OneTech Alliance Member Program Terms & Conditions
By participating in the OneTech Alliance Member Program (“Program”), the company or entity submitting the Member application (“you”) agrees to be bound by all of the Terms and Conditions below (“Agreement”). Please print a copy of this Agreement for your records. Completion of the member application does not imply that you have been accepted into the Program.
1. MEMBERSHIP/PAYMENT. Payment for the service or products provided to you at and/or through this Site may be made by company check, automatic credit card and you hereby authorize OneTech Alliance, LLC to transact such payments on your behalf.
By participating in the Program you are designated a program member of onetechalliance.com ("Member"). This in no way means that you hold any official position within OneTech Alliance, LLC or are an interest holder in the limited liability company. Membership Fees are earned in full upon receipt and are non-refundable in the event of a termination request by you during that membership period. If you decide to terminate your Membership you must do so by notifying Member Services AT LEAST one day prior to the end of the then current membership period. If you do not cancel your membership at least one day prior to the end of the then current membership period, your membership shall continue until the end of the next membership period following the receipt of the notice of termination. You will be charged the membership fee for this final membership period at the then current membership fee. If you have a billing question, please contact member services. Annual membership begins when confirmation email is sent to you.
2. MEMBER PORTAL ACCESS. Your use of the Member Portal is subject to this Agreement, OneTech Alliance, LLC’s Site Terms at www.onetechalliance.com, and any additional terms within the Member Portal. You will create an online password that will allow you to access the Member Portal. You are responsible for keeping your password confidential. OneTech Alliance recommends that you change your password regularly. You will be responsible for all transactions registered to your account. If you believe an unauthorized transaction has occurred in your account, please notify your OneTech Alliance member representative. You will not grant any third-party access to the Member Portal without prior written approval by OneTech Alliance, LLC.
3. MEMBER LISTING. OneTech Alliance may have Member-locator tools to help the public or members search for a OneTech Alliance Member. Unless you advise OneTech Alliance in writing that it may not do so, OneTech Alliance may include you in the Member-locator tool, which may include basic information such as your company name, address, telephone number, business size, competency areas, url web address, membership level, certifications areas, or any other information submitted as part of the member profile.
4. ERRORS & AVAILABILITY. OneTech Alliance, LLC is not responsible for any errors in transmission that may occur prior to our receipt of the transmission. You acknowledge that the security procedures used in the Member Portal are for the purposes of authentication of a transmission, and not to detect error. In addition, there may be a delay between the time you send a transmission to OneTech Alliance, LLC and the time OneTech Alliance, LLC receives it. All transmissions are considered received by OneTech Alliance, LLC only when actually received by OneTech Alliance, LLC. OneTech Alliance, LLC is not responsible for any delays between the time you send a transmission and the time OneTech Alliance, LLC receives it. Access to the Member Portal may be unavailable without notice at certain times, including when systems require maintenance or upgrades, or in the case of unforeseen circumstances such as earthquakes, fires, floods, terrorism, war, riot, computer virus or bugs, computer failures, interruptions in internet service, interruptions in telephone service, or electrical outages. OneTech Alliance, LLC will not be liable for the unavailability of service or for any damages that may result from such unavailability.
5. ADMINISTRATION. At any time OneTech Alliance, LLC may audit your compliance with the Program or verify any information you submitted. OneTech Alliance, LLC may, without prior notice, immediately suspend or terminate your participation in the Program if you submit inaccurate, incomplete, or fraudulent information or if you engage in activities that may cause damage, embarrassment or adverse publicity to OneTech Alliance, LLC. OneTech Alliance, LLC reserves the right to interpret the rules of the Program in its sole discretion. All decisions made by OneTech Alliance, LLC are final.
7. COMPLIANCE. You agree you will comply with all applicable federal, state, provincial and local laws and regulations governing your participation in the Program. In addition, you agree to comply with all terms posted to the Member Portal, including:
- Onetechalliance.com Site terms
- OneTech Alliance, LLC logo license terms
You agree that OneTech Alliance, LLC’s trademarks, service marks, trade or company names, product and service identifications, logos, artwork and other symbols and devices associated with OneTech Alliance, LLC are and shall remain OneTech Alliance, LLC’s property. You acknowledge that any provided images and artwork of OneTech Alliance, LLC products are copyrighted by OneTech Alliance, LLC and you will not alter these images or use them outside of the context in which they were provided to you.
8. INDEPENDENT CONTRACTORS. You and OneTech Alliance, LLC are independent contractors and shall have no authority to bind the other. Neither this Agreement nor your participation in the Program shall be deemed to create a partnership, agency, joint venture, or other similar arrangement, and the employees, agents, or representatives of one party shall not be deemed to be employees, agents, or representatives of the other party. You acknowledge that use of the term “Member” in the Program name, materials, and administration does not constitute or imply a partnership, membership in the limited liability company or any other fiduciary relationship. OneTech Alliance, LLC is not a party to any agreements you may enter into with any other entity.
9. WARRANTY DISCLAIMER. OneTech Alliance, LLC makes no warranties and specifically disclaims all warranties AND CONDITIONS with respect to the Program (INCLUDING ALL INFORMATION, TOOLS, AND OTHER MATERIALS RELATED TO OR PROVIDED UNDER THE PROGRAM), either express or implied, including but not limited to any implied warranties OR CONDITIONS of merchantability, NON-INFRINGEMENT, and fitness for a particular purpose. YOU UNDERSTAND THAT THE PROGRAM DOES NOT GUARANTEE THAT YOU WILL MAKE ANY SALES OR PROFITS.
10. INDEMNIFICATION. To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless OneTech Alliance, LLC and its subsidiaries, affiliates, parents, successors, and assigns, from any claim, demand, cause of action, debt, or liability (including reasonable attorney or legal fees, expenses, and court costs) arising from (i) your breach of this Agreement or (ii) your conduct related to the Program.
11. LIMITATION OF LIABILITY.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT THE PROGRAM OR ANY BREACH OF THESE TERMS AND CONDITIONS BY ONETECH ALLIANCE, LLC IS WITHDRAWAL FROM PARTICIPATION IN THE PROGRAM.
IN NO EVENT SHALL ONETECH ALLIANCE, LLC BE LIABLE FOR ANY LOST PROFITS OR LOSS OF BUSINESS, OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN ADDITION, ONETECH ALLIANCE, LLC SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, RELIANCE, EXEMPLARY, INCIDENTAL, OR INDIRECT LOSS OR DAMAGES, WHETHER ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT, CONTRACT, OR OTHER THEORIES, AND WHETHER ONETECH ALLIANCE, LLC KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
12. DISPUTE RESOLUTION. This agreement shall be governed by the laws of the State of Florida applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Broward County, Florida will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this agreement. The losing party shall pay all reasonable fees and costs (including attorneys' fees) resulting from any claim or dispute arising from this agreement.
OneTech Alliance, LLC makes no representation that content on any part of the site is appropriate or available for use in other locations. Those who choose to access any part of the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The site may contain references to products or services not available in all countries. OneTech Alliance, LLC does not market all of its products or services in all countries. Software from any part of the site may be subject to U.S. export controls.
13. GOVERNING LAW. The parties agree that this agreement, any sales there uner, or any claim dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and OneTech Alliance, LLC arrising from or relating to this agreement, it's interpretation, or the breach, termination or validity thereof, the relationships that result from this agreement, OneTech Alliance, LLC's advertising, or any related purchase shall be governed by the laws of the State of Florida, without regard to conflicts of laws rules.
14. MODIFICATIONS. OneTech Alliance, LLC reserves the right to modify the Program, including the eligibility requirements and benefits and this Agreement, at any time without prior notice. When changes are made, OneTech Alliance may notify you of the changes via the Member Portal. If any modification is unacceptable to you, your sole recourse is to terminate your participation in the Program. If you continue to participate in the Program, such participation will constitute your binding acceptance of the changes and your consideration supporting any such modification. No oral modifications are permitted under this Agreement and you agree not to rely upon any oral representations made at any time.
15. TERMINATION. You may withdraw from the Program at any time by notifying OneTech Alliance, LLC in writing. OneTech Alliance, LLC may suspend or terminate your participation in the Program, in whole or in part, without prior written notice, for any breach of this Agreement or for any attempt to impair the integrity of the Program as determined by OneTech Alliance, LLC – in such event, OneTech Alliance, LLC is not obligated to provide any benefits related to or arising from the cause of such suspension or termination. In addition, OneTech Alliance, LLC, in its sole discretion, may at any time terminate the Program in whole or in part, for all participants, or for you alone, with or without cause, without prior written notice. All provisions that by their nature are intended to survive the termination shall survive. Each party accepts the risk of termination by the other. On termination, neither party will have any claim against the other for the investment it may have made in the relationship established under this Agreement or in anticipation of the sales and other revenue to be gained because of it.
16. INVALIDITY. In the event any provisions of this Agreement should be held to be contrary to or invalid under the laws of any country, state or other jurisdiction, such illegality or invalidity shall not affect, in any way, any other provisions hereof, all of which shall continue, nevertheless, in full force and effect.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties hereto, and no representations, inducements, or agreements, or all or otherwise, between the Parties not contained and embodied herein shall be of any force or effect, and that this Agreement may not be modified, changed, or terminated, in whole or in part, orally or in any other manner than by any agreement in writing duly signed by all of the Parties hereto.
18. MISCELLANEOUS. You may not assign this Agreement, or any benefits due to you under the Program, to any third party without the express written consent of OneTech Alliance, LLC. If any provision herein is void or unenforceable, you and OneTech Alliance agree to delete such provision and agree that the remainder of the Agreement will continue to be in effect. OneTech Alliance, LLC’s failure to enforce your strict performance of any term herein will not constitute a waiver of OneTech Alliance, LLC’s right to subsequently enforce such term or any other term of this Agreement. The entire relationship between you and OneTech Alliance, LLC is defined in this Agreement and any other applicable agreement as described in paragraph 16. Both parties expressly disclaim any reliance on any oral statements, representations, or courses of conduct, including any right to continue to participate in the Program other than as provided in paragraph 14. The parties confirm that it is their wish that this Agreement, as well as other documents relating to this Agreement, including all notices, have been and will be drawn up in the English language only.
