Terms of Service

One2One Network
Terms of Service and Use

These terms were last modified: January 1, 2014.

General

 

Welcome to One2One Network’s website. The following terms (collectively the “Terms of Use”) constitute an agreement between One2One Network, a division of Intuition Marketing, LLC., a Connecticut corporation (“One2One”, “we”, “our”, “us”) and you governing your access and use of all services, content and functionalities available on the One2One Network website accessed through the URL www.one2onenetwork.com (collectively the “Services”).

 

Your use of the One2One website constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. One2One reserves the right, at any time, to modify, alter or update Services, policies and these Terms of Use.

 

Registration

 

To use some of the Services or features made available to you on the One2One website you will need to register and may be required to authenticate your identity using a third-party API. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects, including but not limited to your name and email address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Services. Should any of your registration information change, please notify us immediately at the following e-mail address contact@one2onenetwork.com. We may also change registration requirements from time to time.

 

You certify to One2One that you are at least 18 years of age. You also certify that you are legally permitted to use the Services, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 

Although One2One will not be liable for your losses caused by any unauthorized use of your account, you may be liable for One2One’s losses or others due to such unauthorized use.

 

Privacy

 

Please review our Privacy Policy, which also governs your use of the Services offered by One2One, to understand our practices.

 

Please refer to our Privacy Policy for information about what information we collect and how we use your data.

 

Electronic Communication

 

If you send us an email or register to use the Service, you consent to receive communications from us electronically. You are solely responsible for any costs, fees, or charges related to your receiving communication from us electronically. 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. Please refer to our Privacy Policy for information as to how to change your personal information or opt out of email communications.

 

Copyright

 

Unless otherwise noted, the design of the One2One website as a whole and all materials that are part of the One2One Network (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by One2One or third parties protected by United States and international copyright laws. All software used by the Services is the property of One2One and protected by United States and international copyright laws.

 

Trademarks

 

One2One, one2onenetwork.com, the One2One logo, and other One2One graphics, logos, screen headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of One2One in the U.S. and/or other countries. One2One’s trademarks and trade dress may not be used in connection with any product or service that is not One2One’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits One2One. All other trademarks not owned by One2One that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by One2One.

 

Prohibited Use

 

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Service. You agree that you will not make any use of the content and materials of the Service for any purpose not expressly permitted in these Terms of Use. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service. You may not introduce to the Services viruses, worms, Trojan horses and/or harmful codes.

 

Interaction With Third Parties.

 

You may not restrict or inhibit any other user from using and enjoying the Services; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by One2One) or engage in spamming or flooding; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

 

One2One’s website contains connections to third party websites that are not owned or controlled by One2One. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. One2One has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, One2One will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless One2One from any and all liability arising from your use of any third party website.

 

Your interactions with organizations and/or individuals found on or through the Services (including without limitation merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that One2One shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants using the Services, or between users and any third party, you understand and agree that One2One is under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE ONE2ONE NETWORK AND INTUITION MARKETING, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Warranty Disclaimers

 

One2One has no special relationship with or fiduciary duty to you. You acknowledge that One2One has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

 

You release One2One and Intuition Marketing, its officers, employees, agents and successors in rights from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. One2One makes no representations concerning any content contained in or accessed through the Services, and One2One will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. One2One makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from One2One or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.

 

One2One makes no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Services.

 

THE CONTENT AND PRODUCTS OBTAINED THROUGH THE SERVICES, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Reviews, Comments, Communications, And Other Content

 

One2One may provide content features that will allow visitors to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In such case you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. One2One reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant One2One a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant One2One and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify One2One for all claims resulting from content you supply. One2One has the right but not the obligation to monitor and edit or remove any activity or content. One2One takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Comments, Feedback, And Other Submissions

We welcome your comments and feedback regarding our Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to One2One using the Services or otherwise (collectively, “Comments”) are not confidential and will become and remain One2One’s property. The disclosure, submission or offer of any Comments will constitute an assignment to One2One of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

Termination and Amendment.

Your privilege to use or access the Services may be terminated by One2One immediately and without notice if you fail to comply with any term or condition of the Terms of Use. Upon such termination, you must immediately cease accessing or using the Services and agree not to re-register or otherwise make use of the Services. Furthermore, you acknowledge that One2One reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Services. You understand that One2One may exercise this right in its sole discretion.

 

One2One reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Services (or any part thereof). One2One shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

 

You agree to defend, indemnify and hold One2One and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Use by you or users of your account.

 

Miscellaneous.
Except as expressly set forth in these Terms of Use, these Terms of Use are a complete statement of the agreement between you and One2One, and set forth the entire liability of One2One and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between these Terms of Use and the Privacy Policy, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of One2One are not authorized to make modifications to the Terms of Use, or to make any additional representations, commitments or warranties binding on One2One. Any waiver of the terms herein by One2One must be in a writing signed by an authorized officer of Intuition Marketing, LLC and expressly referencing the applicable provisions of the Terms of Use. If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms of Use will be governed by Connecticut law as applied to agreements entered into and to be performed entirely within Connecticut, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Fairfield County, Connecticut or federal court for the State of Connecticut. Headings are included for convenience only, and shall not be considered in interpreting these Terms of Use. The Terms of Use do not limit any rights that One2One and/or Intuition Marketing may have under trade secret, copyright, patent or other laws.

 

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 Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Questions

If you have any questions or notices of violation of this Agreement, please send an email to contact@one2onenetwork.com.