One Click Code | Terms Of Use

OneClick Data, Inc. Terms of Use

Last Updated: July 11, 2024

Acceptance of the Terms of Use

Welcome to the website of OneClick Data, Inc ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of website http://www.oneclickcode.com, any sub-domains thereof, API integrations or widgets we offer, messaging, mobile applications (including the CODE REPORTS application, the “Mobile Application”), or any of the services or features accessible therein, and any other website or web pages we own or operate that include a link to this statement and any services provided through our website (the "Website"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website or Mobile Application. By using the Website, Mobile Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.oneclickcode.com/privacy-policy incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Mobile Application.

The Website and Mobile Application is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and that you are accessing the Website and the Mobile Applications within the United States for use in the United States. If you do not meet all of these requirements, you must not access or use the Website.

By agreeing to OneClick Data, Inc terms of use, you are agreeing to opt-in to email marketing communications. If at any point, you wish to optout of promotional materials, you can unsubscribe by clicking unsubscribe on the email you received and that will remove you from marketing communications. Please note, that in relation to your account with us, you may continue to receive important transactional communications such as billing updates and statements.

Changes to the Terms of Use

We may revise and update these Terms of Use and our Policies, including the Cookie Policy, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Mobile Application thereafter. However, any changes or updates to the dispute resolution provisions set forth in these Terms of Use will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website and Mobile Application following the posting of revised Terms of Use or any Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Mobile Application and Account Security

We reserve the right to withdraw or amend this Website and Mobile Application, and any service or material we provide on the Website or Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Mobile Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Mobile Application, or the entire Website or Mobile Application, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website and/or Mobile Application.
Ensuring that all persons who access the Website or Mobile Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Mobile Application, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Mobile Application that all the information you provide on the Website and Mobile Application is correct, current and complete. You agree that all information you provide to register with this Website or Mobile Application or otherwise, including but not limited to through the use of any interactive features on the Website and Mobile Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, Mobile Application, or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website may use cookies and these are described in our Cookie Policy, which you can view at the following link: https://www.oneclickcode.com/cookie-policy (“Cookie Policy.”) By accessing, viewing, using, or otherwise engaging with the Website or Mobile Applications, you represent and warrant that you have reviewed, understood, and agreed to our Cookie Policy and that your use of the Website does not fall within the jurisdiction of the European Union ePrivacy Directive or “Cookie Law.”

Content and Services.

The Website or Mobile Application may provide you with access to certain and products and services accessible thereon, and certain features, functionality and content accessible on or through the Website alone or via a mobile application, including the Roofing Code Report, other regulatory and building code reports, online or cloud-based storage of reports and other information, the ability to email, print, or share the reports, and other such functionality as may be available (collectively, "Content and Services" which includes Free Content and Services and Paid Content and Services as defined below). Your access to and use of such Content and Services are governed by these Terms of Use and the Privacy Policy.

Some of the Content and Services are provided to you free of charge (“Free Content and Services”). Such Free Contented and Services are subject to change at the sole discretion of the Company, and may contain the following data points:

Data provided via Zillow (the “Zillow Data”, and subject to the terms and conditions on the use of Zillow data as provided zillowgroup.com/terms-of-use-privacy-policy/terms-of-use/). For avoidance of doubt, whether incorporated in Free Content and Services or Paid Content and Services (defined below), Company provides all Zillow Data at no cost to you. Upon a reasonable email request (of which such requests shall be limited to a reasonable number and scope) from you, Company will provide you with a Zillow Data report (to the extent applicable to the Zillow Data currently provided in Content and Services) free-of-charge.
Data provided by the use of U.S. Federal Aviation Administration FAA information
Sales tax calculations made with the use of the Company’s data base.

Other Content and Services can be purchased by a Customer, either as an individual report purchase, or by purchasing a subscription to receive a variety of reports or services over a period of time (“Paid Content and Services”). These purchases can be made by the Customer through the Company Website or Mobile Application and are subject to the terms of Terms of Sale and Subscription Agreement (available at www.oneclickcode.com/Terms-of-Sale-and-Subscription-Agreement and incorporated herein by reference, the “Terms of Sale and Subscription”).

Your access to and use of such Content and Services may require you to acknowledge your acceptance of the Privacy Policy, the Terms of Sale and Subscription, the Mobile Application End User License Agreement (available at www.oneclickcode.com/end-user-license-agreement and incorporated herein by reference, the “EULA”), and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Website's features and functionality. Any violation of the Privacy Policy, Terms of Sale and Subscription, or EULA will also be deemed a violation of this Agreement.

Intellectual Property Rights

The Website, Mobile Application, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and the Content and Services, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not:

Modify copies of any Content or Services;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
copy and Content and Services, except as expressly permitted by this license;
modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Content and Services;
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website, Mobile Application or any part thereof;
remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, Mobile Application, or any Content and Services, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website and Content and Services or any features or functionality of the Website, Mobile Application and Content and Services, to any third party for any reason; or
- remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website or Mobile Application.

No right, title or interest in or to the Website and Mobile Application or any content on the Website and Mobile Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and Mobile Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website and Mobile Application are the trademarks of their respective owners.

Your responsibilities

You shall not copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Website or Mobile Application or the Content and Services in order to ascertain, derive, or appropriate for any reason or purpose, the object code, source code or source listings for the Website or Mobile Application or any other trade secret information or process contained in the Website or Mobile Application without the prior express written consent of Company. You shall not access the Website or Mobile Application for the purpose of machine learning, including but not limited to scraping or collecting information, training, constructing models or other software to replicate or memorize any aspect of the Website or the Mobile Applications or the data used by or accessed through the same and any model or machine learning software you create in violation of this section shall be included in the definition of “derivative work” as used in this paragraph. You shall not create derivative works based on the Website or Mobile Application; copy, frame or mirror any part or content of the Website or Mobile Application, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes; access the Website or Mobile Application in order to build a competitive product or service; or copy any features, functions or graphics of the Website or Mobile Application without the prior express written consent of Company. In addition to all of our other rights and remedies, at our option, we shall be entitled to own any derivative work you create in violation of this policy together with all proceeds related to any use of such derivative work at any time.

You shall not alter or remove any notices, graphics or text contained on or in the Website or Mobile Application; or modify the Website or Mobile Application in any form, without the express written consent of Company. Any modifications you make to the Website or Mobile Application will remain the property of Company and/or its licensor(s).

You shall not make the Website or Mobile Application available to any third party users; You shall not sell, resell, rent or lease the Website or Mobile Application or any right to access or use the Website or Mobile Application; You shall not use the Website or Mobile Application to store or transmit infringing, libelous, or otherwise unlawful or tortious materials, material in violation of third-party privacy rights, or malicious code of any kind; You shall not interfere with or disrupt the integrity or performance of the Website or Mobile Application or third-party data contained therein; and You shall not attempt to gain unauthorized access to the Website or Mobile Application or its related systems or networks.

Prohibited Uses

You may use the Website and Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and Mobile Application:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or Mobile Application or expose them to liability.

Additionally, you agree not to:

Use the Website and Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Mobile Application, including their ability to engage in real time activities through the Website or Mobile Application.
Use any robot, spider or other automatic device, process or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
Use any manual process to monitor or copy any of the material on the Website or Mobile Application or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or Mobile Application.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Mobile Application, the server on which the Website is stored, or any server, computer or database connected to the Website or Mobile Application.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or Mobile Application.

Your Content

“Your Content” shall mean any audio, video text, images or other material you submit to display on this Website or Mobile Application. By submitting Your Content, you grant the Company a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights.

The Company reserves the right to remove any of Your Content from this Website, or from access through the Mobile Application at any time without notice.

Subscription and Order Content

If you have ordered any specific individual reports from the Website or Mobile Application, these reports will be saved on the Website and/or accessible through the Mobile Application for a period of 365 days. If you have subscribed to certain Content and Services subject to a subscription order, any reports ordered pursuant to your subscription will be saved on the Website and/or accessible through the Mobile Application only during the term of your subscription.

Reliance on Information Posted

The information presented on or through the Website or any Mobile Application, including all Content and Services, are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on all Content and Services by you or any other visitor to the Website or use of any Mobile Application, or by anyone who may be informed of any of its contents or any of the Content and Services.

Changes to the Website and Mobile Application

We may update the content on this Website or Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Mobile Application may be out of date at any given time, and we are under no obligation to update such material. Updates may modify or delete in their entirety certain Content or Services or other features of functionality of the Website or Mobile Application. You agree that Company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality of the Website or Mobile Application.

Information About You and Your Visits to the Website and use of Mobile Application

All information we collect on this Website and Mobile Application is subject to our Privacy Policy. By using the Website and Mobile, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Social Media

As part of the functionality of the Website and Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website or Mobile Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

Guidelines For Reviews

We may provide you areas on the Website or Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Third-Party Materials and Third Party Indemnification Obligations

The Website, Mobile Application and Content and Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

Geographic Restrictions

The owner of the Website and Mobile Application is based in the state of Colorado in the United States. We provide this Website and Mobile Application for use only by persons located in the United States. We make no claims that the Website, Mobile Application or any of its content is accessible or appropriate outside of the United States. Access to the Website or Mobile Application may not be legal by certain persons or in certain countries. If you access the Website or Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Payment Terms and Conditions for Content and Services

Certain Content and Services can be purchased by a Customer, either as an individual report purchase, or by purchasing a subscription to receive a variety of reports or services over a period of time. These purchases can be made by the Customer through the Company Website or Mobile Application and are subject to the Terms of Sale and Subscription.

All Payments Final

Your payments are not for the purchase of data or information. Rather, payments made by you to us related to Content or Services are only for the purpose of providing access to the Website or Mobile Application under the Terms set forth here and in our Policies. Therefore, all payments are final and non-refundable. This does not prohibit us from issuing an account credit in our sole discretion depending on the specific circumstances. It is up to you to review your order carefully before confirming your purchase or payment!

Account Suspension or Termination

Unless otherwise expressly set forth in an applicable Terms of Sale and Subscription, we may, in our sole discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your account in whole or in part. If we exercise our discretion under these Terms of Use to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the or profile, or receive assistance from our support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken. You may cancel your use of the Mobile Application and/or terminate your account at any time by sending an email to (code@oneclickcode.com) and request that your account be “deleted”. Please note that if your account is canceled, we do not have an obligation to delete or return to you any of Your Content you have posted to the Website or Mobile Application, including, but not limited to, any reviews.

Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION SECTION CAREFULLY. BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION, WHICH IS REFERRED TO AS THE “ARBITRATION AGREEMENT.” THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT ALSO CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

You and Company agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

This Arbitration Agreement is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

You agree to resolve any and all claims you may have related to the Company or to this Agreement and all disputes related to the Company or to this Agreement as follows:

Initial Dispute Resolution: Most disputes can be resolved without resorting to arbitration or litigation (as expressly permitted herein). Except for intellectual property and small claims court claims, the parties hereby agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company’s support department, and such good faith negotiations shall be a condition prior to either party initiating a arbitration or litigation (as expressly permitted herein). You can reach Company's support department at code@oneclickcode.com.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use, the parties' relationship with each other, and/or your use of the application shall be finally settled by binding arbitration, as described below. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided under these Terms of Use.

Where the relief sought is $10,000 or less and the party filing does not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website www.fairclaims.com.

Where the relief sought is $10,001 or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted before a single arbitrator. The parties shall use their reasonable efforts to select a mutually acceptable arbitrator, however, if the parties have not selected a mutually acceptable arbitrator within thirty (30) days after the commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the applicable JAMS rules and procedures as set forth above.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including but not limited to any claim that all or any part of these Terms of Use is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be conducted in the State of Colorado, United States of America. You and Company further agree to submit to the personal jurisdiction of any federal or state court in Denver County, Colorado in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Additionally, in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state courts or the federal courts located in Denver, Colorado, for such applicable purpose.

It is possible that Company may need to seek injunctive or other relief from a Court. Therefore, Company may elect to assert claims against you in any court located in the State of Colorado in its sole discretion. If it does, this does not constitute a waiver of the requirement that any claims or disputes you may assert must be submitted to arbitration. The Company retains the right to move to dismiss any claims you improperly bring outside of arbitration and the right to refer its own claims to arbitration in its discretion despite the commencement of any court action.

Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration in accordance with the terms and conditions of this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company as permitted by the Arbitration Agreement or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Class Action Waiver: You acknowledge and agree that you are waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions (including injunctive or other equitable relief), validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect such party’s intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade secrets, and other intellectual property rights, but specifically excluding privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms of Use, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms or Use and Arbitration Agreement shall continue in full force and effect.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Arbitration Agreement by sending (from the email address you use on your account with Company) written notice of your decision to opt out to code@OneClickcode.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms of Use or your first use of the account; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If you opt out of this Arbitration Agreement as set forth here this paragraph, Company also will not be bound by them.

Survival: This Arbitration Agreement (including, without limitation, the Class Action Waiver provisions) shall survive any termination of your account and/or relationship with the Company.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Website or Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND MOBILE APPLICATION, ITS FUNCTIONS AND FEATURES, ACCESS TO ANY CONTENT AND SERVICES PROVIDED UNDER ANY SUBSCRIPTION AGREEMENT OR SALE, OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION IS AT YOUR OWN RISK. THE WEBSITE, MOBILE APPLICATION, AND THEIR FUNCTIONS AND FEATURES, CONTENT AND SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, MOBILE APPLICATION OR THEIR CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, MOBILE APPLICATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY OR FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

COMPANY IS NOT PROVIDING YOU WITH LEGAL ADVICE AND YOU ARE NOT RELYING ON ANY INFORMATION PROVIDED BY COMPANY AS LEGAL ADVICE. BY USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU WILL OBTAIN AND RELY ON LEGAL ADVICE ONLY FROM LICENSED ATTORNEYS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, MOBILE APPLICATION, OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR THE MOBILE APPLICATION OR ANY CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Mobile Application, including, but not limited to, your User Contributions, any use of the Content and Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Mobile Application. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through the Website or Mobile Application.

Governing Law

All matters relating to the Website, Mobile Application, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Each party irrevocably submits to exclusive jurisdiction and venue in Colorado for any such legal suit, action, or proceeding. Provided, however, that the dispute may be subject to mandatory arbitration as set forth in these Terms.Service of process, summons, notice, or other document by mail to the e-mail or to the mailing address listed in your user account shall be effective service of process for any suit, action, arbitration, or other proceeding brought by Company. You agree to waive any other form of service of process, and you agree that service by mail or e-mail is accomplished five (5) days after Company transmits documents to any e-mail or mailing address that you provided to Company. You agree it shall be your sole responsibility to ensure contact information you provide is accurate and maintained .

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Attorneys’ Fees

In the event that any action, suit, or other legal or administrative proceeding (including arbitration) is instituted or commenced by either party against the other party arising out of this Agreement, Company shall recover its reasonable attorneys’ fees and arbitration and/or court costs so long as you are not the sole prevailing party.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy, and any applicable Terms of Sale and Subscription (and applicable order through Company’s Website or Mobile Application), and EULA constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. To the extent that there is any conflict between these Terms of Use, the Privacy Policy, the Terms of Sale and Subscription (and applicable online order), or EULA, the following order of precedence shall govern: (a) first, the Terms of Sale and Subscription (and applicable order through Company’s Website or Mobile Application); (b) second, the Privacy Policy; (c) third, the EULA; and (d) fourth, these Terms of Use.

Digital Millennium Copyright Act (DMCA) Notice And Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Website or Mobile Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website or Mobile Application are covered by the Notification, a representative list of such works on the Website or Mobile Application; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Website or Mobile Application as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

ATTN: Copyright Notification OneClick Data, Inc
333 W Hampden Ave, Suite 715
Englewood, CO 80110

Your Comments and Concerns

This website is operated by OneClick Data, Inc

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@OneClickCode.com

Thank you for visiting the Website.