In consideration for this Agreement, ONE20 and Associates grant User a personal, non-exclusive, non-transferable, limited license to access and use the ONE20 Platforms.  This license prohibits downloading (other than page caching or necessary app downloads) or modifying any portion of the ONE20 Platforms except with the express written consent of the entity associated with the particular platform.  Any unauthorized use automatically terminates the permission or license granted to use the ONE20 Platforms and may result in legal liabilities for damages.

8. Third Party Website Links, Content, Apps, Products and Services

ONE20 Inc. has entered, and will in the future, from time to time, enter, into agreements with the Related Entities and other third party entities (“Affiliate Partners”) in order to provide members with unprecedented value-added free and discounted products and services.  ONE20 and Associates’ offer and/or promotion of any Affiliate Partner’s products and/or services is for User’s convenience only, and ONE20 and Associates are not responsible or liable for those products and/or services unless otherwise provided herein. Such Affiliate Partner products and services include any Affiliate Partner-branded products and/or services, as well as any ONE20-branded services not expressly included in the definition of “ONE20 Platforms” as used in this Agreement.  User’s use, access, and/or purchase of products and/or services offered or performed through Affiliate Partners, to the extent the Affiliate Partner is not also a Related Entity, is entirely at User’s own risk, and User may be subject to separate terms and conditions as agreed upon between User and the Affiliate Partner.

The ONE20 Platforms may provide links to third-party websites and resources.  ONE20 and Associates provide third-party links for User’s convenience only, and is not responsible or liable for the content of, or any Outside Apps (as defined below), products or services offered on or through, any third party websites or links accessible from the ONE20 Platforms.  Links found on the ONE20 Platforms to any third-party website do not mean that ONE20 and Associates approve, endorse, or recommend that website, product, or service.

ONE20 and Associates are not the publisher or speaker of any information on the ONE20 Platforms that is provided by third party providers or by Users, and does not approve or endorse, and is not responsible for, any such information.

ONE20 and Associates may allow User to access, install or utilize certain third party apps (“Outside Apps”).  ONE20 and Associates are not the creator or provider of any Outside Apps that may appear on or be accessible through any third party website.  These Outside Apps are provided “as is” and “as available” and are governed by their own terms of use or service and policies as set forth by the third parties that provide them.  ONE20 and Associates do not endorse, and are not responsible or liable for, the services, features, or content provided by any Outside App that User chooses to access, install or utilize.

Any reference on the ONE20 Platforms to products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by ONE20 and Associates with respect to such products or services.  ONE20 and Associates assume no responsibility for those products or services. Any dealings between or among any User and third parties mentioned on or found through the ONE20 Platforms are solely between the User and the third parties, and may be subject to any terms, conditions, warranties or representations associated with those dealings.

ONE20 AND ASSOCIATES MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY LINK OR WEBSITE OR THE FUNCTIONALITY, RELIABILITY, LEGALITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT, INFORMATION, OUTSIDE APPS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES.  THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CONTENT, INFORMATION, OUTSIDE APPS, PRODUCTS OR SERVICES FOUND ON, IN, OR THROUGH A LINK LOCATED ON THE ONE20 PLATFORMS THAT ALLOWS USERS TO ACCESS CONTENT, INFORMATION, OUTSIDE APPS, PRODUCTS OR SERVICES ON ANOTHER WEBSITE, OUTSIDE APP, OR THROUGH ANY OTHER SERVICE. USER ACKNOWLEDGES AND AGREES THAT ONE20 AND ASSOCIATES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USER’S ACCESS of ANY THIRD PARTY WEBSITE, OUTSIDE APP, OR ANY OTHER THIRD PARTY SERVICE, OR USER’S USE OF OR RELIANCE ON ANY INFORMATION, OUTSIDE APPS, PRODUCTS, OR SERVICES OFFERED BY ANY THIRD PARTY, ACCESS TO WHICH IS OR WAS PROVIDED BY THE ONE20 PLATFORMS.  USER’S ACCESS TO AND USE OF ANY THIRD PARTY WEBSITE, OUTSIDE APP, OR ANY OTHER THIRD PARTY SERVICE, AND ANY CONTENT, INFORMATION, OUTSIDE APPS, PRODUCTS OR SERVICES FOUND THEREON, SHALL BE ENTIRELY AT USER’S OWN RISK.

9. User Content

From time to time, ONE20 and Associates may permit and/or request Users to contribute to the content found on the ONE20 Platforms.  Such User-contributed content may include, but is not limited to, comments, reviews, feedback, weigh-station status information, and parking status information (“User Content”).

ONE20 and Associates welcome User’s contributions through the submission of User Content.  ONE20 and Associates do not, however, accept confidential or proprietary information. Accordingly, User represents and warrants that all User Content is accurate, not confidential, and not in violation of any contractual restrictions or third party rights.  Subject to the ONE20 Privacy Policy, by submitting User Content, User grants to ONE20 and Associates a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any and all User Content without any further consent, notice and/or compensation to User or to any third parties.  Any User Content User submits to ONE20 and Associates is at User’s own risk of loss. User agrees that User will not provide ONE20 and Associates with any User Content that could allow an individual person to be identified unless there is a field for the provision of such User Content.

User may not submit User Content that is offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable.  ONE20 and Associates reserve the right, in each company’s sole discretion, to remove or edit User Content, from time to time, but ONE20 and Associates do not control or direct User’s actions on the ONE20 Platforms and hence will not be responsible for User Content that may be available on or through the ONE20 Platforms.

10. Prohibited Conduct

In addition to abiding by the guidelines above regarding submission of User Content, User agrees NOT to:

  1. Post or do anything that may constitute a violation of any local, state, federal or foreign law or regulation;
  2. Discuss or incite illegal activity;
  3. Post anything that exploits children or minors or that depicts cruelty to animals;
  4. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
  5. Use any robot, spider, scraper or other automated means to access the ONE20 Platforms;
  6. Use any device or other means to harvest information about other users;
  7. Take any action that imposes an unreasonable or disproportionately large load on ONE20 Inc.’s or a Related Entity’s infrastructure;
  8. Alter the opinions or comments posted by ONE20 and Associates or other users of the ONE20 Platforms;
  9. Post anything contrary to ONE20 and Associates’s, or their officers’, directors’, shareholders’, employees’, affiliates’, agents’, licensors’, successors’, and business partners’, public image, goodwill or reputation; or
  10. Post anything that may infringe the copyright, trademark, trade secret or other intellectual property rights of any person or entity.

 

This list of prohibitions provides examples and is not complete or exclusive.  ONE20 and Associates reserve the right to, in each company’s sole discretion, (a) terminate access to User’s account, User’s ability to contribute User Content to the ONE20 Platforms owned or operated by that company, and (b) refuse, delete or remove any submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that ONE20 and Associates determine, in their sole discretion, is inappropriate or disruptive to the ONE20 Platforms or to any other user of the ONE20 Platforms or may infringe the intellectual property rights of others.  ONE20 and Associates may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at ONE20 and Associates’ sole discretion, ONE20 and Associates will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the ONE20 Platforms.

As a visitor to and/or user of the ONE20 Platforms, User consents to having User’s internet protocol address recorded and User’s activities monitored to prevent abuse.  User waives any cause of action or claim User may have against ONE20 and Associates for any action taken by ONE20 and Associates under this Section, including suspension or termination of User’s access to the ONE20 Platforms.  User agrees that ONE20 and Associates may, in each company’s sole discretion, disclose to third parties any information that may indicate the potential violation of such third parties’ intellectual property or other rights by User.

11. Disclaimer and Limitation of Liability

Unless otherwise stated, the ONE20 Platforms and all Content, information, services, and products provided on or through the ONE20 Platforms (collectively, the “Substance”) are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance.  ONE20 and Associates make no warranties or representations about the accuracy or completeness of the Substance and assumes no liability or responsibility for errors, mistakes or omissions in the Substance or personal injury or property damage of any kind arising out of the use of or inability to use the ONE20 Platforms.

User acknowledges, by User’s use of the ONE20 Platforms, that User’s use of the ONE20 Platforms is at User’s sole risk, that User assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment User uses in connection with User’s use of the ONE20 Platforms, and that ONE20 and Associates will not be liable for any damages of any kind related to User’s use of the ONE20 Platforms.  ONE20 and Associates make no warranty that (i) the ONE20 Platforms will meet User’s requirements; (ii) access to the ONE20 Platforms will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the ONE20 Platforms will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by User through the ONE20 Platforms or pursuant to User’s use of the ONE20 Platforms will meet User’s expectations; (v) any errors on the ONE20 Platforms will be corrected; or (vi) the ONE20 Platforms are free of viruses or other harmful components.

Some jurisdictions may not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to some Users, but each disclaimer applies to each User to the greatest extent possible under applicable laws.

Neither ONE20 Inc. nor any Related Entity makes any warranty whatsoever with respect to any ONE20 Platform not owned, controlled, or operated by that particular entity.  ONE20 Inc. and each Related Entity individually disclaim any and all liability associated with any ONE20 Platform not owned, controlled, or operated by that particular entity.

IN NO EVENT WILL ONE20 AND ASSOCIATES OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUCCESSORS, OR BUSINESS PARTNERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF USERS.  IN NO EVENT WILL ONE20 AND ASSOCIATES OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUCCESSORS, OR BUSINESS PARTNERS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE ONE20 PLATFORMS OR PRODUCTS OR SERVICES PURCHASED THEREFROM.

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, ITS OWN NEGLIGENCE, SHALL ONE20 AND ASSOCIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONE20 PLATFORMS OR ANY PRODUCT PURCHASED OR SOLD ON THE ONE20 PLATFORMS, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  ONE20 INC.’S, AS WELL AS EACH RELATED ENTITY’S, AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE ONE20 PLATFORMS OR THE PURCHASE OR SALE OF ANY SERVICES OR PRODUCT ON OR THROUGH THE ONE20 PLATFORMS IS LIMITED TO THE TOTAL SUM PAID TO ONE20 AND ASSOCIATES BY THAT PARTICULAR USER WITHIN THE PREVIOUS SIX (6) MONTHS, OR $500, WHICHEVER IS GREATER.

12. Indemnification

To the fullest extent permitted by law, User agrees to defend, indemnify and hold ONE20 and Associates and their officers, directors, shareholders, employees, affiliates, agents, licensors, successors, and business partners harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to, a violation by User, User’s agents, or anyone accessing the ONE20 Platforms using User’s device and/or username and/or password, of any of the provisions of this Agreement, or infringement of any third party right, including but not limited to any intellectual property or proprietary right.

13. Violation of This Terms of Use Agreement

ONE20 and Associates may disclose any information they have about User (including User’s identity) if they determine, in each company’s sole discretion, that such disclosure is necessary in connection with any investigation or complaint regarding User’s use of the ONE20 Platforms, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ONE20 Inc.’s or a Related Entity’s rights or property, or the rights or property of visitors to or users of the ONE20 Platforms.  ONE20 and Associates reserve the right at all times to disclose any information that ONE20 and Associates deem, in each company’s sole discretion, necessary to comply with any applicable law, regulation, legal process or governmental request. ONE20 and Associates also may disclose User’s information if ONE20 and Associates determine, in each company’s sole discretion, that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

User acknowledges and agrees that ONE20 and Associates may preserve any transmittal or communication by User with ONE20 Inc. or a Related Entity through the ONE20 Platforms or any service offered on or through the ONE20 Platforms, and may also disclose such data if required to do so by law, or if ONE20 and Associates determine, in each company’s sole discretion, that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of ONE20 and Associates, their officers, directors, shareholders, employees, affiliates, agents, licensors, successors, business partners, users of or visitors to the ONE20 Platforms, or the public.  Notwithstanding the foregoing, ONE20 and Associates may disclose any data or information to any entity in accordance with the ONE20 Privacy Policy.

User agrees that any violation by User of this Agreement will cause irreparable harm to ONE20 and Associates for which monetary damages would be inadequate, and User consents to ONE20 and Associates obtaining any injunctive or equitable relief that ONE20 and Associates deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies ONE20 and Associates may have at law or in equity. If ONE20 and Associates do take any legal action against User as a result of User’s violation of this Agreement, ONE20 and Associates will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ONE20 and Associates.

User agrees that ONE20 and Associates may, in each company’s sole discretion, without prior notice, and for any reason or no reason, terminate User’s access to the ONE20 Platforms owned or operated by that company and/or block User’s future access to the ONE20 Platforms owned or operated by that company.  User agrees that ONE20 and Associates will not be liable to User or to any third party for termination of User’s access to the ONE20 Platforms.

14. Policies

ONE20 Privacy Policy:  In its operation of the ONE20 Platforms, ONE20 and Associates may collect certain information about User.  The practices of ONE20 and Associates with respect to information collected is described in the ONE20 Privacy Policy, which is available at https://one20.com/privacy and incorporated by reference herein.  By agreeing to this Agreement, User accepts and agrees to the ONE20 Privacy Policy.

In addition to the ONE20 Privacy Policy, ONE20 and Associates incorporate by reference all other terms, conditions, and policy documents published on the ONE20 Platforms, including, but not limited to, ONE20 Store Policies, and ONE20 Tire Additional Terms and Policies.

15. Mandatory Arbitration and Class Action Waiver

WHERE PERMITTED UNDER APPLICABLE LAW, INSTEAD OF SUING IN COURT, USER AND ONE20 AND ASSOCIATES AGREE TO ARBITRATE ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR ARISING OUT OF USER’S ACCESS OR USE OF THE ONE20 PLATFORMS OR PURCHASE OF ANY PRODUCTS OR SERVICES FROM ONE20 AND ASSOCIATES OR THEIR SUPPLIERS, PARTNERS, OR AFFILIATES, ON AN INDIVIDUAL, NON-REPRESENTATIVE BASIS.  User agrees that, by agreeing to this Agreement, User and ONE20 and Associates are waiving the right to a trial by jury or to participate in a class or representative action. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited.  However, just as a court would, the arbitrator must follow the terms of this Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Any dispute arising out of this Agreement shall be governed by the laws of the state of Minnesota, notwithstanding any conflicts of law principles.

Either User or the entity with which User has entered into this Agreement (as outlined in Section 1 of this Agreement) may initiate arbitration proceedings.  Any arbitration between User and ONE20 Inc. or between User and a Related Entity shall take place in the state of Minnesota under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this agreement to arbitrate.  User and ONE20 and Associates agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The arbitration may be by private arbitration under the AAA Rules or administered by the AAA itself, at the discretion of the party initiating the arbitration.  The AAA Rules, as well as instructions on how to file an arbitration proceeding administered by the AAA, appear at http://www.adr.org.

To the extent that any dispute, claim, or controversy is not subject to mandatory arbitration, User and ONE20 and Associates agree that any such dispute, claim, or controversy will be subject to the jurisdiction of state and/or federal courts located in the state of Minnesota.

16. Miscellaneous

This Agreement constitutes the entire agreement between User and ONE20 and Associates regarding the subject matter hereof.  Any previous agreement, whether oral or written, between User and ONE20 and Associates related to the subject matter hereof is superseded.  If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms.  Upon User’s breach of this Agreement, ONE20 and Associates may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief.  ONE20 and Associates’ remedies are cumulative and not exclusive. Failure of ONE20 and Associates to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this Agreement at any time thereafter.