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Welcome to OnItsWay

The English version of OnItsWay Terms and Conditions govern in the U.S. The Russian translation is provided as a courtesy. OnItsWay makes no representation or warranties with regard to the accuracy of the translation.

We are OnItsWay, LLC. ("OIW," "Us," "We," or "Our"), and we are a platform that helps connect Travelers (whom we also call “Air Couriers) with extra luggage space to individuals (whom we call “Senders”) seeking to ship their personal items, goods or products on the same route, and individuals (whom we call “Shoppers”) seeking to obtain items, goods or products globally. We facilitate and support peer to peer shipping and shopping services provide our services through our web-application, located at www.onitsway.us.

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, THEY CONSTITUTE A CONTRACT AND CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.

These Terms of Use are a contract, and contain important information about Your legal rights, remedies and obligations, and they incorporate and include the OnItsWay Privacy Policy all of which You should read carefully and all of which we collectively refer to as the "Terms." Your agreement with Us depends upon how you use Our Platform, either as a Sender/Shopper, or as a Traveler, or both. References to "You" or "Your" mean the person(s) who accesses, uses, and/or participates in the OIW Platform in any way, and each of their heirs, successors and assigns. By accessing or using any part of our Platform, which includes without limitation as Senders, Shoppers, Travelers or persons accessing or searching the OIW Platform, You are agreeing to the Terms, and incorporated documents.

Modification or Changes to the OnItsWay Platform, the Terms of Use and Incorporated Documents

We are continually changing and improving the OnItsWay Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the OnItsWay Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the OnItsWay Platform, Fees (defined below) or any other aspect of the relationship between OnItsWay and You. You should look at the Terms regularly.

If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the OnItsWay Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the OnItsWay Platform.

Eligibility and Use of the Platform

Access to and use of the OnItsWay Platform is available only to individuals who are at least 18 years old, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Senders/Shoppers, Travelers or both, may also collectively be referred to in these Terms as "Members"). By accessing or using the OnItsWay Platform, You represent and warrant that you are eligible to do so.

YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS WE OTHERWISE SPECIFICALLY AGREE IN WRITING, ONITSWAY IS NOT IN THE BUSINESS OF OFFERING, SELLING, PURCHASING, OR BRINGING OIW'S ITEMS. YOU UNDERSTAND THAT BY ACCESSING THE ONITSWAY PLATFORM, AND IN BECOMING A MEMBER, YOU RECEIVE ONLY THE ABILITY TO USE THE ONITSWAY PLATFORM TO ACCESS USERS WHO MAY BE INTERESTED IN BEING A SENDER/SHOPPER AND/OR TRAVELER, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO MESSAGE OTHER MEMBERS ABOUT OIW’S ITEMS. YOU ACKNOWLEDGE AND AGREE THAT ONITSWAY IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANOTHER MEMBER, AND THAT ANY SUCH RELATIONSHIP IS BETWEEN THE MEMBERS ONLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT AT ALL TIMES, IT IS YOUR RESPONSIBILITY AND NOT ONITSWAY'S RESPONSIBILITY, WHICH IS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIAR WITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY APPLY TO ANY OIW’S ITEMS OR TO ANY RELATIONSHIP BETWEEN MEMBERS.

Members also acknowledge and agree that they are users of the OnItsWay Platform only, and that they are not OnItsWay employees, joint venturers, partners, or agents whatsoever. OnItsWay does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Members themselves who establish any applicable Traveler Fees. While OnItsWay may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any OIW’S Item arranged between Members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Members on the OnItsWay Platform, (iii) the performance or conduct of any Member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another Member, and their status in the OnItsWay community, OnItsWay does not endorse any particular Member or any OIW’S Item. Any reference to a Member being "Verified" (or similar language) only indicates that the Member has completed a verification or identification process and nothing else.

To promote the OnItsWay Platform and to increase exposure to potential Members or their desired OIW’S Items, content from the OnItsWay Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the OnItsWay Platform may be translated, in whole or in part, into other languages and where done so, OnItsWay does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.

Account Registration, Member Verification and Other Member Representations And Warranties

To access some of Our features and services, You will need to validly register for an account and to become a Member. You are only eligible to have one (1) Account at a time, and are not allowed to transfer Your account at any time to another person or entity. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).

You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that (i) neither You nor the subject of Your transaction (i.e., OIW’S Items) is the subject of a United States or other country's embargo, or that it has been designated by the United States Government as a "terrorist supporting" country and that (ii) You are not listed on any United States Government or any other country's list of prohibited or restricted parties.

To create a Member account, You must create a password-protected account ("Account"). You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by OnItsWay now or in the future such as Google, or Facebook, Twitter or others ("Third Party Networks"), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the OnItsWay Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your OnItsWay Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform OnItsWay of any suspected unauthorized use. OnItsWay is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to OnItsWay or third parties due to unauthorized use of Your Account.

SMS or Text Messaging

By creating an Account, and becoming a Member, You agree that the We may send you text (SMS) messages as part of the normal business operation of Your use of the OnItsWay Platform. Such uses include without limitation, to provide You with information you requested from OnItsWay or its Members, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be able willing to discuss OIW’S d Items, or other aspects of your Account.

These text (SMS) messages may be automated or non-automated, and while OnItsWay does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the OnItsWay Platform.

Prohibited Conduct

Regardless of whether you access or use the OnItsWay Platform with or without an account, by accessing, searching on or using the OnItsWay Platform in any way, You agree that will not:

  1. Use another person's Account, to misrepresent yourself, Your identity or qualifications or transactions;
  2. Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or to any OIW’s Items.
  3. Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the OnItsWay Platform or content thereon for any purpose without OnItsWay's prior written approval;
  4. In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate OnItsWay Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
  5. Transmit more request messages through the OnItsWay Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
  6. Take any action that (a) may unreasonably encumber the OnItsWay Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the OnItsWay Platform; (d) circumvents, disables or otherwise interferes with security features of the OnItsWay Platform; (e) distributes viruses or any other technologies that may harm OnItsWay or users; (f) uses the OnItsWay Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the OnItsWay Platform;
  7. As a Member, use the OnItsWay Platform in any manner that circumvents Your obligation to pay OnItsWay or another Member or to bring OIW’s Items as agreed;
  8. "Stalk," or harass or intimidate any other Member or user of the OnItsWay Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the OnItsWay Platform, or use the communication systems provided by the OnItsWay Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes;
  9. Recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the OnItsWay Platform;
  10. Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the OnItsWay Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  11. Violate any OnItsWay policies that govern or relate to Your use of the OnItsWay Platform and interactions with You and third parties;
  12. Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by OnItsWay and which relate to Members;
  13. to fail to perform as agreed upon by Members;
  14. Engage in fraudulent conduct including but not limited to entering into a relationship with another Member to obtain and/or bring OIW’s Items with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring OIW’s Items that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the OnItsWay Platform or to circumvent or evade the OnItsWay Platform or to evade any other requirement of these Terms;
  15. Registering for more than one (1) OnItsWay Account or registering for a OnItsWay Account on behalf of an individual other than Yourself or transferring or purporting to transfer your OnItsWay Account to any other person.
  16. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the OnItsWay Platform; and
  17. Attempt to indirectly undertake or achieve any of the foregoing.

User or Third Party Generated Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us ("User Content"), which may include but is not limited to profile information, information about OIW’s Items or relationships and similar content. By making available User Content to Us, You grant to OIW an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the OIW Platform and for any other purpose in our sole discretion, except that private messaging through the OIW Platform will not be used by OIW in public advertising. The license granted by You to OIW will survive termination of these Terms and shall survive termination of the OIW Platform, if any, or termination of Your Account. OIW does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content.

You acknowledge and agree that OIW has no role in the creation, either in whole or in part, of User Content you provide to OIW or to the OIW Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant OIW the rights in User Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or OIW's use of Your User Content (in whole or part infringes, misappropriates or violates any third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that OIW may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.

We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the OIW Platform or to User Content that We consider to be a violation of these Terms, OIW policies and procedures, We consider harmful to the OIW Platform, to OIW or to any other Member or third party or which We consider to be otherwise objectionable or for any other reason.

Payment Terms and Appointment of OnItsWay as Limited Payment Collection Agent

Payments-Related Representations and Warranties

As set forth above, except where we otherwise specifically agree in writing, OIW does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any OIW’s Items or any other tangible or intangible thing that You may discuss with another Member. When Senders/Shoppers and Travelers make or accept an offer to transact, they are entering into a contract with each other, and even though OIW may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.

You may not use OIW's payment related services except as authorized by the laws of the United States of America, the laws of the jurisdiction where you reside, and any other applicable laws. Specifically, but not by way of limitation, OIW's payment related services may not be used to send or receive funds or currency into (i) any United States embargoed countries; (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's list of Denied Persons List or Entry List. By agreeing to these Terms, by accessing and/or using the OIW Platform, you further represent and warrant that (i) neither you nor the subject of your transaction (e.g., items, goods, products, services, tangible or intangible things) are located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) that you are not listed on any United States Government list of prohibited or restricted parties. Additionally, notwithstanding your agreement to the above relating to the laws of the United States of America and its subdivisions, localities and municipalities, you also hereby agree to comply fully with relevant export and import and customs laws in your local country and jurisdiction. OIW may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources ("Third Party Services"). Any such Third-Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not OIW, and Members should review them carefully and independently. OIW is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by OIW of such providers or their services.

Payment Processing Services

Payment processing services, which are a key feature of the OIW Platform, are currently provided by Stripe, and where applicable, may include money transmission services pursuant to licenses or other regulatory approvals held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms or by accessing, searching or using the OIW Platform, You agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as they may be amended or modified from time-to-time by Stripe. OIW's provision of any payment processing services through Stripe is subject, and conditioned upon, Your agreement to provide OIW up-to-date, accurate, and complete information relating to you and your payment instrument(s) and You expressly authorize OIW to share this information and transaction-related information relating to your use of payment related services with Stripe. OIW reserves the right to provide payment processing services through other Third-party vendors, and if it choose to do so, will provide notice to you via OIW Messaging or through another method. OIW’s Senders, upon Traveler’s approval, may choose to pay cash for delivery services. When a Traveler receives a delivery request, he/she can accept the cash payment method, or cancel the delivery request by indicating that the cash payment option is not acceptable. If such a cancellation occurs, a Sender has to resubmit their delivery request to find a new Traveler, or the Sender should change the payment method to credit/debit card to be able to choose the Traveler that they selected earlier.

Appointment of OIW as Limited Payment Collection Agent

By agreeing to these Terms, and in accessing or using the OIW Platform, Travelers appoint OIW as their respective limited payment collection agent, authorized to receive and collect payments for transactions entered into between Members, including (i) Item Costs, (ii) OIW Service Fees, (iii) Traveler's Fees, and (iv) Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs or government charges) ("Total Fees") owed by Senders/Shoppers to Travelers as set forth in these Terms. Payments made by Senders/Shoppers to OIW in connection with an Offer shall be considered the same as a payment made directly to Travelers, and Travelers agree to provide the items to Senders/Shoppers in the agreed-upon manner as if the Traveler has received payment directly from Senders/Shoppers. You further agree that OIW's obligation to remit payments to Travelers is conditioned upon and extends only to sums that it has successfully received from Senders/Shoppers in accordance with the relevant agreements, and also that in accepting appointment as the limited payment collection agent, OIW assumes no liability for any acts or omissions of Senders/Shoppers or Travelers, Members or any other person. As limited payment collection agent, OIW assumes no liability or obligation for any funds or obligations owed by Senders/Shoppers that were not collected by OIW in its role under this Paragraph.

Each Sender/Shopper and Traveler acknowledges and agrees that, notwithstanding the fact that OIW is not a party to the agreement between Travelers and Senders/Shoppers, OIW acts as the Travelers payment collection agent for the limited purpose of accepting collection from Senders/Shoppers on behalf of the Traveler. Upon Senders’/Shoppers' remittance to OIW, Shoppers' payment obligation to the Traveler for agreed upon amounts is extinguished, and OIW is responsible for remitting funds collected to Travelers in the agreed upon manner. In the event that OIW does not remit such amounts, Travelers' recourse is only against OIW, and not Shoppers directly. If any Member does not make a payment properly, or if OIW cannot properly charge a payment method on file with it, or any other payment method for any reason, OIW expressly reserves all rights under applicable law to recover payment as well as all of its costs and expenses incurred, including reasonable attorneys' or other professionals' fees, in pursuing such payment(s).

Transactions Between Senders/Shoppers and Travelers on OnItsWay

OIW strives to make the OIW Platform useful, simple and efficient. OIW Senders/Shoppers located globally may gain access to Travelers who have better availability to certain goods and products in other markets who may be fully willing to bring these items to their OIW’s Shoppers.

As set forth more fully below, in a typical transaction facilitated on the OIW Platform, the Sender publishes an order called a “Sender Order” which identifies what items the Sender wants to be delivered, and the Shopper publishes an order called a "Shopper Order” which identifies what items the Shopper wants to be purchased and delivered by the Traveler. Interested Travelers or Travelers matched by the OIW Platform, may then make offers to bring OIW’s Items on terms expressed between Members in a "Traveler's Offer." When agreed upon, execution of the "Shopper's Acceptance, fixes the final and binding agreement between the Members.

The Shopper Order

After finding an Item of interest, Shoppers must create a valid Shopper's Order. The Shopper’s Order is made when the Shopper uses the OIW Platform submission tool to (i) describe the item specifically including the price; (ii) to add the location (City and Country) where the Shopper is or where they want the OIW’s Items brought, and (iii) to add the desired receipt date. OIW advises Shoppers to be as specific as possible, and provides a place to "Include a Note to Your Traveler" to help ensure that a Traveler obtains and brings only the desired item. Shoppers shall not request Prohibited OIW’s Items.

The Sender Order

To send personal item/items via Travelers registered on the OIW’s Platform, Senders must create a valid Sender’s Order. The Sender’s Order is made when the Sender uses the OIW Platform submission tool to (i) indicate from what City and Country the item/items need to be sent from; (ii) indicate to what City and Country the item/items need to be delivered to; (iii) indicate whether the forwarding service (item/items should be mailed by local mail company within the country of destination) is required. If the forwarding service is required, a Sender needs to specify to what city their item/items should be mailed to; (iv) indicate the desired receipt date, and the time frame within which the delivery could be still acceptable; (v) indicate the Recipient Name and their phone number if it is known at the time of order submission. If the name is not known yet, the Sender should indicate his/her name and phone number; (vi) select item/items and their quantity from the list provided by OIW. If the item is not on the list, the Sender should Select one of the “Other” categories that best matches to the item/items dimensions. If one of the “Other” categories is selected, the Sender must provide a detailed description of an item. For all items the Sender should upload their picture. If one of the “Other” categories is selected, the Traveler’s approval is required to send that item. If the Traveler does not approve the Other item, he/she can still deliver the remaining items; (vii) indicate the value of each item on the Sender Form; vii) indicate the desired payment method. Senders can choose to pay for delivery services by credit card via Stripe, or by cash at the time when the Recipient picks up delivered item/items, Senders shall not ask Travelers to carry the Prohibited items. It is required that Senders and Travelers should be familiar with the custom laws of the departure, transit and arrival countries. If item/items are confiscated by the Custom Officers, the Traveler assumes the financial responsibility for the confiscated item/items, and shall reimburse the Sender with the value that was indicated by the Sender in the Sender Order.

Prohibited OIW’s Items

OIW Senders and Shoppers expressly agree not to use the OIW Platform or to request that a Traveler obtain or bring any item that is prohibited under the laws of the United States and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to Members, goods, transit or destination. It is the responsibility of both the Shopper and the Traveler (and not OIW) to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited, to:

  1. Hazardous Materials as defined by the United States Environmental Protection Agency (EPA) the United States Occupational Safety and Health Administration (OSHA), the United States Department of Transportation (USDOT), the United States Nuclear Regulatory Commission (NRC) or by the United States Department of Commerce (DOC), United States Customs and Borders Protection (CBP), United States Department of Homeland Security or similar agencies, national, state and local.
  2. Counterfeit goods
  3. Currency
  4. Stolen property
  5. Firearms, ammunition, explosives or chemicals
  6. Human remains
  7. Pornography or obscene materials
  8. Illegal drugs or regulated drugs (prescription) in violation of law
  9. Any product or item related to illegal activities, such as the production of illegal drugs
  10. Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination
  11. Batteries
  12. Aerosols or any flammable materials
  13. Knives, batons or other weapons
  14. Certain agricultural products
  15. Items imported into the United States without a customs declaration where one was required.

OIW recommends that Shoppers and Travelers consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin, such as lists maintained by the United States Transportation Security Agency, (TSA). All travel from the United States, and packing related thereto, shall comply with all applicable TSA Rules.

Recommended Traveler Fees

When the Sender submits a Sender Order, he/she gains an access to the list of Travelers available to deliver the Sender’s item/items. The Sender will be able to see all the necessary details (Traveler’s name, rating, estimated cost of delivery etc) which can help the Sender choose the best Traveler for their delivery. The displayed Traveler’s fees will include the OIW’s Service fees. When choosing the delivery fees the Traveler can choose the Fees recommended by OIW, or choose their own Fees. The Sender cannot negotiate the Fees.

Trial Period

Senders and Shoppers are granted a 30-day trial period starting from the date of their registration on the OnITsWay web-site or application. During the Trial period the OIW Service fee is waived, and Senders/Shoppers will only be responsible for paying Traveler’s fees including bank transaction fees and additional fees (forwarding, taxes, etc.) if applied.

Shopping Fees when Travelers make purchases for Shoppers

The following components that make up the Total Shopping Fees must be contained in, and fully described in the Traveler's Offer. When Accepted, the Traveler's Offer establishes the final and total amounts to which the Shopper agrees.

 

  1. Item Cost purchased by the Traveler: Although a Shopper may specify a price in the Shopping Order, the actual Item Cost shall be the amount specified by the Traveler in the Offer;
  2. OIW Service Fee: This is as service fee charged by and retained by OIW for the use of its OIW Platform by Shoppers and Travelers. Service Fees are collected by OIW from Shoppers and deducted from remaining amounts remitted to Travelers by OIW as the Traveler's limited payment collection agent as described above. Service Fees are non-refundable. However, if the delivery didn’t occur because of the Traveler, OIW will provide the Shopper with a full refund minus banking transaction fees.
  3. Traveler's Delivery Fee: The Traveler's Delivery Fee is the amount Shoppers agree to give to their Traveler for helping the Shopper to purchase and deliver the item/items. As set forth above, OIW may estimate a Traveler's Delivery Fee for planning purposes, but the actual Traveler's Fee is set by the Traveler in the Offer. The OIW Service Fee and Traveler's Fee may collectively be referred to by OIW as the "Platform Fees)."
  4. Applicable Taxes: OIW may auto-calculate an estimate of sales and other taxes associated with the Traveler's Offer. OIW always separately states the Applicable Taxes from the Item Cost, and the Platform Fees.
  5. All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that the Shopper is aware of such fees prior to accepting the offer.

 

Delivery Fees when sending packages by Travelers

The following components that make up the Total Delivery Fees must be contained in, and fully described in the Traveler's Offer. When accepted, the Traveler's Offer establishes the final and total amounts to which the Sender agrees.

 

  1. Traveler's Delivery Fee: The Traveler's Delivery Fee is the amount a Sender agree to give to their Traveler for helping the Sender to carry the item/items to the final destination. As set forth above, OIW may estimate a Traveler's Delivery Fee for planning purposes, but the actual Traveler's Delivery Fee is set by the Traveler in the Offer. The OIW Service Fee and Traveler's Fee may collectively be referred to by OIW as the "Platform Fees)."
  2. OIW Service Fee: This is as service fee charged by and retained by OIW for the use of its OIW Platform by Senders. Service Fees are collected by OIW from Senders and deducted from remaining amounts remitted to Travelers by OIW as the Traveler's limited payment collection agent as described above. Service Fees are non-refundable. However, if the delivery didn’t occur because of the Traveler, OIW will provide the Sender with a full refund minus banking transaction fees.
  3. Applicable Taxes: OIW may auto-calculate an estimate of sales and other taxes associated with the Traveler's Offer. OIW always separately states the Applicable Taxes from the Item Cost, and the Platform Fees.
  4. All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that the Shopper is aware of such fees prior to accepting the offer.

 

Forwarding Fees

At the time of submitting a Sender/Shopper Order, the Sender/Shopper may request the forwarding (mailing) of their item(s) within the country of the final destination. Forwarding Services may be offered by Travelers for an additional fee ("Forwarding Fee"). If a Traveler agrees to provide such services, they commit to forwarding the Sender’s package or Shopper’s item(s) to the address specified in the order form. In these instances, the Traveler must request that the Sender provide a pre-paid shipping label or details of the pre-paid mail service within the destination country. The Traveler reserves the right to accept or decline any request for Forwarding Services at their sole discretion. The Traveler is required to provide the forwarding services within a period of 3 days, starting from the day of arrival in the package's destination country.

Import Restrictions and Charges

It is the sole responsibility of the Travelers to be familiar with, to specify, and to include in the Traveler's Offer, any and all applicable customs duties, tariffs, and charges applicable to the items carried by Travelers on behalf of Senders or/and bought and carried by Travelers on behalf of Shoppers. Although not exhaustive, OIW may provide links to certain government and third party sites where Members can find out more information about their travel destinations and rules and regulations applicable to their travel, including:

 

  • Country Information from U.S. State Dept.--Bureau of Consular Affairs
  • Customs Duty Information from U.S. Customs and Border Protection
  • Country Information from Int'l Air Transport Ass'n
  • U.S. Customs and Border Protection Form 6059B

 

Sender’s/Shopper's Acceptance

When the Sender/Shopper and Traveler have agreed to all aspects, including applicable timing and Total Fees, the Sender/Shopper must agree to the Traveler's Offer, in what we call the "Sender’s/Shopper's Acceptance." The Sender’s/Shopper's Acceptance is a agreement on all material terms between a Sender/Shopper and Traveler, under which they agree to be bound to each other to in the manner agreed.

Ownership, Acceptance, Risk of Loss and Insurance

Members acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by Members, it is the Travelers, and not Senders/Shoppers, who are responsible to keep the items they agreed to carry in the same condition they received them from Senders or purchased them. Members also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveler unless and until the Traveler has completed all of the obligations under his or her agreement with the Sender/Shopper, which includes bringing the items as agreed.

Acceptance of Sender’s/Shopper’s Items

The Sender/Shopper and Travelers must agree at the time the Sender’s/Shopper's Request is accepted by the Traveler on a specific time period for acceptance of the items specified in the Sender’s/Shopper’s Order. Travelers shall bear the responsibility to identify an acceptable safe and public place to meet with their Senders/Shoppers for the purpose of inspection and exchange of goods. The time for delivery can be extended only by written agreement between the Sender/Shooper and Traveler on the OIW Platform, or by OIW. Unless the parties otherwise agree in writing, it is the Sender’s/Shopper's obligation to inspect and accept the items at the time of delivery, and the agreement between the parties is deemed complete at the time of acceptance regardless of whether the Sender/Shopper shows up to inspect and accept OIW’s items. Unless the Traveler and Sender/Shopper have agreed otherwise in writing, if the goods are not made available for delivery and acceptance within five (5) days of the delivery date, and the Sender/Shopper has not inspected and accepted the Items, the Sender’s/Shopper's Payment Method will be charged, and the amounts released to the Traveler. The only permissible method to extend the delivery, inspection and acceptance periods agreed to by the Sender/Shopper and Traveler is written communication between the parties on the OIW Platform or through notification by OIW through the OIW Platform.

Rejection and Refunds

Shoppers may refuse to accept the items bought and brought by the Traveler only if the Traveler has brought incorrect goods (for example, specifications which differ from the agreement between the parties, in terms of brand, color, style, size, etc.) or the condition of the item/items is other than that agreed to between the parties (for example, damaged or used items or otherwise not in the condition represented). Shoppers may not refuse acceptance of the purchased on their behalf items because they changed their mind about the transaction, or through an attempt to renegotiate the price of the items or because they have found the items elsewhere. Shoppers agree that OIW, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies and if OIW determines the rejection is impermissible or unauthorized, Shoppers agree that their Payment Method may be charged and the transaction completed as agreed to by the parties. Except as set forth above, in instances where the Shopper fails to appear for inspection and acceptance within five (5) days of the delivery date, Shoppers are required to confirm inspection and acceptance of the delivered items in the OIW messaging on the Platform in order to release funds to Travelers.

If OIW is unable to collect any amounts due from Shoppers under these Terms via the chosen payment method, Shopper authorizes OIW to charge any other payment method on file with OIW (unless any have been previously removed or the authorization to charge them has been previously rescinded). Shoppers also expressly authorize OIW to recover any costs and expenses it incurs in collecting any Total Fees not paid or collected via your chosen payment method that remain due and owing. OIW is not responsible for any fees or charges that a third party payment processor may impose when payment methods are charged or disputed, and disclaims all such liability.

Intellectual Property

All information and material on our Platform, other than User Content, is either owned by OIW or is licensed by the respective owners. You are not allowed to use these materials except as we permit You to do so in writing. The trademarks and service marks OIW and the associated logo and graphics are owned by OIW protected by copyright, trademark and other laws of the United States, foreign countries and international conventions. Any other marks are the property of their respective owners. You agree that You recognize our rights and the rights of third parties in their respective marks and that You may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and You have no rights to our intellectual property or rights in intellectual property.

Subject to Your continued compliance with these Terms, and in Our sole discretion, OIW grants You a limited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicensable license to reproduce and display content from the OIW Platform (excluding any software source code) only in connection with Your access to and participation in the OIW Platform for Your personal and non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by OIW or its licensors.

Warranty Disclaimers

We hope You enjoy using the OIW Platform and find it invaluable. There are certain things that we do not and cannot promise.

YOUR USE OF THE OIW PLATFORM SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OIW DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS

THE OIW PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OIW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

OIW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE OIW PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE OIW PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OIW PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THE OIW PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OIW PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE OIW PLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THE OIW PLATFORM. YOU UNDERSTAND THAT OIW DOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD PARTY USERS OF THE OIW PLATFORM OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF A RELATIONSHIP FACILITATED BY THE OIW PLATFORM.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF OIW OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS WITH MEMBERS OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LEGALITY OF YOUR TRANSACTIONS. ITEMS, COMMUNICATIONS, TAXES, DUTIES, FEES OR OTHER CHARGES, OR GOVERNMENT OR CUSTOMS OFFICIALS OF ANY COUNTRY RELEVANT TO ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS FACILITATED BY THE OIW PLATFORM. YOU ALONE ARE RESPONSIBLE FOR ANY STATEMENT MADE TO ANY GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS THAT IS FACILITATED BY THE OIW PLATFORM, INCLUDING BUT NOT LIMITED TO, THAT YOUR TRANSACTION IS IN FULL COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TO SUCH TRANSACTION AND REMAIN AT ALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES, DUTIES, IMPORT OR EXPORT CHARGES, FINES, PENALTIES, INTEREST OF PAYMENTS OF ANY KIND RELATING TO YOUR TRANSACTIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OIW OR THROUGH OR FROM THE OIW PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE OIW PLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND OIW OR BETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER OIW NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF OIW, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USER OF THE OIW PLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150).

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold OIW and its affiliates and subsidiaries, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Your access to or use of the OIW Platform or Your violation of these Terms; (b) Your User Content; (c) Your interaction with any other Member, Shopper, Traveler or Third Party or other user of the OIW Platform or (iv) any Request, Offer, Acceptance or any other transaction (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind between You and Members.

If you are a California resident, you waive California Civil Code Section 1542 which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. If you are not a California resident, you waive your rights under any statute, at common law, at civil law or in equity similar in principle to California Civil Code Section 1542 that relates to or governs your right to waive unknown claims in your jurisdiction

Arbitration and Class Action Waiver

Please Read this Section Carefully. It Affects Your Legal Rights, Including Your Right to File a Lawsuit In Court.

You and OnItsWay agree that these Terms affect interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.

The term "Dispute" means any dispute, claim or controversy between us that arises out of this agreement, or the use of the OnItsWay platform, or the relationship between us, regardless of legal theory and includes claims that accrued before the date You entered into this agreement as well as claims relating to the interpretation, validity, enforcement or scope of the agreement to arbitrate disputes contained in this Section. The term "Dispute" is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are claims that can be resolved in Small Claims Court and certain intellectual property claims, as provided below.

By agreeing to these Terms, You agree to resolve any and all disputes with OnItsWay as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to arbitration or litigation. You can reach OnItsWay's support department by sending request to support@onitsway.us. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.

Binding Arbitration: If we cannot resolve the dispute with You within thirty (30) days of when You start informal dispute resolution, then the dispute must be resolved by binding arbitration which may be begun by either You or OnItsWay. All claims or disputes arising out of or relating to these Provider Terms (including the Terms' or Privacy Policy's formation, performance, and breach), Your relationship with OnItsWay and/or Your use of the OnItsWay Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules, excluding any rules or procedures governing or permitting class or representative actions. (If Your claim exceeds $250,000, You and OnItsWay agree that the JAMS' Comprehensive Arbitration Rules and Procedures will apply, excluding rules or procedures governing or permitted class or representative actions). The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity.

The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Starting Arbitration. To start an arbitration, You must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages You seek to recover (You may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to OnItsWay at 677 W. Arrow Hwy, San Dimas, CA, 91773 USA, ATTN: Legal.

You and OnItsWay each understands that, absent the mandatory arbitration provision in this Section, they would have the right to sue in court and have a jury trial. You also acknowledge that You are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit.

Location of Arbitration. We both agree that arbitration between OnItsWay and Providers shall take place in the City and County of San Bernardino.

Class Action Waiver: Providers and OnItsWay each agrees that any and all arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis or any other representative basis. YOU AND ONITSWAY 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.

If any court or arbitrator determines that the class action waiver above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding Your and OnItsWay's decision to resolve all disputes through mandatory arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the United States Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Survival. This Arbitration and Class Action Waiver section will not be affected by any termination of Your Account or the OnItsWay Platform and will survive termination of the relationship between You and OnItsWay.

Copyright

We respect and expect Providers and Parents to respect copyright law. Where warranted, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

Third Party Sites

The OnItsWay Platform may contain links or connections to third party websites or services that we do not control. You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third party sites or content.

General Terms

Entire Agreement. These Terms constitute the entire agreement between You and OnItsWay and governs your use of the OnItsWay Platform, superseding any prior version of these Terms between you and OnItsWay with respect to the OnItsWay Platform. Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other OnItsWay rendered services. Choice of Law and Forum. You and OnItsWay each agree that the Terms and the relationship between You and OnItsWay or between You and any Member or third party shall be exclusively governed by the substantive laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between You and OnItsWay, to the extent not required to be filed in arbitration as provided in these Terms, shall be brought exclusively in the courts located in San Bernardino County California. You and OnItsWay agree to submit to the personal jurisdiction of the courts located within San Bernardino County, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of OnItsWay to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that Your OnItsWay Account is non-transferable and any rights to Your OnItsWay Account or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the OnItsWay Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. OnItsWay Assignment. OnItsWay may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.

Contact OnItsWay

If You have any questions, comments, or concerns regarding these terms or the OnItsWay Platform, please contact us by sending a request to Support or at 677 W. Arrow Hwy, San Dimas CA, 91773 USA

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