Super-Composite Ratings.
Optimized for Accuracy and Recency.^®

Terms of Service – User Agreement

1. Agreement to Terms

By accessing or using our website, located at oneallratings.com (“Site”), you agree that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you are expressly prohibited from using the Site and you must discontinue use immediately.

2. Modifications to Terms

We reserve the right to amend these Terms at any time and without notice. It is your responsibility to periodically review these Terms for any changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

3. Access and Use of the Site

Eligibility: You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations.

Prohibited Activities: You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

4. Intellectual Property Rights

The content on the Site, including text, graphics, images, and information obtained from our licensors, is our property or the property of our licensors and is protected by copyright and intellectual property laws. Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5. Trademarks

The marks, ONE AllRatings^®, American Discovery Publishing^®, All is better than some.^®, and Super-Composite Ratings, Optimized for Accuracy and Recency^® and design and other marks, are either trademarks or registered trademarks being used exclusively by American Discovery Publishing, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. User Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

7. Third-Party Links & Ads

The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of ONE AllRatings, and ONE AllRatings is not responsible for any Third-Party Links & Ads. ONE AllRatings provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.

8. Disclaimers

The site is provided on an "as-is" and "as available" basis, and ONE AllRatings and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

9. Limitation on Liability

In no event will American Discovery Publishing, LLC, or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless American Discovery Publishing, LLC, ONE AllRatings and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Website, or from or in connection with the User Content you post on the Website.

11. Limitation of Liability

In no event shall American Discovery Publishing, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

13. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH AMERICAN DISCOVERY PUBLISHING, LLC (ADP) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

13.1 Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and ADP agree (a) to waive your and ADP’s respective rights to have Disputes arising from or related to these Terms, the Services or the ADP Content, resolved in a court, and (b) to waive your and ADP’s respective rights to a jury trial. Instead, you and ADP agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

13.2 No Class Arbitrations, Class Actions or Representative Actions

You and ADP agree that any Dispute arising out of or related to these Terms or the Services or ADP Content is personal to you and ADP, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and ADP agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and ADP agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

13.3 Federal Arbitration Act

You and ADP agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

13.4 Notice; Informal Dispute Resolution

You and ADP agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to ADP shall be sent by certified mail or courier to 131A Stony Circle Suite 500, Santa Rosa, CA 95401. Your notice must include (a) your name, postal address, telephone number, the email address associated with your ADP account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your ADP account and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and ADP cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ADP may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding or, to the extent specifically provided for in Section 22.1, file a claim in court.

13.5 Process

Except for Disputes arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and ADP agree that any Dispute must be commenced or filed by you or ADP within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and ADP will no longer have the right to assert such claim regarding the Dispute). You and ADP agree that (a) any arbitration will occur in Santa Rosa, CA or telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts located in Sonoma County, CA, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.

13.6 Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

13.7 Rules of JAMS

By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

13.8 Severability

If any term, clause or provision of this Section 13 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 13 will remain valid and enforceable. Further, the waivers set forth in Section 13.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

14. Governing Law and Venue

These Terms and your access to and use of the Services shall be governed by, construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles. You agree that all disputes, causes of action, claims or controversies that are not subject to binding arbitration will be resolved exclusively in the state or federal courts of King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising in connection with these Terms or your access to or use of the Services.

15. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

16. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, use or provision, or any other term, clause or provision of these Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at legal@oneallratings.com.