Terms And Conditions

Effective Date: 04/03/2020

 

These Terms of Service, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms of Service”), sets forth a legally binding agreement between you and OneClickRoot (“OneClickRoot,” “OCR” “we,” “us,” or “our”).  As used herein, our Software means the OneClickRoot Device Customizing Service (which includes but is not limited to rooting and/or jailbreaking), as we may modify from time to time in our sole discretion, made available for purchase through our website currently located at https://OneClickRoot.com/ (the “Site”) as a service that can be provided through our agents for and on your existing mobile device (“Service”).  These Terms of Service govern your access to and use of any Software, any related support services, and any content, functionality and services offered on or through the Site that is made available to you as a registered user (together with the Software, the “Services”).  In addition, the OneClickRoot Terms of Use, Refund Policy, and Privacy Policy are hereby incorporated and made a part of these Terms of Service by this reference.  Please read these Terms of Service carefully before accessing or using any of the Services.

 

PLEASE BE AWARE THAT THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.

 

  1. Acceptance of Terms; Binding Effect – By using this site, you agree, without limitation or qualification, to be bound by these terms and conditions, to which we reserve the right to make changes from time to time, consistent with applicable law. If you do not agree to these terms and conditions, do not use this site.
  2. Additional Terms – You must be at least 18 years old or be of the consenting legal age in your country of origin and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein in order to access this Site and purchase services and/or products from us. Individuals under the age of 18 or who are not of the consenting legal age in their country of origin, are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent and warrant that you are at least 18 years old and that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
    1. You understand and agree that additional terms may apply to certain Services, or your use of certain portions of our Site, including, without limitation, our Refund Policy (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms of Service by this reference.  In the event of any direct conflict or inconsistency between the provisions contained in these Terms of Service and the terms of any Additional Terms, these Terms of Service shall control.
    2. In the event of any direct conflict or inconsistency between the provisions contained in these Terms of Service and the provisions contained in the Terms of Use, the provisions of these Terms of Service will govern and control.
  1. Changes to Terms of Service – We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.
  2. OneClickRoot Accounts – You may need to create a OneClickRoot account in order to access and use certain Services through our Site.  You must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity.  You are solely responsible for maintaining the confidentiality of your username, password and other account information, and for all use of the Services and other activities performed through use of your OneClickRoot account and/or the mobile device on which the Services are installed.  In consideration of your use of the Services, you represent and warrant that you will: (i) provide only true, accurate, current, and complete information about yourself when creating your OneClickRoot account, when otherwise prompted by the Service, and when communicating with OneClickRoot; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, OneClickRoot has the right to limit, suspend or terminate your OneClickRoot account and your access to the Services (or any portion thereof).  You agree to immediately notify OneClickRoot of any unauthorized access to or use of your OneClickRoot account or the Services, or any other breach of security relating to the Services or OneClickRoot.  OneClickRoot will not be liable for any damages arising from your failure to comply with this Section 4.
  3. SPECIAL REQUIREMENTS FOR USE OF OUR SERVICES – IN ADDITION TO ANY OTHER REQUIREMENTS SET FORTH HEREIN, IN ORDER TO USE OUR SERVICES, YOU MUST:
    1. OWN THE DEVICE ON WHICH OUR SERVICES ARE INSTALLED, AND
    2. EITHER: (A) BE A LEGAL GUARDIAN OF A MINOR THAT IS USING SUCH DEVICE, OR (B) OBTAIN ADVANCE, FULLY-INFORMED CONSENT FROM THE APPLICABLE END USER(S) OF SUCH DEVICE, WHICH CONSENT GRANTS YOU PERMISSION FROM ALL SUCH END USERS TO ROOT/JAILBREAK SUCH END USER’S DEVICE BEFORE INSTALLING AND ACTIVATING OUR SERVICES ON SUCH DEVICE.
    3. If you attempt to use our Services on a device that you do not own or for which you do not have proper consent to do so, you may be breaking local, federal and/or state laws of your country – for instance, installing OneClickRoot on another person’s phone without their knowledge may be illegal in your country.  It is your responsibility to obey all laws of your country and use our Software in compliance with applicable laws.   If you use any of our Services in an illegal manner, we will cooperate with law officials to the fullest extent possible.
  1. License and Use of Services
    1. License – Subject to the terms and conditions set forth herein, we hereby grant you a limited, non-exclusive, non-sub-licenseable, non-transferable license during the term of your use (as defined below) to access and use the Software that you Purchase for your personal, non-commercial, internal use, only on a mobile device that you own.  You may install one (1) copy of the Software on your mobile device.
    2. Restrictions on Use.
      1. Solely for Personal Use – You may browse this Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
      2. Accuracy of Information as Condition to Site Access – To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
      3. Restricted Transmission – You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In using this Site, you may not:
        1. Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
        2. Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
        3. Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
        4. Transmit any information, software, or other material that contains a virus or other harmful component;
        5. Use any software, tool, data, device, or other mechanisms to navigate or search this Site, other than generally available browsers or a search engine provided by us;
        6. To frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
        7. Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
      4. Other Restrictions – Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
  • Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
  • Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
  • Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by the use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
  • Using this Site to send unsolicited email promotions or advertisements for products or services;
  • Forging any TCP/IP packet header or any part of the header information in any email or in any posting; or
  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
  • Any violation of system or network security may subject you to civil and/or criminal liability.


Reservation of Rights
.

OneClickRoot reserves all rights not expressly granted to you under this Agreement.  Except for the limited permissions expressly granted hereunder, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services, the Site, or any other intellectual property rights or other rights of OneClickRoot or its Affiliates.

Third-Party Products Included in the Services.

    • Generally.  Unless otherwise set forth herein, the Services specifically exclude any and all third-party hardware, software, documentation and services required for use in connection with the Services.  You shall be responsible for procuring and maintaining all such third-party hardware, software, documentation, and services necessary to use the Services in accordance with the terms herein. We shall have no responsibility or liability whatsoever with respect thereto.
    • Open Source Components.  The Services may include software component that is provided under this Agreement as part of the Services or Documentation that is subject to any open source license agreement (“Open Source Components”).  Your use of these Open Source Components shall be subject to and governed solely by the terms and conditions of the applicable Open Source Components license agreement(s).  We shall have no responsibility or liability whatsoever with respect thereto.

Delivery and Installation of Services.

You will visit our site located at https://oneclickroot.com and purchase our service, you will be directed to one of our agents who will then perform the service.

  1. Ownership

OneClickRoot Intellectual Property.

Excluding the mobile device that may be purchased as part of the Pre-Installed Software, the Software and other Services are licensed not sold, and, as between the parties hereto, OneClickRoot owns all right, title, and interest in and to the Site and all Services, and all trademarks, tradenames, service marks, service names, logos, and designs featured therein, including all Improvements to the foregoing, the goodwill and reputation symbolized thereby, and all intellectual property rights in and to the foregoing (collectively, “OneClickRoot IP”).  You have no rights with respect to any OneClickRoot IP except as expressly set forth herein.

 

No Contest

You shall not contest OneClickRoot’s ownership rights in any OneClickRoot IP (including, without limitation, any and all intellectual property rights therein and thereto), challenge the validity of such rights, or take any action in derogation of such rights.  All goodwill and improved reputation generated by your use of any OneClickRoot IP shall inure to our benefit.  You further agree that we shall retain the exclusive right to apply for and obtain registrations for all OneClickRoot IP throughout the world.

Feedback

If you send or transmit any communications or materials to us, suggesting or recommending changes to any OneClickRoot IP, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or ideas about the OneClickRoot IP or OneClickRoot’s current or future business (collectively, “Feedback”), then we shall own such Feedback and be free, but not obligated, to use such Feedback for any purpose.  You hereby assign to us all right, title, and interest in and to such Feedback, without any attribution or compensation to any person or entity, including, without limitation, any ideas, know-how, concepts, techniques, Improvements, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.

 

User Data

As between the parties hereto, you own all right, title, and interest in and to the personally identifiable information that you make available to us under these Terms of Service, along with all other information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted to your OneClickRoot account by you or a consenting user of the device on which the Software is installed (“User Data”).  You hereby grant to us and our Affiliates a non-exclusive, royalty-free, sublicenseable, worldwide license to reproduce, distribute, transmit, display, use, and otherwise perform all acts with respect to your User Data as may be necessary to provide the Services in accordance with the terms herein.

 

  1. Fraud and Compliance Monitoring 

 

In order to ensure that OneClickRoot, the Services, and our customers comply with these Terms of Service and applicable law, we may monitor your use of our Site and/or the Services for unauthorized or illegal activity.  We reserve the right to refuse to process or ship an order for Services or to suspend or terminate your access to our Site or Services due to actual or suspected unauthorized or illegal activity, including, without limitation, fraud, or actual or suspected breach of these Terms of Service.

 

  1. Purchases

 

Generally

If you wish to purchase any Services made available through our Site (each, a “Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card information (including the name on the card, the card number, and the expiration date of your credit card), your billing address, your contact information, and your shipping information (as applicable).  By submitting such information, you grant to us and our Affiliates (as defined below) the right to provide such information to third parties in order to facilitate and fulfill the Purchase, including, without limitation, third-party payment processors.  In addition to any other terms set forth herein, you understand and agree that we, our Affiliates, and applicable third-party service providers reserve the right to verify the information you provide before fulfilling any Purchase.  For purposes of this Agreement, “Affiliates” means, respect to OneClickRoot, any person or entity that controls, is controlled by, or is under common control with OneClickRoot, where “control” means the possession, directly or indirectly, through one or more intermediaries, of the power to direct or cause the direction of the management or policies of a person or entity, whether through ownership of voting securities, controlling interests, or similar arrangement.

It is your responsibility to identify, understand, and comply with all applicable laws regarding your receipt, possession, access, and use of any Services that you Purchase from our Site, and by placing a Purchase order, you represent, warrant, and covenant that you will use the Services only in a lawful manner.

Order Acceptance and Cancellation 

 

You agree that your Purchase order is an offer to buy, under these Terms of Service, all Services listed in your Purchase order and pay all charges for such Purchase at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.  All Purchase orders must be accepted by us or we will not be obligated to sell the services or products to you.  We may choose not to accept Purchase orders at our sole discretion, even after we send you a confirmation email with your Purchase order number and details of the items you have ordered.

 

Purchase Procedures

After submitting your Purchase order on the Site, a confirmation page will appears that displays your Purchase order number.  You will also receive an email confirmation within 24 hours after your Purchase order has been submitted.  If your email confirmation does not arrive within such period, please contact us via e-mail at [email protected] for assistance.

 

Except with respect to backordered Services, Purchase orders are usually processed by us with 24 hours from the date the order was placed.  If your order is on backorder, you will be notified via e-mail.  With respect to backordered Services, your Purchase order will be processed, and you will be billed once the service is available.

 

Once billed, the Purchase will be reflected on your card statement in connection with the descriptor “BLS*1clkr.com.”

 

Availability

 

Services offered through our Site are offered subject to availability.  The inclusion of any products or services (including descriptions or images thereof) on the Site does not warrant that these products or services will be available on or through the Site.  While we do our best to ensure that the information on our Site, including, without limitation, price and product information relating to the Services, is current and complete, we are not liable for inaccurate information or for any information that has been omitted or is out of date.  Prices for Services are quoted in U.S. Dollars.

 

Prices and Promotions

 

All descriptions, images, specifications, prices, discounts, and/or promotions posted on this Site are subject to change without notice.  We may, from time to time, offer promotions for shipping and other discounts on Purchases.  We reserve the right to suspend any such promotions, update information, change prices and adjust shipping and handling fees at any time without notice.  Furthermore, we reserve the right to change, limit, refuse, or cancel any Purchase order you place with us at our sole discretion.  If we change or cancel a Purchase order, we will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.  The price charged for any Services will be the price in effect at the time the order is placed and will be stated in your order confirmation email.  Price increases will only apply to Purchase orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling applicable to your Purchases.  All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email; you remain responsible for any such taxes. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any Purchase orders arising from such occurrences.

 

We may offer, from time to time, promotions on the Site that may affect pricing and are governed by terms and conditions separate from these Terms of Service.  If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.

 

Usage of Coupons/Promo Codes

 

Use is limited to one (1) time per coupon and/or discount code per customer.  Discounts will be applied at checkout.  Online offers have no cash value and are not redeemable for cash.  Coupons and promo codes are not valid on previous Purchases or when combined with other promotional offers.

 

Payment Terms

 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of a Purchase order.  We accept PayPal or through our payment gateway on BlueSnap for all purchases.  By entering into any transaction through the Site, you represent, warrant and covenant that: (a) all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); (b) any Purchases submitted by you or on your behalf are authorized; (c) charges incurred by you or on your behalf will be honored by your credit card company; (d) you will pay charges incurred by you at the posted prices, including, without limitation, shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your Purchase order; and € you are the legal holder of any credit card or payment account used to enter into any Purchase through the Site.

 

If, in our sole discretion, we determine that: (i) your means of payment is not valid; (ii) a Purchase is not authorized; (iii) your means of payment cannot be processed or verified at the time of any charge; (iv) a charge is disputed for any reasons other than failure by us to deliver the item(s) Purchased by you; (v) you have abused or misused promotions or promotion codes, as applicable; or (vi) you have otherwise used the Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of our obligations hereunder.

 

By agreeing to these Terms of Service, you consent that, depending on the type of payment method used, the payment processing services are provided by PayPal or BlueSnap.

 

Shipments; Delivery; Title and Risk of Loss

 

You will pay all shipping and handling charges specified during the ordering process.

 

With respect to delivery of devices that include Pre-Installed Software, we will arrange for delivery of such device to you.  We endeavor to start delivery of all such Purchase orders within 24 hours of receipt.  Please check your Purchase confirmation email for specific delivery terms.

 

Title and risk of loss pass to you upon our transfer of the Services you Purchased to the carrier responsible for delivery.  Delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in delivery.

 

Returns and Refunds

 

The refund terms that apply to Purchases of Services on our Site are available at Refund Policy.

 

Resale of Services and Product

 

This Site sells Services to retail consumers and also bulk orders.  You may use this Site to purchase Services for re-sale by giving us prior notice during your purchase process.  We reserve the right however, to immediately bar access to our Site and/or Services and terminate the account of anyone who violates this provision.

 

Customer Support for Purchases

 

Support is available 24 hours a day, 7 days a week. Reference is made to Section 20 – Force Majeure for instances where services cannot be provided.

 

Email:  [email protected]

Access live Agent through Chat Here

 

  1. Privacy and Security 

 

When you use the Services, you provide us with different types of information. You acknowledge and agree that OneClickRoot, our Affiliates and our third-party service providers may receive personal information in connection with your use of our Site and Services. Please read our Privacy Policy, which applies to our Site and the Services and explains how we collect, use and share information through our Site and the Services, as well as your choices regarding these activities.  We have put in place physical, electronic, and administrative safeguards to help protect personal information.  However, as is the case with all websites, applications, and online services, we unfortunately are not able to guarantee security for data collected through our Services.

In addition to any other termination rights set forth herein, OneClickRoot may suspend or terminate your access to and use of this Site, your account, and/or any other Services at any time, without notice and for any reason.  OneClickRoot will use reasonable efforts to notify you of any material change to the Services or the suspension or termination of any Services by notifying you or posting a notice on the Site, provided that OneClickRoot shall not be required to do so nor shall OneClickRoot be liable for any failure to do so.  OneClickRoot reserves the right to discontinue this Site and/or any Services at any time for any reason upon notice.

 

  1. Services Offered by Third Parties

OneClickRoot may from time to time make available to you the opportunity to purchase, access or otherwise use certain products or services by or through the Services from companies other than OneClickRoot.  Any purchase or use of such third-party products and services will be subject to the terms and conditions of the applicable third parties offering such products or services.  Please read those terms and conditions carefully before purchasing or using any such third-party products and services.  You expressly acknowledge and agree that we make no representations or warranties, express or implied, with respect to such third-party products or services and we have no responsibility or liability of any kind or nature whatsoever with respect to such third-party products or services.

Your correspondence or dealings with or participation in promotions of third-party providers, vendors, and/or resources made available by or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such correspondence or dealings, are solely between you and such third-party providers, vendors or resources. You acknowledge and agree that OneClickRoot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such resources that are accessible or made available by or through the Services.

The Services and/or Site may provide or make available links to certain third-party websites, products, materials and resources.  In certain instances, the third-party content may be “framed” in such a way it appears you are still on the Site.  You acknowledge and agree that OneClickRoot is not responsible for the availability of such external websites or resources, and OneClickRoot does not endorse and is not responsible or liable for any content, advertising, products, services or other materials provided on or otherwise made available from such websites or resources. You further acknowledge and agree that OneClickRoot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any such websites or resources.

 

  1. Disclaimer 

Any and all information that is accessible or otherwise made available to you by or through the Site or Services (including any use thereof) is provided on an “as is” and “as available” basis.  On occasion, information on that is accessible or made available to you by or through the Site or Services may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update any information that is accessible or otherwise made available to you from time to time by or through the Services for any reason, including, without limitation, if such information is incorrect, inaccurate or incomplete. Root and JailBreak are an advanced technique within Android and iOS. These techniques give you permissions to perform actions on your device that are not otherwise possible. These abilities allow you and your installed apps to perform actions on your device that can prove detrimental to your device. Although rooting is not illegal in the United States to perform on your own device, it can and will void the warranty on your device. Should something go wrong, it is your own responsibility, so proceed with caution. If you install OneClickRoot service software onto a phone device which you do not own, we will fully cooperate with law officials to the fullest extent possible. All trademarks on this site are property of their respective owners. Mentioned trademarks are used solely for the purpose of describing Smartphone and carrier compatibility for our mobile phone rooting/jailbreaking service.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH, IS AT YOUR SOLE RISK.  THIS SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF OR THAT THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY THEREOF WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS WILL BE CORRECTED.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, OR ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, OR ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH.  WE DO NOT WARRANT THAT THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS.  YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH IS TO STOP USING THE SITE, THE SERVICES, ANY OTHER ONECLICKROOT IP, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH, AS APPLICABLE.  THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS.

 

NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability and Release of Claims

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) ACCESS TO OR THE USE OF THE SITE, ANY SERVICES, OR ANY OTHER ONECLICKROOT IP, OR THE INABILITY TO ACCESS OR USE ANY OF THE SITE, ANY SERVICES ANY OTHER ONECLICKROOT IP,; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SITE AND/OR ANY SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SITE SERVICES; OR (V) THE IMPROPER AUTHORIZATION FOR THE SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY.

 

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ONECLICKROOT AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS ARISING FROM OR RELATING TO YOUR USE OF THE SITE, THE SERVICES, AND ANY INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE IN CONNECTION THEREWITH.

 

  1. Indemnification; Release 

You agree to indemnify, defend, and hold harmless OneClickRoot, its Affiliates, and each of their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including, without limitation, any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation of these Terms of Service, including, without limitation, the Terms of Use; (ii) your use of the Site, any Services, or any other OneClickRoot IP; (iii) your violation of another person’s rights; (iv) your violation of law, including, without limitation, use of any Subscription or other Services in violation of applicable law; (v) your User Data, or (vi) any negligent, intentional or reckless action or omission by you.  This indemnification obligation will continue even after you terminate your account, or stop using the Site and/or any other Services.

In addition, you release OneClickRoot from all claims, demands, actions, or suits in connection with any content, information, data or materials that you upload, post, email or otherwise transmit by or through the Services, including, without limitation, any liability related to our use or non-use of any of the foregoing, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

  1. Notices; Consent to Electronic Communications

 

We may send you responses or notices by e-mail, or posting to this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Unless expressly stated otherwise in these terms, any notices you provide to us shall be given by email to:

 

[email protected]

 

  1. Export 

Each party shall comply with the export laws and regulations of the United States and all other applicable jurisdictions in providing and using the Services offered hereunder.  Without limiting the generality of the foregoing, you shall not make the Services available to any person or entity that: (i) is located in a country that is subject to a U.S. government embargo; (ii) is listed on any U.S. government list of prohibited or restricted parties; or (iii) is engaged in activities directly or indirectly related to proliferation of weapons of mass destruction.

  1. Compliance with Applicable Laws

You represent, warrant and agree that you can and will comply with all applicable laws in connection with these Terms of Service, including, without limitation, when accessing and using the Services.  You further represent and warrant that you will not perform or fail to perform any act that you know or reasonably should know would place OneClickRoot in violation of any applicable law.

  1. Dispute Resolution Procedures

Governing Law 

 

These Terms of Service and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the Commonwealth of Puerto Rico, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of the Commonwealth of Puerto Rico, District of San Juan to apply.

 

Timing of Claims

 

Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within [one (1)] year after the claim or cause of action arises.

 

Arbitration and Venue 

 

Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in The Commonwealth of Puerto Rico, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

 

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

 

Final Arbitration 

 

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information.  Neither party may use, disclose, or divulge any such information unless otherwise required by law.

 

Class Action Waiver

 

To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.  You agree to an arbitration on an individual basis.  In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

  1. Force Majeure

 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, epidemics/pandemics (whether declared or not) revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

 

  1. Miscellaneous

 

The division of these Terms of Service into sections and the headings of the various sections in these Terms of Service are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Service.  You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms of Service.  Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties hereto nor trade practice shall act to modify any of these Terms of Service.  We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent.  You shall not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms of Service.  There shall be no third-party beneficiaries to these Terms of Service. Any provision of these Terms of Service that contemplates performance or observance subsequent to any expiration or termination of these Terms of Service, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms of Service and continue in full force and effect, including, without limitation, Sections 1, 2, 3 6(b), 6(c), 7, 9, 10, 12, and 13.  If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.  These Terms of Service, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

 

  1. S. Use Only

This Site is controlled and operated by OneClickRoot from our offices in the United States of America, and the content, services, products, and incentives we may provide from time to time on and through the Site are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Those who access or use this Site from other jurisdictions do so at their own choice and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions will remain in full force and effect.

 

  1. California Users Only

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via e-mail at [email protected]

 

 

  1. Questions – If you have any questions or comments regarding these Terms of Service, the Site, or the Services, please feel free to contact us by e-mail at [email protected].
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