Terms & Conditions

Terms of Use

Effective Date: February 10, 2019

Hello, and thanks for visiting! OneMile USA Inc.,  which does business as OneMile USA d/b/a, operates and provides services through www.onemileusa.com (the “Site”), the OneMile website.  We’ll go by “OneMile USA”, “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also refer to the Site, and the services available through them as the “Services.”

Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and OneMile USA to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us at info@onemileusa.com.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND OneMile USA RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 17 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH OneMile USA.

1. We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of OneMile USA, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time without any advance notice. We’ll provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

2. Eligibility

We only permit registered businesses and/or individuals who are at least 18 years old and can form legally binding contracts to use the Services.  You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

3. Privacy

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

4. Your Account

You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services (like making a purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You can share a good book, a nice walk, or scooters. You should not, however, share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

You can always delete the personal information from your Account by emailing us at info@onemileusa.com.

6. Getting Your OneMile E-scooter

a. Selecting Your Scooter. OneMile USA sells electric scooters that are manufactured in China. To order scooters, select your desired model and color and click the “Add to Cart” button to add it to your order. When you check out, you will have made a final order.

b. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your OneMile USA purchase. For information about shipping and delivery, check out the Orders section of our Help page. Most likely, your e-scooter will be directly shipped to you from China.

c. Payment Information. After you have made your electric scooter selection, and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.

e. Checking Order Status. We know how exciting it can be to get a delivery, so once your electric scooter is on its way to you, we’ll send you an email confirmation with tracking information when the tracking information is available, which is generally 3 weeks after order when the electric scooter is turned over at a port of entry to a ground based carrier for delivery to you. Feel free to email us at info@onemileusa.com,if you would like to check the status of your order, or if you just want to chat about how excited you are about your new electric scooters.

f. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the Orders section.

g. Risk of Loss. The risk of loss and title for all products you order passes to you upon delivery to the carrier (such as FedEx, UPS, or USPS).

h. Returns, Exchanges, and Replacements. For more information about returns and exchanges check out the Orders section.

i. Purchase Limits. We want to give all of our customers an opportunity to buy our scooters. Therefore, we do not authorize the purchase of commercial quantities of scooters, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms.

j. Language. Presently, our order process only supports the English language. However, we want you to know that the translation from Chinese into English in the accompanying instructions to operate the electric scooter is not exact and if you have any questions please immediately contact us by email at info@onemileusa.com before operating the electric scooter.

7. Communicating with OneMile USA

a. Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Emails you send to or receive from OneMile USA are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to communicate financial information, or any other sensitive information by email, you do so at your own risk.

8. Intellectual Property

Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of OneMile USA or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to OneMile USA, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at info@onemileusa.com.

9. Right to Use the Services

After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else.

If you are prohibited under applicable law from using the Services, you may not use them.

10. Restrictions on Your Use of the Services

Just so we’re clear, however, these rights do not allow you to do any of the following:

interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.

resell or make any commercial use of the Services or any of the Service content.

modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.

copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.

use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.

harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.

bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.

run any form of auto-responder or “spam” on the Services.

otherwise take any action in violation of these Terms or our Privacy Policy.

11. Content

a. User Content

We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.

“User Content” is any public communications or any other material you submit, distribute, transmit, or post to OneMile USA (through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.

When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for OneMile USA to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.

In addition to giving OneMile USA a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.

b. Representations About Your User Content

We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant  that:

you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).

your submission of such materials to OneMile USA does not and, when used by OneMile USA as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).

all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).

In addition, any User Content must not:

include any profanity or obscene, indecent, or pornographic material.

contain any unauthorized or unsolicited advertising, such as spam (no one likes spam).

contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.

impersonate any person or entity (we like you just the way you are!).

include anyone’s identification documents or sensitive financial information.

c. Private vs. Non-private Content

We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Services. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

d. A Note About Third-Party Content and User Content

You may see a lot of content on the Services. Some of this content will come from other users or sources outside of OneMile USA. All content, including User Content and third-party content, is the responsibility of the party that creates it. OneMile USA does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

Bringing to our customers innovative electric scooters keeps us pretty busy, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. OneMile USA will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether OneMile USA or another party provides it.

12. Copyright Policy

Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

identification of works or materials being infringed.

identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.

your contact information, including address, telephone number and, if available, e-mail address.

a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.

a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent to receive notice of claimed infringement by emailing info@onemileusa.com.

13. WARRANTY DISCLAIMER

a. We like you and want you to be a long-time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:

which users access the Services.

what content you access via the Services.

what effects the content may have on you.

how you may interpret or use the content.

what actions you may take as a result of your exposure to the content.

b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OneMile USA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY OneMile USA OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, OneMile USA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OneMile USA OR ANYONE REPRESENTING OneMile USA BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR OneMile USA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OneMile USA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Termination

We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

16. Governing Law

No matter where you’re located, the laws of the State of Michigan will govern these Terms and the relationship between you and OneMile USA as if you signed or otherwise agreed to these Terms in Michigan, without regard to Michigan’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Detroit, Michigan for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.

17. Dispute Resolution and Arbitration

a. Generally. In the interest of resolving disputes between you and OneMile USA in the most expedient and cost effective manner, you and OneMile USA agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OneMile USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Despite the provisions of Section 17(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and OneMile USA will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting OneMile USA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by  electronic mail (“Notice”). OneMile USA’s email address for Notice is: OneMile USA LTD.,  info@onemileusa.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or OneMile USA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OneMile USA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by OneMile USA in settlement of the dispute prior to the arbitrator’s award; or (iii) $500.

e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Detroit, Michigan but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand 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 fees will be governed by the AAA Rules. In that case, you agree to reimburse OneMile USA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND OneMile USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OneMile USA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with OneMile USA will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

h. Enforceability. If Section 17(f) is found to be unenforceable or if the entirety of this Section 17(f) is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

18. Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

19. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. Entire Agreement

These Terms constitute the entire agreement between you and OneMile USA and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.

22. Miscellaneous

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.

Thank you for reading our Terms and Conditions.