OneEleven, Inc.

Thank you for enrolling in ONEELEVEN, INC.’s Financial Wellness Program (“Financial Wellness Program”). This TERMS OF SERVICE / NON-DISCLOSURE AGREEMENT ("Agreement”) contains the complete terms and conditions regarding your and ONEELEVEN INC.’s respective personal, proprietary, and/or confidential information shared via: (i) your personal OneEleven Account; and/or (ii) ONEELEVEN INC.’s providing of services pursuant to the Financial Wellness Program.

As used in this Agreement, “we,” “us,” “our,” or “OneEleven” shall mean ONEELEVEN, INC., and “you,” “your,” or “Client” shall mean individuals participating and enrolled in ONEELEVEN’s Financial Wellness Program, with each being referred to as a “Party, and collectively as the “Parties” throughout this Agreement. 

Please read the following terms carefully before submitting information establishing your OneEleven Account for participation in the Financial Wellness Program. By clicking “Accept” and completing enrollment into the Financial Wellness Program, you expressly acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions contained herein at all times, whether during your enrollment in the Financial Wellness Program or thereafter. If you do not agree with or wish to be bound by the following terms and conditions, you may not set up a OneEleven Account or participate in the Financial Wellness Program under any circumstances. If you have any questions regarding the meaning of any terms contained herein, please email those questions to hello@oneeleven.co. The failure to submit any questions prior to your enrollment in the Financial Wellness Program and setting up of your OneEleven Account will result in the presumption that you have read and completely understood all of the terms contained herein, and that you have expressly agreed to be bound by this Agreement. In the event you do not wish to be subject to the terms and conditions contained herein, your sole remedy shall be to immediately discontinue participation in the Financial Wellness Program.

NOW THEREFORE, in consideration of mutual covenants set forth herein and intending to be legally bound, you hereby agree as follows:

ENROLLMENT IN FINANCIAL WELLNESS PROGRAM / ONEELEVEN ACCOUNT

  1. Client (individually or through Client’s employer or through Client’s educational organization and via enrollment in OneEleven’s Financial Wellness Program) has retained OneEleven for the purpose of providing financial services, including, without limitation, wealth coaching, guidance, and education regarding the management of Client’s finances. Client agrees and acknowledges that services provided by OneEleven in accordance with its Financial Wellness Program are personal in nature and provided on a case by case basis in accordance with each client’s specific financial needs, information, requests, and/or other personal identifiable information. Client acknowledges and agrees that any and all personal and/or confidential information provided by Client and included in Client’s OneEleven Account shall be true, accurate, complete, and not misleading. Client acknowledges that the services provided by OneEleven are advisory only, and in no event shall information provided via the Financial Wellness Program be interpreted as providing any guarantees or “definites.” OneEleven reserves the right to expel you from the Financial Wellness Program in the event it is determined you have failed to comply with, or materially breached, any provision contained in this Agreement.

CONFIDENTIAL INFORMATION

  1. Definition of Confidential Information
    1. For purposes of this Agreement, “ONEELEVEN’s Confidential Information” means any data or information that is proprietary to OneEleven and not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to: (i) the Service Materials; (ii) any financial information, projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of OneEleven, or its affiliates, subsidiaries and affiliated companies; (iii) plans for products or services; (iv) customer or supplier lists; (v) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (vi) any concepts, reports, data, know-how, works-in- progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; and (vii) any other information that should reasonably be recognized as confidential or proprietary information of OneEleven. ONEELEVEN’s Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated ONEELEVEN’s Confidential Information. You acknowledge that ONEELEVEN’s Confidential Information is proprietary to, and shall be the sole and exclusive property of, ONEELEVEN, has been developed and obtained through great efforts by ONEELEVEN, and that ONEELEVEN regards all of ONEELEVEN’s Confidential Information as trade secrets. For purpose of this Agreement, “Service Materials” means any non-public or proprietary information of OneEleven provided by OneEleven to Client relating to or regarding the Financial Wellness Program, including, without limitation, such information proposing strategy or rendering advice, including, without limitation, client decks, wealth coaching videos, etc.
    2. For purposes of this Agreement “CLIENT’s Confidential Information” means any personal data, information, or communications provided by you to OneEleven for the purpose of setting up your OneEleven Account and enrolling and participating in the Financial Wellness Program. OneEleven acknowledges that CLIENT’s Confidential Information is and shall be your sole and exclusive property, and we shall not copy, distribute, or make available CLIENT’s Confidential Information except in accordance with the terms and conditions set forth in this Agreement. CLIENT’s Confidential Information and ONEELEVEN’s Confidential Information shall be collectively referred to as “Confidential Information” throughout this Agreement.
    3. Notwithstanding anything in the foregoing to the contrary, neither ONEELEVEN’s Confidential Information or CLIENT’s Confidential Information shall include information which: (i) was known by the receiving Party prior to receiving the Confidential Information from the other Party; (b) becomes rightfully known to the Receiving Party from a third-party source not known (after diligent inquiry) by the receiving Party to be under an obligation to the disclosing Party to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the receiving Party in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation, although the requirements of Section IV hereof shall apply prior to any such disclosure being made;  (e) is or has been independently developed by employees, consultants or agents of the receiving Party without violation of the terms of this Agreement or reference or access to the disclosing Party’s Confidential Information; or (f) is approved for disclosure by the disclosing Party.
  2. Disclosure of Confidential Information
    1. Upon receipt of Confidential Information, each Party agrees that it shall: (a) limit disclosure of any Confidential Information to its officers, employees, agents, affiliates, or representatives (collectively “Representatives”) who have a need to know such Confidential Information in connection with the current or contemplated relationship between the Parties, including, without limitation, as it relates to the Financial Wellness Program; (b) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth in this Agreement and require such Representatives to keep the Confidential Information confidential; (c) shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information received by it to any third parties (except as otherwise provided for herein).
    2. Each Party shall be responsible for any breach of this Agreement by any of their respective Representatives.
  3. Use of Confidential Information
      1. Each Party agrees to use the Confidential Information received from the other solely in connection with participation in the Financial Wellness Program and services offered and/or provided pursuant thereto, and not for any purpose other than as authorized by this Agreement. No other use of Confidential Information may be made without the prior written consent of an authorized representative of the other Party who owns such Confidential Information. No other right or license, whether expressed or implied, in the Confidential Information is granted to either Party hereunder. Furthermore, you agree and acknowledge that you shall not use any of ONEELEVEN’s Confidential Information received hereunder for the purpose of developing, creating, or marketing a competing product or providing competing services, or provide ONEELEVEN’s Confidential Information to any third party for such purpose(s).
      2. Title to ONEELEVEN’s Confidential Information will remain solely in ONEELEVEN, and title to CLIENT’s Confidential Information will remain solely with Client. All use of CLIENT’s Confidential Information by OneEleven shall be for your personal benefit. Any modifications and/or improvements made to ONEELEVEN’s Confidential Information by you shall be the sole and exclusive property of OneEleven.
      3. Notwithstanding the foregoing, you acknowledge that OneEleven may use and/or share CLIENT’s Confidential Information and/or your data related thereto to third parties for statistical purposes and/or in order for us to conduct and receive feedback and/or improve our ability to provide the Financial Wellness Program. In no event shall such use of CLIENT’s Confidential Information as described herein include or be tied to your name or other personal identifiable information. Furthermore, any and all such use of CLIENT’s Confidential Information as described herein shall be done in the aggregate (i.e. in combination with all clients of OneEleven) and in no event shall we release CLIENT’s Confidential Information on an individual basis. You hereby consent to our use of CLIENT’s Confidential Information as described herein.
      4. We may share aggregate client statistical data to such client(s) employers or sponsoring organizations pursuant to Section III(c) above. You acknowledge that OneEleven’s sharing of aggregate client data to employers and sponsoring organizations is necessary in order to show progress and/or other data gathered by OneEleven via the Financial Wellness Program, and hereby consent to the sharing of such aggregate data.
      5. We use Plaid Technologies, Inc. (“Plaid”) to gather Client data from financial institutions (i.e. if you have accounts at Citi Bank, Chase Bank, and Bank of America, Plaid provides such information in order to connect all three accounts to our dashboard and/or your OneEleven Account). By using the Financial Wellness Program, Service Materials, any service provided therein or related thereto, or any other part of the Financial Wellness Program, you hereby grant OneEleven and Plaid the right, power, and authority to act on your behalf in order to access and transmit your personal and financial information from such relevant financial institutions. Furthermore, via your use of the Financial Wellness Program, Service Materials, and other materials provided pursuant thereto, you hereby agree and consent to your personal and financial information being transferred, stored, and processed by Plaid in accordance with Plaid’s Privacy Policy, located at https://plaid.com/legal.
  4. Compelled Disclosure of Confidential Information
    1. Notwithstanding anything in the foregoing to the contrary, either Party may disclose Confidential Information of the other pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method, provided that the Party required to make such disclosure promptly notifies, to the extent practicable, the other Party in writing of such demand for disclosure so that such Party, at its sole expense, may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information; provided in the case of a broad regulatory request with respect to Client’s financial affairs and business (not targeted at ONEELEVEN), Client may promptly comply with such request provided Client gives (if permitted by such regulator) us prompt notice of such disclosure.
    2. Each Party agrees that it shall not oppose and shall cooperate with efforts by, to the extent practicable, the other Party with respect to any such request for a protective order or other relief. Notwithstanding the foregoing, if either Party is unable to obtain or does not seek a protective order and the Party required to make disclosure is legally requested or required to disclose such Confidential Information, disclosure of such Confidential Information may be made without liability.
  5. Return of Confidential Information
    1. Upon OneEleven’s request, Client shall immediately return to OneEleven, or destroy, all tangible material embodying ONEELEVEN’s Confidential Information provided hereunder and all notes, summaries, memoranda, drawings, manuals, records, excerpts or derivative information deriving therefrom and all other documents or materials relating thereto (collectively “Notes”) (and all copies of any of the foregoing, including copies that have been converted to computerized media in the form of image, data or word processing files either manually or by image capture) based on or including any of ONEELEVEN’s Confidential Information, in whatever form of storage or retrieval.
    2. OneEleven may retain CLIENT’s Confidential Information, including, without limitation, personal and financial information, disclosed to us while you are an active participant / user of the Financial Wellness Program and thereafter so long as needed for purposes that are not prohibited by applicable law.
    3. Upon Client’s request, OneEleven shall effectively delete, or destroy, all data and tangible material containing CLIENT’s Confidential Information within 14 days from receiving the Client’s written request. OneEleven shall send Client written confirmation thereof on written request. All deletion requests shall be sent to hello@oneeleven.co, and all emails directed to Client shall be sent to the email address associated with the Client’s OneEleven Account.

TERM

  1. This Agreement shall remain in effect for so long as Client is enrolled in the Financial Wellness Program (“Term”).
  2. Notwithstanding the foregoing, the Parties’ duty to hold in confidence the other Party’s

Confidential Information that was disclosed during the Term shall remain in effect indefinitely, subject to the terms and conditions of this Agreement.

REMEDIES

  1. The Parties acknowledge that ONEELEVEN’s Confidential Information disclosed hereunder is of a unique and valuable character, and that the unauthorized dissemination of ONEELEVEN’s Confidential Information would destroy or diminish the value of such information. Furthermore, the Parties acknowledge that the damages to OneEleven that would result from the unauthorized dissemination of ONEELEVEN’s Confidential Information would be impossible to calculate. Therefore, both Parties hereby agree that ONEELEVEN shall be entitled to, without the necessity of furnishing a bond or proving actual damages related thereto, injunctive relief preventing the dissemination of any of ONEELEVEN’s Confidential Information in violation of the terms hereof.
  2. Such injunctive relief shall be in addition to, and not in lieu of, any other remedies available hereunder, whether at law or in equity. OneEleven shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief or bringing any action relating to this Agreement.

NOTICE OF BREACH

  1. Each Party shall notify the other Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information by such Party or its Representatives, or any other breach of this Agreement by such Party or its Representatives, and will cooperate with efforts by such Party to help the other Party regain possession of Confidential Information and prevent its further unauthorized use.

WARRANTY AND REPRESENTATION

  1. Each Party warrants that it has the right to make the disclosures under this Agreement.
  2. The Parties acknowledge that ONEELEVEN’s Confidential Information is provided “AS IS” and without any warranty, express, implied, or otherwise, and in no event shall we be liable for the accuracy of completeness of ONEELEVEN’s Confidential Information. No warranties of any kind are given and we shall assume no liability of any kind with respect to ONEELEVEN’s Confidential Information or any use thereof, nor shall we indemnify you against or be liable for any third party claims with respect to your access to ONEELEVEN’s Confidential Information or use thereof. In no event shall we be liable for any direct, indirect, incidental, consequential, punitive, or special damages of any nature or kind resulting from, or arising in connection with, this Agreement, whether or not we have been made aware of the likelihood thereof.
  3. The Parties acknowledge that CLIENT’s Confidential Information provided in accordance with this Agreement shall be complete, accurate, and kept up to date. It shall be your sole responsibility to periodically review, update, and correct CLIENT’s Confidential Information provided hereunder. You may ask us to delete CLIENT’s Confidential Information that is inaccurate, incomplete, or irrelevant for the purpose of participating in the Financial Wellness Program. Alternatively, we may elect to retain CLIENT’s Confidential Information with your comment or correction noted in our records instead of deleting such information.
  4. Neither Party is under any obligation under this Agreement to disclose any Confidential Information it chooses not to disclose; provided, however, you acknowledge that should you fail to provide certain CLIENT Confidential Information as required, we may not be able to fully provide the services offered via the Financial Wellness Program, and may not provide Service Materials until such necessary information is provided.

OUR INTELLECTUAL PROPERTY RIGHTS / TRADEMARKS / LICENSE TO FINANCIAL WELLNESS PROGRAM

  1. All rights, title, and interest in and to the Financial Wellness Program, including all Service Materials, content, organization, graphics, compilation, look, rights of publicity, design, data, and other matters related to the Financial Wellness Program, now known or hereafter created, (collectively, “Financial Wellness Program Content”) are exclusively owned by OneEleven and its affiliates, or licensed to OneEleven for our exclusive use, and are protected under applicable copyright, trademark, patent, and/or other intellectual property and proprietary rights, both at common law and through registration. Except as expressly authorized by this Agreement, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works, or otherwise use any Financial Wellness Program Content in any form, by any means, or for any purpose (except as it relates to your use of the Financial Wellness Program), without our prior written consent, which may be withheld in our sole discretion. Should you violate this provision in any manner, we shall prosecute you and enforce our rights in and to the Financial Wellness Program Content to the fullest extent permitted by law.
  2. The trademarks, logos, service marks, and trade names (collectively, “Trademarks”) displayed on or through the Financial Wellness Program are either common law trademarks or registered trademarks of OneEleven and/or its affiliates, or other third parties. Additionally, other product, company, and/or professional names mentioned in the Financial Wellness Program may be trademarks of their respective owners. Such Trademarks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by OneEleven (or their applicable rights holders) in a manner that is likely to cause consumer confusion or dilution, or that discredits, tarnishes, or disparages OneEleven or the applicable rights holders. You acknowledge and agree that nothing contained within this Agreement or in the Financial Wellness Program shall be construed as granting you, by implication or otherwise, any license or right to use any Trademarks displayed via the Financial Wellness Program without our, or the applicable rights holder’s, prior written consent. Any misuse of the Trademarks displayed on or through the Application is strictly prohibited.
  3. OneEleven grants you a limited, non-exclusive license to access and use the Financial Wellness Program and Service Materials for your personal and non-commercial use only. No part of any material, content, or data of the Financial Wellness Program may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that this license does not grant you the ability to reproduce, distribute, assign, sublicense, sell, prepare derivative works, or conduct any other such activity related to the Financial Wellness Program or Service Materials, except as expressly provided by these Terms.

PROHIBITED USES

  1. As a condition precedent to your license to access and use the Financial Wellness Program, you agree not to use the Financial Wellness Program, and any service provided therein or related thereto, in a manner that is unlawful, prohibited by this Agreement, or for any other purpose not reasonably intended or contemplated by OneEleven. In the event it is determined your use of the Financial Wellness Program, or any service provided therein or related thereto, is in a manner not consistent with this Agreement, OneEleven reserves the right, in its sole discretion, to suspend or terminate your access to the Financial Wellness Program, including, without limitation, deactivating your OneEleven Account, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend this Agreement as applied to your use and access of the Financial Wellness Program. The following activities are expressly prohibited:

    • Submitting false, misleading, or inaccurate personal information;
    • Abusing, or using for your own benefit (commercial or otherwise), other’s personal information that you may come across as a result of using the Financial Wellness Program;
    • Distributing software viruses, worms, spyware, adware, bugs, computer codes, or anything else that is designed to, or may, interfere with the proper function of any software, hardware or equipment found or maintained by, or that relates to, the Financial Wellness Program;
    • Placing a disproportionate load on the Financial Wellness Program with the purpose of denying use and/or access of the Financial Wellness Program to other users;
    • Taking any action that: (i) infringes or violates OneEleven’s or another user’s rights (including, but no limited to, proprietary and intellectual property rights), (ii) violates the law, or (iii) breaches any legal duty you may have toward OneEleven or any another person or entity;
    • Reproducing, duplicating, copying, selling, reselling, licensing, sublicensing, distributing, renting, leasing, trading, exploiting, or using any Financial Wellness Program Content, any service provided therein or related thereto, or any Service Materials for any purpose not expressly permitted by OneEleven or this Agreement;
    • Running, framing, or otherwise displaying the Financial Wellness Program Content or Service Materials on any website or other application;
    • Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented for use regarding the Financial Wellness Program;
    • Attempting to gain unauthorized access to the Financial Wellness Program, any service provided therein or related thereto, or any OneEleven Account through hacking, password mining, or any other means meant to interfere with the proper working of the Financial Wellness Program;
    • Using OneEleven’s Trademarks, graphics, or logos without OneEleven’s express written consent;
    • Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure, ideas, or algorithms of the Financial Wellness Program, any service provided therein or related thereto, or any part thereof;
    • Creating (or attempting to create) a substitute or similar service through use of, or access to, the Financial Wellness Program, Service Materials, any service provided therein or related thereto, or any part thereof; and
    • Modifying, adapting, translating, or creating derivative works based upon the Financial Wellness Program, Service Materials, any service provided therein or related thereto, or any part thereof, except, and only to the extent, as expressly permitted by applicable law.

    The above list is not exhaustive, and only provides examples of prohibited activity.

WAIVER OF CLAIMS / DISLCAIMER

  1. Your use of the Financial Wellness Program is solely at your own risk. The Financial Wellness Program, including, without limitation, all Financial Wellness Program Content, Service Materials, and any other service or materials contained therein or related thereto, are provided “AS IS,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, availability, completeness, accuracy, usefulness, merchantability, non-infringement, free from defects, or fitness for a particular use, and any and all other warranties are expressly disclaimed by OneEleven to the fullest extent of the law. No information, whether oral or written, obtained by you from us or through your use of the Financial Wellness Program shall create any warranty not expressly made herein. If you are dissatisfied with the Financial Wellness Program, your sole remedy is to discontinue use thereof. Notwithstanding the foregoing, OneEleven attempts to ensure that all information provided via the Financial Wellness Program is correct and current, and we reserve all right to change or edit any information provided via the Financial Wellness Program. It shall be your sole responsibility to evaluate and act upon the information provided via the Financial Wellness Program.
  2. IN NO EVENT SHALL ONEELEVEN BE RESPONSIBLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, BUSINESS, OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATING TO YOUR USE OF THE FINANCIAL WELLNESS PROGRAM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EVEN IF ONEELEVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Financial Wellness Program or this Agreement must be filed within six (6) months after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred. Nothing herein constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter, you should consult an appropriate professional. Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you. Notwithstanding the foregoing, you agree that you will not bring any claim personally against any member of OneEleven with respect to any direct or indirect losses you may suffer in connection with your use of the Financial Wellness Program.

MISCELLANEOUS

  1. This Agreement constitutes the entire understanding between the Parties regarding the sharing and maintaining of Confidential Information received via participation in the Financial Wellness Program between the Parties, and other matters between the Parties relating thereto, and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the Parties, with respect to the subject matter hereof.
  2. This Agreement shall be considered executed in, and shall be interpreted and construed under, the laws of the State of Florida, without regard to conflict of law principles thereof. Any action arising out of or relating to this Agreement shall be brought in the courts of the State of Florida or of the United States of America for the Southern District of Florida located in Broward County. Each Party hereby expressly submits to the personal jurisdiction and venues of such courts, and expressly waives any claim of objections or defenses thereto.
  3. Any failure by OneEleven to enforce Client’s strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
  4. Although the restrictions contained in this Agreement are considered by the Parties to be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten, or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
  5. Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, electronic-mail, or mailed by certified mail, return receipt requested, postage prepaid, in each case, to the listed address of the other Party (or such other addressee as may be furnished by a Party in accordance with this paragraph). All such notices or communications shall be deemed to have been given and received (a) in the case of personal delivery or electronic-mail, on the date of such delivery, (b) in the case of delivery by a nationally recognized overnight carrier, on the third (3rd) business day following dispatch and (c) in the case of mailing, on the seventh (7th) business day following such mailing. All emails directed to OneEleven shall be sent to hello@oneeleven.co, and all emails directed to CLIENT shall be sent to the email address associated with your OneEleven Account.
  6. This Agreement is personal in nature, and neither Party may directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of the other Party, which consent will not be unreasonably withheld; provided, OneEleven may assign this Agreement, and our rights, duties, and obligations hereunder, without your prior written consent to any assignee or successor of OneEleven’s rights, by reason of merger, consolidation, reorganization, purchase of all or substantially all of OneEleven’s assets, or other similar transaction . All obligations contained in this Agreement shall extend to and be binding upon the Parties to this Agreement and their respective successors, assigns and designees.
  7. Any and all analysis conducted by OneEleven for the purpose of providing or relating to the Financial Wellness Program is conducted using industry norms/averages and we reserve the right to change our opinion on these at any time.
  8. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
  9. This Agreement may be changed or otherwise modified from time to time. If a revision to this Agreement, in our sole discretion, is considered material, we will notify you by contacting you through the email address provided associated with your OneEleven Account. Your continued use of the Financial Wellness Program constitutes your agreement to this Agreement and any future revisions or modifications.