Terms & Conditions
Here's what you're agreeing to by accessing or using Onriva's websites and its related mobile apps (collectively, the "Onriva Service"):
We reserve the right to modify or replace these Terms at any time and in our sole discretion. When we do, we will update the last revised date at the top of these Terms. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms). It is your responsibility to regularly check the Onriva website to determine if there have been changes. Your continued use of the Onriva Service following the posting of any changes to the Terms of Service will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Onriva Service.
1. Our Services
The Onriva Service provides Client and its Client Users with access to Onriva's online business travel booking platform known as the Onriva Service. As used herein, "travel" may refer to flights, lodging, and/or rental cars, as each may be available through the Onriva Service from time to time. You may use the Onriva Service if you register for and use the Onriva Service with a valid, business-issued, internal email address as provided below.
The Onriva Service may be accessed and used under these Terms only through the web-based or mobile interface furnished by Onriva, and only for the purpose of making legitimate travel reservations and purchases for business users. You agree that you will not engage in or permit, any access to or use of the Onriva Service: (i) for the benefit of individuals outside your organization, (ii) to negotiate prices on travel to be purchased outside the Onriva Service, (iii) in any manner that violates applicable law or Onriva's published policies, terms or conditions, including but not limited to those listed in these Terms, or (iv) or for any other illegitimate or unauthorized purpose.
The Onriva Service will provide travel availability and rates from multiple suppliers from both the private and public travel markets, to the extent such information is available to Onriva for inclusion in the Onriva Service. The Onriva Service will require Client to provide credit card information to secure the travel booking; however, the credit card charge will be processed by the third party whose service is being used in connection with such purchase on or through the Onriva Service, rather than by Onriva. Onriva is not responsible for any booking that does not get reserved and/or ticketed due to a credit card that is declined by any such third party. Onriva will provide travel availability and rates from multiple suppliers from both the private and public travel markets, to the extent such information is available to Onriva for inclusion in the Onriva Service. You expressly consent to the sharing of such credit card information and or other transaction details with the third party with whom you are booking travel through the Onriva Service or any such third-party credit card processing companies used in connection therewith.
Onriva is acting as an intermediary for Client and Client Users to find travel services, which are sold and fulfilled by third-party providers. Onriva is not responsible for breach of contract or any actions or omissions on the part of the travel providers which result in loss, damage, delay, injury, or expense to you, traveler, or any other person.
Onriva will use reasonable efforts to provide you with customer support 24 hours per day, 7 days per week. Onriva will use reasonable efforts to keep you informed of any material changes or enhancements to the Onriva Service.
Either you or Onriva may terminate your use, or any Client User's use, of the Onriva Service with or without cause upon thirty (30) days' notice. In addition, Onriva may suspend access to the Onriva Service at any time, with or without notice, in the event of any actual or reasonably suspected violation of these Terms by you or any of your Client Users.
When using the Onriva Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Onriva Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Your Responsibilities
The Onriva Service is for business travelers trying to find and book travel information for themselves or their coworkers, and Onriva grants you a limited and revocable right to use the Onriva Service for those purposes only. You represent that all information you or your Client Users supply on the Onriva Service is true, accurate, current, and complete. If you book travel found on Onriva on another person's behalf, you represent that you are authorized to make that booking, and you agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. PLEASE NOTE THAT YOU AND YOUR CLIENT USERS MUST SIGN IN WITH A BUSINESS EMAIL ADDRESS TO USE THE ONRIVA SERVICE. IF YOU ARE EMPLOYED IN THE TRAVEL INDUSTRY, INCLUDING AS A TRAVEL AGENT OR AN EMPLOYEE OF AN AIRLINE, RENTAL CAR AGENCY, HOTEL, OR OTHER HOSPITALITY SERVICE PROVIDER, YOU ARE NOT ELIGIBLE TO USE THE ONRIVA SERVICE.
Without separate, written permission from Onriva in advance, you may not: (i) reuse or "scrape" Onriva's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Onriva places on your ability to access Onriva or information on the Onriva Service, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Onriva Service or otherwise interfering with the proper function of the website, (iv) "frame", "mirror" or otherwise incorporate any part of the Onriva Service into any other website or service, (v) reverse engineer, decompile or disassemble, temper with, or bypass any security associated with the Onriva Service, whether in whole or in part, or (vi) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Onriva Service.
In addition, no resale or commercial use of any Onriva Service or its contents is permitted nor any collection and use of any product listings, descriptions, or prices. No derivative use of any Onriva Service or its contents is permitted. No Onriva Service, nor any part of any Onriva Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Onriva.
In addition, you and your Client Users hereby agree that:
you and your Client Users will keep all content from and access to the Onriva Service strictly confidential and restricted to you only. Onriva reserves the right to terminate service upon violation of this clause;
you and your Client Users will ensure that only you access or use the Onriva Service under these Terms, and that you understand and will comply with the usage restrictions and other terms and conditions set forth herein. You will maintain (and ensure that all Client Users that you authorize maintain) the confidentiality of account information and passwords. You are responsible for all activities occurring under any those accounts, whether or not you claims to have authorized such activities;
you will submit to Onriva a completed client profile, and each of your authorized users (each, a "Client User") must submit to Onriva a completed end-user profile, each in a written or (if applicable) electronic form designated by Onriva from time to time (respectively, the "Client Profile" and "User Profile"). You are responsible for the accuracy and completeness of the Client Profile and each User Profile;
You hereby agree to indemnify Onriva and Onriva's agents, employees, service providers, and other partners and hold each of them harmless against any and all loss, liability, damage, claims, demands or suits and related costs and expenses to persons or property that arise, directly or indirectly, from acts or omissions of your or any of your Client Users in connection with the Onriva Service or any travel booked through the Onriva Service.
3. Fees and Rewards
In consideration of Onriva's account setup and implementation activities, Onriva may charge an implementation fee. Any such fees will only become due and payable upon the execution of a separate written agreement between the customer and Onriva.
From time-to-time, Onriva may implement a rewards program. The terms of programs may change over time and by participating in the current Onriva program, you agree to be bound by such terms. The current program terms are available here:
Rewards have no cash value and can only be applied towards future travel procured through the Onriva Platform.
The program, including reward values associated with various types of travel, is subject to change at any time.
Participants acknowledge that booking travel at Onriva.com represents an acceptance of the program's Terms and Conditions in place at the time of booking.
Only the person traveling is eligible to earn rewards. A member booking on behalf of another traveler is not eligible to earn rewards resulting from others' travel.
Awards earned by a participant can only be redeemed towards travel for that individual participant, and participants cannot book travel on another participant's behalf using rewards.
Rewards are NON transferrable.
Flight rewards are for round trip travel. One-way tickets earn half the rewards of a round-trip ticket.
International flight rewards are earned for travel between continents. Travel within a continent is eligible for domestic rewards.
Hotel rewards are achieved for a hotel stay, regardless of length. Multiday hotel stays that are broken into individual nights under separate bookings are eligible for a single reward.
Rewards are earned once travel has been completed. In the event a reward is earned for a reservation that is subsequently canceled or voided, the associated reward will be reversed.
Rewards must be used within 24 months following the date they were earned, at which point they will be forfeited.
Rewards can only be applied to pre-paid reservations, where payment is made at the time of booking.
The subscription will be automatically renewed each year on the anniversary of the initial subscription and the annual fee will be charged to the credit card on file. Should a participant choose to not renew a subscription, they can cancel by contacting Customer Support.
Participants that choose to not renew a subscription will forfeit any unused rewards. An exception will be made for participants who opt out following a change to the program. In this scenario, participants will have until the end of their original subscription term to use accrued rewards.
You agree that Onriva's information which is identified as confidential or proprietary ("Confidential Information") shall remain confidential and that you are prohibited from disclosing any of such Confidential Information to a third party. All terms of your agreement with Onriva are confidential and you may not disclose any specifics without the written consent of Onriva. You acknowledge that you may have access to Onriva's Confidential Information beyond the terms of your use of the Onriva Service. You will use the same level of care you use to protect your own Confidential Information and will use, at a minimum, reasonable care to protect Onriva's Confidential Information. Confidential Information may include the following types of information, whether oral, or in written or electronic form: files, designs, specifications, HTML, computer source and object code, development plans, trade secrets, ideas, or materials relating to past, present, planned, or foreseeable business, products, developments, technology or activities of a party.
Onriva may include your name on its website and other marketing materials to solicit additional customers.
5. Intellectual Property
The Onriva Service, and all information, data, and other content and materials available on the Onriva Service, including, but not limited to, the Onriva logo and all designs, text, documents, graphics, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Onriva and its suppliers and licensors and are protected by U.S. and international intellectual property laws. Onriva and its suppliers and licensors reserve all rights, titles, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.
Onriva and the Onriva logo are trademarks of Onriva, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Onriva. All other trademarks, product names, and company names or logos mentioned on the Onriva website are the property of their respective owners. You understand that reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
6. Pre-Release Services
Subject to these Terms, Onriva may make beta and other pre-release services, and related documentation, materials, and information (collectively, the "Pre-Release Services") available to you from time to time for the purpose of providing Onriva with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your use of the Pre-Release Services is solely for testing and evaluation purposes in connection with the Onriva Service and will not be used for any commercial purposes. During your participation in the Pre-Release Services, Onriva is not obligated to provide you with any maintenance, technical or other support for Pre-Release Services. You acknowledge that Onriva has no express or implied obligation to announce or make available a commercial version of the Pre-Release Services to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Services.
7. Disclaimer of Warranties
THE ONRIVA SERVICE AND ANY PRE-RELEASE SERVICES ARE OFFERED "AS IS". THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE ONRIVA SERVICE AND ANY PRE-RELEASE SERVICES, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, FARES, PHOTOGRAPHS, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE NAMES, FREQUENT FLYER MILE EARNING, HOTEL AMENITIES, HOTEL RATINGS, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.
ONRIVA AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND-EXPRESS OR IMPLIED-INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ONRIVA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL SENT FROM ONRIVA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONRIVA WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitation of Liability
IN EXCHANGE FOR ONRIVA'S PROVISION OF THE ONRIVA SERVICE TO YOU, YOU AGREE THAT ONRIVA IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL ONRIVA, OR ITS LICENSORS OR SUPPLIERS, BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR YOUR CLIENT USER'S USE OF OR INABILITY TO USE THE ONRIVA SERVICE, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF ONRIVA OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF ONRIVA'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL ONRIVA BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO ONRIVA.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE ONRIVA SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ONRIVA SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ONRIVA SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF YOUR OR YOUR CLIENT USER'S FLIGHT, TRAIN, OR OTHER TRAVEL IS DELAYED OR CANCELED, OR IF YOUR HOTEL RESERVATION IS ALTERED OR CANCELED.) THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY SERVICES OR PRODUCTS THROUGH OR ON THE ONRIVA SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES OR PRODUCTS BY ONRIVA.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Onriva Service is controlled and offered by Onriva in the United States of America. Onriva makes no representations that the Onriva Service is appropriate or available for use in other locations. Those who access or use the Onriva Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Third Party Content and Services
As you may notice, the Onriva Service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their terms, their privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you. Your security when using these third parties is your responsibility.
You may integrate various functionalities from other services, such as Microsoft Outlook and Google Calendar, with the Onriva Service. If you choose to integrate another service's functionality with Onriva, you understand that that service's terms and conditions are what govern your relationship with that service, not these Terms.
You also may interact with the Onriva Virtual Travel Agent via a third party service, such as Facebook Messenger or Slack. Again, you understand that your relationships with those third-party services are governed by the terms of service for those services, not these Terms, and that we are not responsible for these third parties' privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you.
10. Booking Travel Through Our Travel Partners
Additional terms, provided by the travel partner, apply to your transaction or other use of the booking feature powered by that partner, and you acknowledge and agree to be bound by those additional terms.
You understand that the applicable partner's terms govern your booking transaction, and that in the event of any material conflict between those terms and these Terms with respect to your booking transaction or other use of the booking feature, those terms shall prevail. Onriva has no control over its third-party travel partners and is not responsible for their terms, their privacy, data security or other practices, their performance, or their content, advertising, or other materials they may provide to you, whether or not provided through the Service.
11. Web Fare Guarantee
If a registered Onriva user finds a US domestic airfare at a lower final price on another website, Onriva will attempt to match that airfare or pay the difference between that airfare and the lowest airfare offered. To qualify for the Onriva Web Fare Guarantee, the registered Onriva user must book the airfare through the Onriva website and provide documentation of the lower airfare found on a publicly available site. The documentation provided by the registered Onriva user must be for an airfare that is bookable in the same class of service with the same outbound and return dates, exact times, same airline, and same flight number.
Airfares displayed on non-booking meta-search sites like Kayak, Momondo, Skyscanner, or Google Flights are not eligible to qualify for the Onriva Web Fare Guarantee, nor are airfares from auction sites like Priceline or Hotwire.* Airfares must be from public websites that provide real-time booking and not via wholesale, Travel Management Companies, or discount travel sites. The online airfare and Onriva airfare must be available on the same day.
To process the Onriva Web Fare Guarantee, the registered Onriva user must email all documentation and the Web Fare Guarantee Form to firstname.lastname@example.org. Payment to be made via check, ACH, or credit card refund within 60 days following completion of travel.
Required documentation to process the Onriva Web Fare Guarantee includes the following:
- Onriva registered user's first name
- Onriva registered user's last name
- Onriva registered user's email address and/or contact phone number.
- Identification of the nature of the trip: personal or business
- Date and time the airfare search was conducted
- Total web airfare, including all applicable taxes & fees
A screenshot of the website airfare and the original searched itinerary, including the following:
- Outbound and return dates
- Airline flight number
- Class of service (basic economy, economy, premium, business, first class).
* A meta-search site is defined as a site that aggregates fares and prices from other sites but does not actually fulfill travel bookings or relies on third-party fulfillment.
Access the Web Fare Guarantee Form HERE. Payment to be made via check, ACH, or credit card refund within 60 days following completion of travel.
Onriva reserves the right to cancel, modify, or otherwise change this web fare guarantee at any time, with notice.
12. Travel Insurance
The Onriva Service may contain links to third-party travel insurance products and services. If available, you will be able to elect to acquire such insurance in connection with your purchase of travel. The applicable terms relating to such insurance products and services are as provided by the third party a link to which will be available on our website where you are able to elect to purchase such insurance products or services.
13. Modifications to the Onriva Service
From time to time, we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Onriva Service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Onriva Service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Onriva Service.
14. Fare Rules
FARES MAY NOT BE REFUNDABLE, NOT ALLOW NAME CHANGES AND NOT TRANSFERABLE.
15. Refunds and Cancellations
FARES MAY NOT BE REFUNDABLE, NOT ALLOW NAME CHANGES AND NOT TRANSFERABLE. SUBJECT TO THE TERMS OF OUR TRAVEL PARTNERS, RESERVATIONS MADE ONE WEEK OR MORE PRIOR TO FLIGHT DEPARTURE, CAN BE CANCELED WITHOUT PENALTY UP TO 24 HOURS AFTER IT IS MADE.
THE RESERVATION MAY BE CHANGED IF ALLOWED BY THE TRAVEL PARTNER, HOWEVER, A CHANGE FEE MAY APPLY AND YOU MAY BE SUBJECT TO ADDITIONAL FARE CHARGES IF THE NEW FARE IS DIFFERENT FROM THE PURCHASED FARE. TO MAKE CHANGES, PLEASE CONTACT OUR TRAVEL PARTNER THAT PROCESSED THIS PURCHASE.
17. Customer Service
If you have any problems using the Onriva Service, our customer support representatives at email@example.com are ready to assist you. To help resolve your issue, the customer service representative who's assisting you may log in to the Onriva Service under your username, but only with your permission and only for the duration of the customer service session. Customer service representatives don't know your account password, and you don't need to provide it in order for them to help you.
18. Your Privacy
19. Marketing Activities
20. Ability to Accept Terms of Service
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Onriva is not intended for or directed to persons under the age of 13. Any person who provides their information to Onriva through any part of the Onriva Service represents to Onriva that he or she is 13 years of age or older. If you are under the age of 13, then please do not use the Onriva Service.
These Terms will continue to apply to you until either you or Onriva terminates your use of the Onriva Service. If you have created a Onriva account, you may terminate your use of the Onriva Service at any time by sending a notice confirming such termination to Onriva by email to firstname.lastname@example.org.
Onriva may suspend your access to the Onriva Service and/or terminate your use of the Onriva Service at any time, with or without notice to you, (i) if you are in breach of any other provision of these Terms or if you make unauthorized use of the Onriva Service; (ii) if Onriva elects at its discretion to cease providing access to the Onriva Service in the jurisdiction where you reside or from where you are attempting to access the Onriva Service, or (iii) in other reasonable circumstances as determined by Onriva at its discretion. The provisions of these Terms that are intended by their nature to survive the termination of your use of the Onriva Service will survive the termination, including, but not limited to, those Sections entitled Your Responsibilities, Confidentiality, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Your Privacy, Integration and Severability, Governing Law, Arbitration, and Arbitration Agreement, respectively. If you or Onriva terminate your use of the Onriva Service, or if Onriva suspends your access to the Onriva Service, you agree that Onriva shall have no liability or responsibility to you and Onriva will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law, except as otherwise provided under these Terms.
22. Integration and Severability
23. Governing Law
These Terms, and all legal issues arising from or related to the Onriva Service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state's conflict of law provisions.
All disputes between you and Onriva will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.
25. Arbitration Agreement
You and Onriva agree that any dispute, claim or controversy arising out of or relating in any way to the Onriva Service, our website or user interfaces, or these Terms shall be determined by binding arbitration or small claims court instead of in courts of general jurisdiction. You and Onriva agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree that, by using the Onriva Service, you and Onriva are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of your use of the Onriva Service.
If you elect to seek arbitration, you must first send to Onriva, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Onriva should be addressed to: Onriva, Attn: Legal, 592 Dory Ln., Redwood Shores, CA 94065 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Onriva and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Onriva may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Onriva or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Onriva is entitled. You may download or a form Notice and a form to initiate arbitration at www.adr.org.
After Onriva receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Onriva will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.
The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Onriva and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Onriva will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
If, however, the arbitrator finds in favor of Onriva as to the substance of your claim or the relief sought, you will reimburse Onriva for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse Onriva for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND ONRIVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Onriva agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if Onriva makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision, and agree to promptly cease using the Onriva Service.
26. Mobile Terms
If you use Onriva's mobile apps to access the Onriva Service (the "Mobile Service"), you accept and agree to be bound by the terms in this section, in addition to the rest of these Terms. Your continued use of the Mobile Service is conditioned upon your compliance with these Mobile Terms.
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