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Terms of Service
OneVest GO Terms of Use
Last revised on: March 23, 2026
OneVest Technologies Inc. (“OneVest”, “us”, “our”, and “we”) provides provides the OneVest GO platform (or such other name as we may designate from time to time), including CRM tools, software, mobile applications, and AI-enabled workflows, updates, and similar materials or services (collectively, the “Services”) in accordance with these Terms of Use (the “Terms”). Capitalized terms not defined in the Terms have the meanings provided in your Order Form (defined below).
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU WARRANT AND REPRESENT THAT (A) YOU ARE ACCEPTING THESE TERMS ON BEHALF OF THE ENTITY THAT YOU REPRESENT (“ENTITY”); (B) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF THE ENTITY; (C) YOU WILL ACCESS OR USE THE SERVICES STRICTLY FOR BUSINESS PURPOSES AND NOT IN A CAPACITY AS A CONSUMER. ONEVEST WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY NON-BUSINESS USE OF THE SERVICES BY YOU. ANY REFERENCE TO “YOU” AND “YOUR” SHALL ADDITIONALLY MEAN THAT ENTITY. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.
OneVest reserves the right to change, modify, add to, or otherwise alter these Terms at any time, or to change or discontinue any aspect or feature of the Services without notice to you. Such changes, modifications, additions, or deletions shall be effective immediately upon their posting on our website. You agree to review the Terms periodically to be aware of such revisions. Continued use of our Services following the posting of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
SERVICES
Definitions. For the purpose of these Terms, “Order Form” means the OneVest ordering document signed by you or the OneVest webpage that you use to purchase the Services. “Initial Term” means the initial term for the Services beginning on the start date and continuing for the duration set forth on your Order Form. “Renewal Term” means a renewal term for the Services following either the Initial Term, or a previous Renewal Term. Note that if you renew without a new Order Form, the duration of that Renewal Term will be the same duration as the immediately preceding Initial Term or Renewal Term. “Service Term” means the Initial Term and all Renewal Terms.
Service Term. OneVest will deliver the Services to you for the Service Term. The Service Term will be specified on your Order Form. Unless otherwise agreed to in writing, increases in the Services purchased during a Service Term will have a prorated term ending concurrently with the then-current Service Term.
Renewal. The Renewal Term, if any, and whether the Services auto renew, will be listed on your Order Form. Notice of non-renewal or scope reduction must be given in writing at least thirty (30) days before the start of the next Renewal Term.
ACCOUNT
Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about the Entity as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
Account Responsibilities. You are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify OneVest of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. You will promptly notify OneVest if you become aware of any unauthorized access to the Account or the Services. OneVest cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ACCESS TO THE SERVICES
Use. Subject to compliance with these Terms and payment of all applicable Fees, OneVest grants you during the Service Term, a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited right to use and access the Services solely for internal business use, and subject always to reasonable use as determined by OneVest in its sole discretion.
Restrictions. You will not: (a) use the Services in a way that violates applicable law or regulation; (b) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (c) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (d) access the Services in order to build a similar or competitive product or service; (e) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any form or by any means; (f) attempt to exceed or circumvent any limitations on use of the Services as set by OneVest from time to time and in its sole discretion; (g) attempt to circumvent security, license control, or other protection mechanisms, or tamper with, probe, scan, test the vulnerability of, or hack into or otherwise disrupt the Services or any associated website, computer system, server, router, or any other internet-connected device; (h) use the Services or Content (as defined below) in a way that violates third parties’ rights; (i) impersonate any person or entity or otherwise misrepresent your relationship with any person or entity; (j) engage in any fraudulent activity or further any fraudulent purpose; (k) where your use of the Services incorporates AI Features (as defined below), fail to comply in any way with the third-party AI provider terms, usage policies, and safety guidelines, including Gemini Terms of Service, the Google Generative AI Prohibited Use Policy, and any other applicable policies as updated from time to time; and/or (l) interfere with or disrupt the Services, including circumventing any rate limits or restrictions or bypass any protective measures or safety mitigations for the Services. Automated decision-making shall be used solely to support human decision-making in such cases. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of OneVest, and OneVest is not responsible for any Third-Party Links & Ads. OneVest 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. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Monitoring. For the avoidance of doubt, OneVest reserves the right to monitor use of the Services and, from time to time and in its sole discretion, implement additional restrictions and limitations on your use of the Services without notice including, but not limited to, data storage limits, or your access to some or all of the Services.
Suspension. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: (a) you breached these Terms or other applicable policies; (b) we must do so to comply with the law; or (c) your use of our Services could cause risk or harm to OneVest, our users, or anyone else.
AI FEATURES
Generally. The Services offer optional artificial intelligence features powered by third-party large language models, including Gemini AI (“AI Features”). You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of Content. As between you and OneVest, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of Content. Due to the nature of the AI Features and artificial intelligence generally, Output may not be unique, and other users may receive similar content from the AI Features. Responses that are requested by and generated for other users are not considered your Output.
Our use of Content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Accuracy. Output is for informational purposes only. It is not intended for legal or regulatory compliance. You should consult professional advisors before acting on any AI-generated Output.
Customer Obligation. When you use the AI Features you understand and agree that: (a) Output may not always be accurate; you should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice; (b) you must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services; and (c) you must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Retention. Use and retention of Input may extend beyond your use of the AI Features.
PRIVACY
Privacy. Please refer to OneVest’s privacy notice (the “Privacy Notice”), available at https://www.onevest.com/legal/privacy-policy for information on how OneVest collects, uses and discloses your personally identifiable information. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Notice.
HIPAA. You agree not to use the Services to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes “Protected Health Information”, as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103). NOTWITHSTANDING THE FOREGOING, SERVICES OFFERED BY ONEVEST ARE NOT DESIGNED FOR PROCESSING PROTECTED HEALTH INFORMATION, AND CUSTOMER SHALL NOT USE THE SERVICES TO STORE, TRANSMIT, OR PROCESS THIS INFORMATION.
FEES
Fees. Access to the Services is provided via various subscription plans (“Plans”) that offer different features and pricing. You will pay OneVest the applicable fees (“Fees”) in the currency and pursuant to the payment terms on the Order Form. All Fees are due and payable in advance, either annually or monthly, based on your chosen Plan. All Fees paid are non-refundable except as required by law or as otherwise specifically permitted herein. WE RESERVE THE RIGHT TO ADJUST PRICING AT ANY TIME. UNLESS WE EXPRESSLY COMMUNICATE OTHERWISE, ANY PRICE CHANGES TO ANY RECURRING FEES WILL TAKE EFFECT ON YOUR NEXT BILLING CYCLE UPON NOTICE COMMUNICATED VIA EMAIL AT LEAST THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT OF YOUR NEXT BILLING CYCLE. YOU WILL HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION PRIOR TO THE NEXT BILLING CYCLE. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE START OF SUCH NEXT BILLING CYCLE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE NEW FEES.
Plan Adjustments. Changes to a higher-priced Plan may be made at any time. These changes take effect immediately, and you will be charged the prorated difference for the remainder of the current term. Changes to a lower-priced Plan will only take effect at the start of your next Renewal Term.
Payment. By providing payment details (Credit Card, Debit, or Direct Debit), you authorize OneVest to charge your payment method on file for all applicable Fees, including recurring payments for the Services each month or annually, as selected at the time of purchase. You are responsible for any foreign transaction fees or currency conversion charges imposed by your card issuer. You must provide accurate and complete information. We may refuse service if we suspect impersonation or the provision of fraudulent information. Subscriptions renew automatically to ensure service continuity. OneVest uses a third-party payment processor to handle billing. Payment processing is subject to the terms of the payment processor, and OneVest is not responsible for their errors or processing delays. Unless expressly noted, all payments required by these Terms are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies and similar assessments and you agree to bear and be responsible for the payment of all such charges imposed, excluding taxes based on OneVest’s income and/or corporate franchise taxes.
Delinquency and Collection. If a payment is not successfully settled, we may attempt to charge your payment method on file one or more times. You remain responsible for all uncollected amounts. Charges to delinquent accounts are subject to interest of 2.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less. We reserve the right to suspend or terminate access to the Services without liability if your account is delinquent. You are responsible for all collection costs, including reasonable legal fees.
CONFIDENTIALITY
Use and Nondisclosure. “Confidential Information” means any business, technical, or financial information, materials, or other subject matter disclosed by one party (the “Discloser”) to the other party (the “Recipient”) that is identified as confidential at the time of disclosure or should be reasonably understood by Recipient to be confidential under the circumstances. For the avoidance of doubt, Confidential Information includes your Content. Recipient agrees it will: (a) only use Discloser’s Confidential Information to exercise its rights and fulfill its obligations under these Terms; (b) take reasonable measures to protect the Confidential Information; and (c) not disclose the Confidential Information to any third party except as expressly permitted in these Terms.
Exceptions. The obligations in Section 7.2 do not apply to information that: (a) is or becomes generally available to the public through no fault of Recipient; (b) was in Recipient’s possession or known by it prior to receipt from Discloser; (c) was rightfully disclosed to Recipient without restriction by a third party; or (d) was independently developed without use of Discloser’s Confidential Information.
Permitted Disclosure. Recipient may disclose Confidential Information only to its affiliates, employees, contractors, and agents who have a need to know such information for the purposes of these Terms and who are bound by confidentiality obligations at least as restrictive as those in these Terms. Recipient will be responsible for any breach of this Section 7 by its employees, contractors, and agents. Recipient may disclose Confidential Information to the extent required by law, if Recipient uses reasonable efforts to notify Discloser, to the extent permitted, prior to doing so.
BETA SERVICES
Beta Services. From time to time, OneVest may make services or features identified as alpha, beta, preview, early access, or evaluation (collectively, “Beta Services”) available to you. Beta Services shall be clearly designated as such. You may choose to use or not use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms presented to you. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, storage, or guarantee against loss of data of any kind. OneVest may discontinue Beta Services at any time in its sole discretion and may never make them generally available. ONEVEST SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES—USE AT YOUR OWN RISK.
Automatic Enrollment. Upon the expiration of the term of your Beta Services (the “Beta Period”), your subscription will automatically transition to the applicable paid Plan, and your payment method on file will be charged in accordance with your Order Form, unless you cancel your subscription before the Beta Period ends. OneVest will disclose the specific pricing and plan options prior to the initial charge.
IP RIGHTS
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, the OneVest brand, and its content are owned by OneVest or OneVest’s suppliers. You obtain only a limited right to use the Services, and no ownership rights are transferred to you under these Terms. OneVest and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Feedback. If you provide OneVest with any feedback or suggestions regarding the Services (“Feedback”), you hereby irrevocably and perpetually assign to OneVest all rights in such Feedback and agree that OneVest shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. OneVest will treat any Feedback you provide to OneVest as non-confidential and non-proprietary. You agree that you will not submit to OneVest any Feedback that you consider to be confidential or proprietary.
TERM AND TERMINATION
Term and Termination. These Terms will remain in full force and effect until terminated as provided herein. You may stop accessing the Services at any time. We reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering any part of the Services, there may be urgent situations—such as preventing abuse, or addressing security issues, or responding to legal requirements—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them. If you have subscription Services, we may terminate the subscription Services at any time for any other reason. If we exercise this right for convenience, we will refund you on a pro rata basis the Fees you paid for the remaining portion of your Service Term after termination, provided that if we terminate your access to the Services due to a violation of these Terms, you will not be entitled to any refund. We may also terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. Upon termination of these Terms, a subscription Service, or your access to the Services, we may at our option delete any Content or other data associated with your account without liability to you.
Survival. All sections of the Terms which by their nature should survive termination will survive termination or expiration of the Terms, including, without limitation: 6 (Fees), 7 (Confidentiality), 9 (IP Rights), 10 (Term and Termination), 11 (Disclaimers), 12 (Indemnification), 13 (Limitation of Liability), 14 (Dispute Resolution), and 16 (Miscellaneous).
DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ONEVEST (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 WARRANTY THAT THE SERVICES 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. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR CONTENT, THIRD-PARTY SERVICES, THIRD-PARTY CONTENT, OR NON-ONEVEST SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS).
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT FROM OUR SERVICE IS AT YOUR SOLE RISK, AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including legal fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms. OneVest reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OneVest. OneVest will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONEVEST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ONEVEST AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF THE RELATED PARTIES FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELATED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ONEVEST.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF ONEVEST IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ONEVEST WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS. ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
14. DISPUTE RESOLUTION
Mandatory Arbitration. You agree to resolve any claim or dispute arising out of or relating to your use of the Services, the Order Form, or the Terms (collectively, “Disputes”), including those arising before these Terms or after their termination, through final and binding arbitration.
General. You and OneVest agree that all Disputes will be referred to and determined by arbitration except as set forth below. Arbitration can be initiated by either party delivering to the other party a written notice of arbitration invoking this provision. The initiating party will pay all filing fees for the arbitration; and payment for other administrative and arbitrator costs will be governed by the arbitration provider’s rules. If a party’s claim is determined to be frivolous, the party who initiated the frivolous claim is responsible for reimbursing the other party for all administrative, hearing, and other fees incurred as a result.
Procedure. The arbitration will be conducted by telephone, based on written submissions, via video conference, or in person in Toronto, Ontario, or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator in accordance with the Arbitration Act, 1991 (Ontario). All issues are for the arbitrator to decide, except that an Ontario court has the authority to determine: (a) if a provision of this arbitration section should be severed; (b) whether the parties have complied with conditions precedent to arbitration; and (c) whether an arbitration provider is available to hear the arbitration. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
Exceptions. Notwithstanding the foregoing, OneVest shall be entitled to apply to a court of competent jurisdiction: (i) for interim or permanent injunctive relief or a restraining order to prevent an actual or threatened breach of the Terms or OneVest’s intellectual property rights; and (ii) to collect any outstanding amounts you owe to OneVest.
No Class Actions. Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a Dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims. Notwithstanding anything to the contrary in this section, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and OneVest agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the provincial or federal courts located in Toronto, Ontario.
Invalidity, Expiration. Except as provided in the “No Class Actions” subsection, if any part of this section is found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder shall continue in full force and effect. You further agree that any Dispute must be initiated via arbitration within the applicable statutes of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitations will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
15. MISCELLANEOUS
Publicity. You agree that OneVest may use your name or logo to list you as a OneVest customer on its website and in other marketing materials.
Governing Law. The Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Subject to the “Dispute Resolution” section above, all claims arising out of or relating to these Terms will be brought exclusively to courts sitting in Toronto, Ontario.
General. These Terms constitute the entire agreement between you and OneVest with respect to its subject matter and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral. These Terms hereby incorporate by this reference the applicable OneVest policies and relevant Order Forms. If there is a conflict between the documents that make up the Terms, the order of control will be: (a) the Order Form; (b) these Terms; and (c) applicable OneVest policies. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to OneVest is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OneVest’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. OneVest may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. The parties hereto confirm that it is their wish that this Agreement and all documents relating thereto, including notices, be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette entente de même que tous documents, y compris tous avis, s’y rapportant soient rédigés en langue anglaise seulement.