(Effective Date: February 28, 2020)
One Tech, Inc. (“Company”, “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our website(s), including www.onetech.ai (collectively, the “Websites”). Your use of the Websites is subject at all times to these TOS and the Company’s Privacy Policy (the “Privacy Policy”). Any inconsistencies between the TOS and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion.
EACH TIME YOU USE OR ACCESS A WEBSITE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE WEBSITES. YOUR CONTINUED ACCESS OF A WEBSITE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
In some instances, separate terms of service, end-user licenses, agreements, rules, policies or guidelines will set forth additional terms and conditions that may apply to products, materials, information or services offered by the Company (“Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms takes precedence unless the Company determines otherwise, in its sole and absolute discretion.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
If any of the services provided on a Website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form and maintaining the strict confidentiality of your password. If the Company has provided you with login information to enable you to access restricted URLs on a Website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to the Company, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using a Website on behalf of your employer, you represent that you are authorized to accept these TOS on your employer’s behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using the Websites and registering for such services, you consent to the Company’s display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notify the Company immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. The Company is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or any other party due to someone else using your account or password. You may not use anyone else’s account at any time. The Company reserves the right to terminate your access to the Websites should the Company in its sole discretion consider your use of the Websites to be inappropriate in any way. Upon termination of your access to the Websites, you must destroy all materials obtained from any Website which permit identification of any individual.
In addition to the TOS, this subsection shall apply specifically to your use of ONE Tech Online Communications Channels (including but not limited to ONE Tech Communities, ONE Tech Blogs and the User Community) (collectively, the “Online Communication Channels”). The Online Communications Channels are collaborative areas hosted by the Company to facilitate the dissemination and exchange of technical information pertaining to the Company’s products and services. You understand that all content posted to the Online Communications Channels is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed in the Online Communications Channels do not necessarily reflect the opinions of the Company. While the Company has no obligation to monitor the Online Communications Channels, the Company shall have the right to remove any of your content and/or to terminate your access to and use of the Online Communications Channels should the Company in its sole discretion consider your statements or conduct to be inaccurate, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these TOS or applicable law. You will not post any encryption source code or corresponding object code within any Online Communication Channel or elsewhere on a Website, unless such source code and object code has been classified by the United States Bureau of Industry and Security, is not the subject of “EI” controls, and it is otherwise lawful to post. You will not post any code, technology or other item that is subject to the United States International Traffic in Arms Regulations. By using the Online Communication Channels, you certify that you are not from a country that is subject to a United States embargo and you will not use or post any information on a Website for the proliferation of biological, chemical, nuclear or other weapons of mass destruction. No software, source code, technology, or encryption information or instructions may be provided via any “non-public” (i.e. password protected) Online Communication Channel.
You may not exchange or transmit on or to the Private Area any personally identifiable information of third parties, nonpublic personal information, or any other sensitive or proprietary third-party information that is protected under the laws or regulations of the particular jurisdiction applicable to the subject individual. No software or code may be provided via the Private Area, and you shall not submit or otherwise exchange encrypted data or other information, or encryption instructions. You shall not submit or otherwise exchange any items that are controlled by the United States export laws (including, but not limited to the Export Administration Regulations and International Traffic in Arms Regulations or the export or import laws of any other applicable country without proper clearance and notification to the other party, including any instructions on how to perform encryption functions or any other controlled technical data.
Pursuant to your use of the Private Area, you agree to allow the Company to store and retrieve session information on your end terminal equipment through the use of “cookies.” The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures and to take reasonable steps to prevent unauthorized access to the Private Area. By using the Private Area, you explicitly consent to (i) the collection and processing by the Company of your personal data as needed to administer security on the Private Area; (ii) the storage of such data until expiration of the purposes for which the Private Area was established, or in accordance with the Company’s retention policy for such Private Area; and (iii) the storage and retrieval of information on your end terminal equipment as described above. Please refer to the Privacy Policy for further information concerning the use and disclosure of your personal information.
The Company does not promise that your access to the Private Area will be uninterrupted. You agree to maintain appropriate backup copies of all information you submit to the Private Area. You agree that you will not transmit to the Private Area any viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment. You understand that the Company may create and administer the Private Area using third-party software and that such software may have technical, licensing and other limitations over which the Company has no control. You agree to cooperate with the Company in all material respects should the Company be required by its licensors to perform, or not perform, certain activities. You agree to notify the Company as soon as you become aware of or suspect any breach of security concerning the Private Area or breach of any of the terms governing use of the Private Area.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITES AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE WEBSITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING USING THE WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITES OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE WEBSITES EXCEED US$100. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR USE OF THE WEBSITES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
For the convenience of our user, the Websites may provide certain links to services and websites provided by third parties. The Company is not responsible for the content of any other services or website linked to or from a Website. If you follow any such links, you leave a Website and you do so entirely at your own risk. The Company provides links from a Website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other services or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SERVICE OR WEBSITE.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, arising from: (a) your breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Websites in breach of these TOS, the Privacy Policy, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party or (e) any interaction you may have with other users of the Websites, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company as may be required by the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.
The Websites are made accessible, operated and controlled from One Tech, Inc. in the State of Texas, U.S.A. It can be accessed from various countries of the world. The laws of the State of Texas, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Websites and your access and use of the Websites. By accessing or using the Websites, you submit and consent to the exclusive jurisdiction of state and federal courts in the State of Texas with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS, the Privacy Policy, the Additional terms and/or your access and use of the Websites.
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
The information provided on the Websites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Websites is lawful in every jurisdiction from which such content can be accessed or is available for use in all jurisdictions. If you access or use a Website from a jurisdiction outside the State of Texas, you are responsible for compliance with all applicable local laws.
The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Websites.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in a Website or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of the Websites after delivery of such notice constitutes acceptance by you of the noticed action.
If any provision of these TOS, the Privacy Policy and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Policy and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The TOS, the Privacy Policy and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.
The Company takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on a Website infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at www.onetech.ai. If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Websites, please contact us via e-mail at www.onetech.ai.
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