Effective date: June 1, 2021
Welcome to ONE40. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, which include, but are not limited to, ONE40 Connect and ONE40 (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@one40.com or write us at P.O. Box 1646, El Paso, TX 79901.
These Terms of Use (the “Terms”) are a binding contract between you and ONE40 ("ONE40," "we" and "us"). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the ONE40 website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Do any of the Services have additional applicable terms?
Some of the Services do have their own specific terms of use in addition to these Terms (“Additional Terms”). By using the Services governed by the Additional Terms, You agree to be bound by the Additional Terms. In the event there is a conflict between the Terms and the Additional Terms, the Terms shall control.
What about my privacy?
ONE40 takes the privacy of its users very seriously. For the current ONE40 Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@one40.com.
What are the basics of using the Services?
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. For your User ID, you may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ONE40’s) rights.
You understand that ONE40 owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like ONE40, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by ONE40. When you access third party websites or use third party services, you accept that there are risks in doing so, and that ONE40 is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. ONE40 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 or by any third party that you interact with through the Services. In addition, ONE40 will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, 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 ONE40 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 on this site, or between users and any third party, you agree that ONE40 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ONE40, its officers, employees, agents, and successors from claims, demands, and damages 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 Services.
Will ONE40 ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
Some of the ONE40 Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
If you choose to sign up for any Services that carry a fee (the “Paid Services”) you will be charged the then current fees for such Paid Services. ONE40's current fees for the Paid Services can be found at https://www.one40.com/pricing. Unless otherwise agreed, all fees paid to ONE40 are non-refundable.
What if I want to stop using the Services?
You’re free to do that at any time, by contacting us at support@one40.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
ONE40 is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. ONE40 has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of ONE40.
If you have deleted your account by mistake, contact us immediately at support@one40.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use your App(s) available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
What else do I need to know?
Warranty Disclaimer. ONE40 does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from ONE40 or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ONE40 BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ONE40 IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold ONE40, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.
Effective date: June 1, 2021
This Agreement is between ONE40 and its affiliates ("ONE40") and the legal entity you represent by signing up for any Service, using the Service, or downloading, installing, or using any Application ("You"). This Agreement governs your use of ONE40 services ("Services"), including ONE40 paid and FREE Services, the ONE40 Website, and ONE40 software applications ("Applications"). If You are an individual entering this Agreement on behalf of Your company, You represent and warrant that You have the authority and are competent to do so.
END USER LICENSE AND RESTRICTIONS
ONE40 grants You a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the ONE40 Services and Applications in strict accordance with this Agreement. All rights not expressly granted under this Agreement are retained by ONE40, including no Grant of Intellectual Property Rights. You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, "IP Rights") in the Applications and Services are and shall remain the sole and exclusive property of ONE40 and its licensors. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. If You are interested in reselling products or services offered by ONE40, You can contact ONE40 at reseller@one40.com.
New Versions of the Software. ONE40, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Applications and Services. You acknowledge and agree that ONE40 has no obligation to make available to You any subsequent versions of the Applications or Services. You also agree that You may have to enter into a renewed version of this Agreement if you want to download, install, or use a new version of the Software. In addition, You and ONE40 acknowledge that no Third-Party has any obligation whatsoever to furnish maintenance or support services with respect to the Applications or Services and that ONE40 is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law.
SERVICE REGISTRATION PROCEDURES
Upon signing up for the Services and at subsequent times as requested by ONE40, You agree to provide ONE40 with Your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer Your ONE40 account ("Account") (collectively, "Registration Data"). You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Registration Data that is, or that ONE40 suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, ONE40 has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by You, Your business(es), affiliates and all users of Your Account. At all times, You shall maintain and promptly update Registration Data. Upon completion of all Registration Data and acceptance of this Agreement, ONE40 will provide You with, as applicable, a password(s), user ID(s), PIN(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by You or anyone else that occur on Your Account. You shall immediately notify ONE40 of any unauthorized use of Your Account or if any other breach of security has occurred. In no event shall ONE40 be liable for any unauthorized use of Your Account.
In connection with the registration, implementation, maintenance, or servicing of the Services, You will be required to provide data, personally identifiable information or other materials (collectively "Customer Data"). You are solely responsible for collecting, entering and updating the Customer Data. You hereby grant to ONE40 a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop and improve the Applications, Services, and Products (collectively “Products”). You agree that we may authorize access to Customer Data and share how you use our services to employees, contractors and agents who need to know the information in order to improve, personalize and provide Products, conduct research for product development, and enhance user experience. ONE40 may also share Customer Data as permitted pursuant to ONE40's Privacy Policy, available here, which is incorporated into this Agreement.
CUSTOMER REPRESENTATIONS
You represent and warrant that You possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that You have made and will maintain at all times wireless or traditional wireline telephone service that will enable You to call 911 and any other applicable emergency service number. You represent and warrant that You will not use the Applications or Services in environments requiring fail-safe performance or in which the failure of the Applications or Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, Registered Location(s), and all other information provided in connection with Your ONE40 Account are true and correct at all times. You represent and warrant that You will not use the Applications or Services in violation of the Use Policy herein. You agree to be financially responsible for Your use of the Applications or Services, including the authorized or unauthorized use of Your Account. In order to use the Applications or Services, You must have properly configured and working Internet service and/or Public Switched Telephone Network ("PSTN") service (i.e., mobile and/or landline phone service) and hereby agree, at Your sole expense: to (1) obtain access to Your own Internet and/or PSTN service with a third party provider other than ONE40; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Applications or Services; (3) supply and pay third-party providers for all additional phone service and features required for Your use of the Applications or Services; and (4) pay ONE40 for the Applications or Services.
PRODUCT PRICING AND AVAILABILITY
With respect to its advertising, offering, or sale of Applications, Services, or any other products (collectively, "Products"), ONE40 attempts to describe its products as accurately as possible. Nevertheless, ONE40 does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Products (collectively, "Product Information") from its Website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, "Product Materials") is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Product Information may be mispriced, described inaccurately, or that the Product may be unavailable. In the event ONE40 determines that a Product is mispriced, described inaccurately, or unavailable, ONE40 reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling Your Account or subscription to the Services. You agree to notify ONE40 immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Products You order through the Product Materials and comply with any corrective action taken by ONE40. You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of ONE40 and shall be Your sole remedy for any Service interruptions or other issues with the Services.
USE POLICIES
Fair Use. ONE40 is committed to providing first class customer service and value to users of our Services. In order to provide the best pricing, support and Services available to all of our users, we retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use is not consistent with normal, fair and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with ONE40's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages ONE40's or other customers' property. If ONE40 finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, ONE40 may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Harvesting or otherwise collecting information about others, including email addresses, without their consent; (4) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (5) Creating a false Caller ID identity ("ID spoofing") or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services; (6) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (7) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without ONE40’s prior written consent; (8) Using the Services to develop or enhance any software, software code, or any derivative works of any software without ONE40’s prior written consent; (9) Using the Services for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes; (10) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (11) Utilizing the Services in excess of what, in ONE40's sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user; and (12) Using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that:
Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, some of ONE40's Services are offered on an "unlimited" basis. All unlimited Services may only be used for normal business use and exclude international calling to countries other than Canada, which is available for an additional fee. Unlimited Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): Trunking or forwarding Your ONE40 number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail simultaneously); Bulk call-in lines (e.g., customer support or sales call centers not provided by ONE40, "hotlines", 900 numbers, sports-line numbers, etc.); and Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair ONE40's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, ONE40 may suspend or terminate Your Account or, upon prior notice. ONE40 reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
UNSOLICITED ADVERTISEMENTS
The transmission of unsolicited calls, using the Services for broadcasting, and/or transmitting unsolicited fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991 (http://www.fcc.gov/document/telephone-consumer-protection-act-1991), and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements through the Services is prohibited. You shall not use the Services to send or transmit any unsolicited communications or advertisements and understand that, if You do, ONE40 may immediately terminate Your right to use the Services without liability of any kind.
At ONE40's sole option and without further notice, ONE40 may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify ONE40 from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that You may send and/or receive using the Services.
If You transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services, You agree to pay ONE40 its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay ONE40 liquidated damages of ten dollars ($10.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
TAXES, CHARGES, AND FEES
All fees for Services advertised or otherwise listed on the Website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively "Taxes and Fees"). For subscribers of ONE40 Paid Services, You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services, which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by ONE40, whether or not mandated by law or regulation. Should ONE40 pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that ONE40 may invoice you or charge Your credit card on file for such payments upon receipt of an invoice and showing of indebtedness to ONE40.
You are responsible for paying all charges for Your Account, including but not limited to toll-free, local, long distance, international, additional feature charges, 411 and operator assisted charges, and directory assistance charges, and for all taxes, surcharges, and fees imposed on you or us as a result of your use of the Service.
UNLIMITED CALLING
ONE40 offers unlimited monthly calling for domestic calls and text messages from your mobile phone or computer. An unlimited service provides You with a domestic telephone number and is subject to the terms and restrictions of the Use Policy set forth above and other restrictions described in this Agreement, as well as any reseller agreements, if applicable. If, for any reason, ONE40 believes that You are using the unlimited service for a prohibited purpose and/or Your call usage violates the Use Policy, then ONE40 may, in its sole discretion with or without notice, terminate Your unlimited service.
TOLL-FREE CALLING
ONE40 offers toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls. Having a toll-free number requires that you maintain a balance of calling credits. When You are nearing exhaustion of Your initial paid allotment of calling credits, we will automatically recharge on Your behalf, an incremental package for additional credits, unless You disable this feature otherwise. Post-paid pricing packages and other variable terms may be available through invoiced accounts or resellers. Please refer to any applicable reseller agreements for additional terms of service. If, for any reason, ONE40 believes that You are using the toll-free calling for a prohibited purpose and/or Your call usage violates the Use Policy, then ONE40 may, in its sole discretion with or without notice, terminate Your toll-free calling service.
INTERNATIONAL CALLING AND “LOCAL” INTERNATIONAL TELEPHONE NUMBERS
To make international calls using the Services, You must enable international calling in Your settings and pre-purchase at least the minimum package of international calling credits necessary to make such international calls. Insufficient credits may cause your call to be terminated. Packages of international calling credits will decrement based on the rate defined per country and carrier. Our international calling rates are available at ONE40.com/rates. In addition, You may be charged any applicable Taxes and Fees associated with international calls. ONE40 also offers some “local” international numbers for you to make and receive calls and texts. Rates, Terms, Taxes and Fees associated with international inbound and outbound calling and texting services may vary based on the country and reseller agreement, if applicable. If, for any reason, ONE40 believes that You are using the Service for a prohibited purpose and/or Your call usage violates the Use Policy, then ONE40 may, in its sole discretion with or without notice, terminate Your service.
VALUE, OWNERSHIP, AND EXPIRATION OF CALLING CREDITS
Toll-free and international calling credits have no monetary value and cannot be exchanged for the cash value or refunded at any time after such credits are purchased by You, including after the closure of Your account. Credits may only be redeemed and used by the holder or users of the associated Account or “Office” to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another user or with another user's account or Office. Any unused Credits remain on Your account and "roll over" to the next billing period. Additional Credits and Promotional Credits expire according to the terms of their purchase.
FRAUDULENT ACTIVITY OR ERRONEOUS CHARGES
In the event of suspected fraudulent activity or erroneous charges on Your Account, You agree to contact ONE40 as soon as possible. In many cases, ONE40 can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If You suspect fraudulent activity or erroneous charges on Your ONE40 Account, please contact ONE40 customer support at support@one40.com. When You contact customer support, please have the following information available: (a) Your name, contact information, ONE40 Account telephone number in question, and security verification information; (b) the credit card account number associated with the Account; and (c) the total amount in question charged to the Account. If You do not contact ONE40 within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on Your Account, You waive Your rights to object to or challenge such activity or charges. Furthermore, if You request that Your bank or credit card company perform a chargeback without first contacting ONE40, and ONE40 subsequently determines that the charges at issue are not erroneous, ONE40 reserves the right to terminate Your Account immediately and take any available legal action. Notwithstanding the above, You are solely liable for any transactions or activities by You or anyone else that occur on Your Account, and in no event shall ONE40 be liable for any unauthorized use of Your Account.
DISCOUNTS
From time to time in its sole discretion, ONE40 may offer promotions or discounts. Any promotion or discount codes must be provided to ONE40 upon purchase of the Services. You shall not be entitled to a subsequent credit for such promotions or discounts if You do not request such credit at the time of Account creation or change of service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. If a promotion and/or discount is offered on a confidential basis, You agree not to disclose the promotion and/or discount and to assume full responsibility for any harm, direct or indirect, caused to ONE40 by the disclosure of the promotion and/or discount.
BILLING AND PAYMENT
Unless you are paying for the service pursuant to an invoicing arrangement with ONE40 or one of our authorized resellers (“Reseller”), as described in the following paragraphs, any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full in advance. Termination, international calling, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused calling credits and international calling credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused calling credits, Additional Credits, Promotional Credits, or international calling credits or of any remaining periods/months on any Service plan.
When You subscribe to Services, You will provide us with a payment method, such as a valid credit card (including proper billing information), and, if applicable, authorize us to collect from Your payment method. Any authorization will remain valid until thirty (30) days after You terminate our authority to charge Your payment method. Upon termination, we will charge You any fees and any other outstanding charges and disconnect Your service. You agree to advise and notify us of any changes to Your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on Your Account is declined or fails for any reason, ONE40 will use reasonable efforts to contact You and advise You of the failed billing attempts. Notwithstanding the foregoing, ONE40 reserves the right to disconnect Your Service and terminate Your Account if Your credit card on file is declined or fails for any reason, and ONE40 reserves the right to continue to attempt charging Your credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to ONE40.
Time is of the essence for payment. Therefore, You agree to pay us interest at the lesser rate of (a) 18% per annum or (b) the highest rate allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of ONE40's rights to collect the full amount due. We may assess an additional fee of the lesser of (a) fifty dollars ($50) or (b) the highest amount allowed by law for any credit card chargeback or check returned for nonpayment.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to Your Account.
You must dispute any charges for the Services in writing to ONE40 within thirty (30) days of the date of the charge by ONE40. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby irrevocably waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to support@one40.com.
If you are paying for the Service pursuant to a mutually agreed invoicing arrangement with ONE40, ONE40 will invoice you on a periodic basis in accordance with its standard practice. You must pay each invoice within thirty (30) days after the date of the invoice. In the event of late payment, your access to the Service may be suspended or terminated. Further, unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you are paying for the Service through a Reseller, all payment related terms (including, but not limited to, pricing, special pricing, discounts, invoicing, billing, payment methods, and late payment charges) will be set forth in your agreement directly with Reseller.
EQUIPMENT RETURN POLICY
You are responsible for all return shipping charges for any hardware returned to ONE40 for any reason, including situations in which hardware is covered under warranty. If You have purchased any hardware from us or we have otherwise provided You with any hardware and Your Account is terminated for any reason after the end of any free-trial period and prior to the end of Your first year of service, You hereby authorize us to immediately bill your credit card the appropriate equipment return fees, as set forth below.
If You cancel Your ONE40 Service within thirty (30) days from the date of purchase of the hardware, You may (a) keep the hardware and pay the list price minus the actual price paid for the hardware, excluding taxes, or (b) return Your hardware and receive a full refund. No returns are accepted after thirty (30) days from the date of purchase of the hardware. In addition, the following terms and charges apply to hardware returns: You agree to pay all shipping and handling charges related to any hardware returns. All hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the hardware. At our discretion, we may decline Your return or charge You an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition. Before returning any hardware that has data in its memory, please transfer all files You wish to retain to another file source. Once the hardware is returned, Your files cannot be recovered and You release us of any liability for any lost, damaged, or destroyed files, data, or other information.
ACCOUNT OWNERSHIP
The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with ONE40. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. ONE40 shall not adjudicate ownership-related disputes, or any other internal business dispute. If ONE40 is unable to determine the valid owner of the Account, ONE40 reserves the right to suspend or terminate the Account and Services.
NUMBER PORTING AND AVAILABILITY
ONE40 will use reasonable efforts to facilitate number transfers or port requests for You, provided that You comply with the necessary and specific procedures for porting between service providers.
You acknowledge and understand that number porting depends on the cooperation of third parties outside of ONE40's control. Accordingly, You agree that ONE40 will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
ONE40 works with third party carrier(s) who, on ONE40's behalf, port telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. ONE40's third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that You will be required to provide such detailed and specific information to complete a port request. For porting numbers into Your ONE40 Account, follow the procedures on Your Account settings page for transferring a number to Your ONE40 Account. For porting numbers out of Your ONE40 Account, follow the procedures of Your new service provider. You understand that porting Your number out of Your Account does not automatically terminate Your ONE40 Account.
Number porting is defined and regulated by the Federal Communications Commission (FCC). Visit http://www.fcc.gov/cgb/NumberP... to learn more about number porting.
ONE40 cannot guarantee requested telephone numbers will be available, that Your existing provider will port Your number, or that circumstances beyond ONE40's control will not prevent or delay a successful port of Your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on Your Account. ONE40 shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
You understand and agree that ONE40 may from time to time need to change the telephone number or assigned to You (due to an area code split or for any other reason). ONE40 shall not be liable for any damages (including consequential, special damages or other damages) to You in the event that it needs to assign You a new telephone number.
STORAGE OF USER INFORMATION
ONE40 is not obligated to store Your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to You. You agree that ONE40 has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that ONE40 may establish limits as to the size of communications that ONE40 transmits or stores and the duration for which ONE40 stores any communications.
RECORDING CONVERSATIONS
Certain ONE40 Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, You are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. ONE40 expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify ONE40 from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services.
TRANSCRIBING CALLS
Note that the laws applicable to call transcription differs by state, province and country. For some jurisdictions, transcribing recorded calls, recording calls or even transcribing real-time speech over a call or video is prohibited or requires informed consent by some or all parties to the conversation. We recommend you review the relevant laws of your locality or consult with an attorney regarding your specific circumstances.
VOICE-TO-TEXT AND TEXT-TO-VOICE LIMITATIONS
Certain ONE40 Services may provide a function that allows voicemails to be converted to text and vice versa. You understand and agree that ONE40's voice-to-text ("VTT") and text-to-voice ("TTV") features may not accurately transcribe voicemails or articulate text messages, respectively. You are solely responsible for checking the original message and verifying the accuracy of the message when using any and all VTT or TTV features. ONE40 expressly disclaims all liability with respect to the conversion of voicemails to text or vice versa. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify ONE40 from and against any damages or liabilities of any kind related to Your use of VTT or TTV features when using the Services.
SUPPORT AND FEEDBACK
ONE40 may provide customer and technical support to You via telephone, chat, forums, FAQ and email for the Services. The types of support provided by ONE40 is dependent on the products that You purchased and the number of seats using ONE40 in Your organization. The types of support provided by ONE40 is determined entirely by ONE40 in its sole discretion and may change from time to time. ONE40 does not make any representations or guarantees that ONE40 will be able to fully resolve any issues reported by You. Except as provided in this section, ONE40 has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in Your particular use of the Services.
From time to time, ONE40 may send You surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant ONE40, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to ONE40.
ADDITIONAL TERMS FOR ONE40 VOIP SERVICE
ONE40 VoIP Service (“VoIP Service”) includes one or more Voice over Internet Protocol ("VoIP") lines, including the option to add additional VoIP lines at a later date.
Your license to the Applications and VoIP Services is provided for a term specified in Your Services contract (the "Term") through ONE40 or an authorized Reseller. The initial Term begins on the date that you sign up for the Services (the "Date of Purchase"). The Term for all Services will renew automatically for successive Terms of the same length without further action by or notice to You unless You notify ONE40 customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in Your Services contract.
Monthly Service. For subscribers of monthly Services, You may cancel or terminate Your use of the Services with or without cause at any time by contacting ONE40 customer service at support@one40.com, subject to the restrictions and fees provided in this Agreement, Your Services contract, and any additional agreements governing the Services.
Annual Service. For subscribers of annual Services, You are purchasing the Service for the full length of the applicable Term. If You terminate the Services prior to the end of Your Term, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.
Equipment. To use the VoIP Service, You may wish to purchase phones, headsets, or other equipment (collectively, "Equipment"). All Equipment shipments are F.O.B. ONE40's shipping distributor facility. ONE40's liability for delivery shall cease, and title to such Equipment (if applicable) and all risk of loss or damage shall pass to You upon delivery to the shipping carrier.
All equipment obtained from ONE40 in connection with VoIP Service is subject to the Equipment Return Policy above. You understand and acknowledge that if You subscribe to the Services on an annual basis and You cancel prior to the end of Your initial term, cancellation or termination fees, or phone, hardware, and other equipment fees may apply in accordance with the terms and conditions of Your plan. You hereby authorize ONE40 to charge Your credit card, and You hereby agree to be liable for any and all such fees, costs, and charges.
VOIP 911 SERVICE
FOR USERS OF ONE40 FREE, ACCESS TO EMERGENCY SERVICES (911) IS NOT AVAILABLE. BY USING ONE40 FREE SERVICES, INCLUDING PORTING YOUR EXISTING NUMBERS TO ONE40 FREE, YOU ACKNOWLEDGE THAT YOU SHOULD MAKE ALTERNATIVE ARRANGEMENTS TO REACH 911 AND THAT YOU WILL INFORM ALL BUSINESS COLLEAGUES, HOUSEHOLD RESIDENTS, GUESTS, AND OTHER PERSONS WHO MAY BE PRESENT AT YOUR PHYSICAL LOCATION THAT 911 IS UNAVAILABLE THROUGH ONE40 FREE
FOR SUBSCRIBERS OF ONE40 PAID SERVICES, YOU UNDERSTAND THAT 911 SERVICE IS ONLY PROVIDED THROUGH THE ONE40 DESKTOP APP OR THE ONE40 SOFTPHONE DUE TO THE NATURE OF VOIP 911 SERVICE AND SERVICE PORTABILITY DISCUSSED BELOW, WE RECOMMEND YOU MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON ONE40 TO CALL 911.
YOU UNDERSTAND THAT THE ONE40 MOBILE APPLICATION USES YOUR DEVICE'S DIALER AND CELLULAR TELEPHONE SERVICE TO MAKE 911 CALLS. IF YOUR DEVICE DOES NOT HAVE CELLULAR TELEPHONE SERVICE, YOU WILL NOT BE ABLE TO CALL 911 FROM THE ONE40 MOBILE APPLICATION.
ONE40 VoIP 911 Service ("VoIP 911 Service") operates differently than traditional 911 service. We are required by the FCC to advise you of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 service. Such circumstances include: Internet Connection Failure. If the connection to the wired broadband Internet over which Your ONE40 VoIP Service is provided is interrupted, You would not have access to ONE40 VoIP Service during that interruption and therefore will not have access to VoIP 911 service during that interruption.
Number Flexibility & Service Portability. Traditional 911 service automatically sends Your 911 call to the appropriate local emergency responder, or Public Safety Answering Point ("PSAP"), based on Your telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends Your 911 call to the appropriate PSAP along with Your registered address and telephone number. Because the ONE40 VoIP Service permits You to obtain a telephone number that does not correspond to Your geographic location (for example, You may obtain a ONE40 VoIP telephone number with a Texas area code even if You do not have a Texasaddress) and allows You to use ONE40 VoIP Service anywhere You have wired broadband Internet, the VoIP 911 Service functions differently than traditional 911 service in certain respects:
Because Your address does not necessarily correspond with Your telephone number, You must provide ONE40 with the street address(es) where You will be using ONE40 VoIP Service ("Registered Location(s)") when You sign up for ONE40 Paid service. If You relocate any equipment (PC with softphone, IP phone, or ATA with traditional phone) that You use to access the VoIP Service, You must update Your Registered Location(s). If You do not update your Registered Location(s), any 911 calls You make using the VoIP Service will be routed based on Your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Your new location. In addition, because the VoIP Service will, where possible, automatically transmit Your Registered Location to the PSAP, You must update Your Registered Location to ensure that the VoIP Service transmits accurate location information to the PSAP. Once You notify us of a change in Your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of Your new Registered Location. In some parts of the country where direct routing to PSAPs is not available for VoIP 911 Service, the Service will route Your call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive Your address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
Loss of Electrical Power. Unless You have a backup system to power Your wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that You use to access Your VoIP Service, You will not have phone service or 911 service during any power outage. Registration of Physical Locations Required. As discussed above, You must register the Registered Location where You will be using VoIP service for each VoIP phone line You use from ONE40 (e.g., if You purchase ONE40 with three VoIP lines, You must provide a Registered Location for each of the three VoIP lines). ONE40 will obtain Your Registered Location as part of the service initiation process and will not provide VoIP Service until you have provided Your initial Registered Location. However, You must update Your Registered Location when You use Your VoIP Service from a new location. Regardless of what address You register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the VoIP Service, emergency calls will be routed to the National Emergency Call Center.
You agree to provide true, accurate, current, and complete Registered Location information to ONE40 as part of the service initiation process and to update as soon as possible Your Registered Location with true, accurate, current, and complete information whenever You use Your VoIP Service from a new location. If You provide Registered Location information that is, or that ONE40 suspects to be, false, inaccurate, not current, or incomplete, ONE40 has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. ONE40 will not, however, disable Your ability to make a 911 call during any service suspension.
You may update Your Registered Location by logging on to Your Account settings page or contacting ONE40 customer support at support@one40.com. For purposes of 911 Dialing, You may only register one Registered Location for each VoIP line.
Notify All Users of 911 Limitations. You should inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where You utilize the VoIP Service that 911 may not be available or may be in some way limited in comparison to traditional 911 service. ONE40 will provide subscribers to VoIP services for which E911 service is provided, stickers warning that "E911 Service May Be Limited or Not Available" for use with any VoIP equipment purchased. It is Your responsibility to place these stickers on the equipment You use to access VoIP Service. If You have not received a sticker, or You require additional 911 stickers, please contact customer support at support@one40.com.
Disclaimer of 911 Liability. ONE40 disclaims all responsibility for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. ONE40 does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the VoIP service, how they answer these calls, or how they handle or respond to these calls. ONE40 relies on third parties to assist it in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties in the provision of ONE40's 911 service.
OPERATOR ASSISTED CALLING, 311, 511, AND OTHER X11 CALLING
The VoIP Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The VoIP Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
PUBLICITY RIGHTS
You agree that ONE40 may identify You as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on ONE40's website; or any other third-party website where ONE40 or its designated agents may promote the Services. You hereby grant ONE40 and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
Non-disparagement. You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages ONE40 or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, ONE40 may terminate Your access to the Applications or Services if You breach the requirements of this section. Copyright Infringement Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, ONE40 reserves the right to terminate access to its Applications or Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if ONE40 determines that a user is a repeat infringer.
OTHER TERMS
Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. ONE40 shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond ONE40's reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and ONE40 ("Dispute"), You and ONE40 shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of ONE40's legal department (or other representative of ONE40 designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor ONE40 shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
Effective date: June 1, 2021
We at ONE40 know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy.
What does this Privacy Policy cover?
This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.
As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@one40.com.
By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
Remember that your use of ONE40’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
Will ONE40 ever change this Privacy Policy?
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on ONE40, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
What Information does ONE40 Collect?
Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, and third-party account credentials (for example, your log-in credentials for LinkedIn or other third party sites). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of our features.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by unsubscribing through the link at the bottom of our emails.
Information Collected Automatically:
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Information Collected From Other Websites and Do Not Track Policy:
Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
Will ONE40 Share Any of the Personal Information it Receives?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with third parties as described in this section:
Information that’s no longer personally identifiable: We may anonymize your Personal Information so that you are not individually identified, and provide that information to certain of our partners to help us understand our users’ online behavior. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that we can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual. If you choose to opt-out of sharing any usage information, please note that your actions, such as getting a new computer, installing a new browser, erasing or otherwise altering your browser’s cookie file, may clear any opt-out cookies that you have enabled.
Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. You agree that we may provide any of the information we have collected from you and your browsing activity on our website in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in Austin to show you ads or offers for Austin businesses, but we will not tell such businesses your identity. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.
Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you. for example, we may use a payment processing service, such as Braintree and Bill.com, to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us and may not use such information for marketing purposes. You acknowledge and agree that we may authorize access to your data, for those employees, contractors, partners and agents, who need to know that information in order to operate, develop and improve products and services. With regard to data of customers in the European Union, we remain liable in cases of onward transfer to agents and third parties pursuant to the EU-U.S. Privacy Shield.
User Profiles and Submissions: Certain user profile information, including your name, location, identifying information of your contacts, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that you are responsible for entering and updating any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.), which may become publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third party site or service.
Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of ONE40 and Others: We reserve the right to access, read, preserve, and disclose any personal information that we believe is necessary to comply with the law, or in response to lawful requests by public authorities, a court order or subpoena; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of ONE40, our employees, our users, or others, including to meet national security or law enforcement requirements.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Personal Information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
The information you can view, update, and delete may change as the Services change. Individuals have a right to access, correct, amend, or delete information that we hold and can submit requests to do so by written request to: dsar@one40.com.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your ONE40 account by contacting support@one40.com. After deletion of such information from your account, some information may remain in our records for a period of time that is consistent with the purpose for the which the data was collected. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Following the cancellation of your Services, we may retain information covered by this Policy for a period of eighteen months from the date of termination of your relationship with ONE40.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support@one40.com and we will try to resolve your concerns.
Effective date: June 1, 2021
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Remember that your use of ONE40’s Services is at all times subject to the Terms of Use, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to ONE40’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, ONE40 may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that ONE40 may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ONE40's discretion.
Please contact ONE40's Designated Agent at the following address:
Legal Team
P.O. Box 1646
El Paso, TX 79901
legal@one40.com
(915) 800-7000
