JustOne Click

 

Definitions:

 

Welcome to JustOne Click LLC, a Delaware limited liability company (together with its successors and assigns, referred to in this policy as “JustOne,” “us,” “we,” “our,” “Company,“ or “The Company”). JustOne has adopted the following Terms and conditions of Service which govern your relationship with JustOne and provides important information about your legal rights (“Agreement”). Users of JustOne include members who have registered for a JustOne account (“Account”) (“Members”) and visitors who downloaded the app or visit the site without registering for an Account (“Visitors”). (Visitors and Members together are our “Users.”)

 

Your acknowledgment and agreement:

 

To use the Service (defined below) and the associated Application (defined below), you must agree to these Terms and conditions. By using or receiving any services supplied to you by the Company (collectively, the “Service” or “Services”), and downloading, installing or using any associated application supplied by the Company, the purpose of which is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.justoneclick.net/terms or through the Service.

 

What is JustOne:

 

JustOne is a mobile platform that provides technology that enables users to give and receive tips and charity with JustOne Click. In return, Users may get coupons from the the recipients they interact with.

 

Service limitation and usage:

 

Limitation of Service:

 

The service may only work with compatible devices and with use of the correct version of the app. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.

 

Proper usage:

 

You agree to use JustOne for its purpose only and as intended. You agree to use JustOne for lawful purposes only. You agree to comply with all regulations and avoid unlawful funds or content within the Service. You agree to avoid any fraudulent activity within the Services or while using the Services.

You will not use the Services to bother or inconvenience anyone. You will not use the Services in a manner that will interfere with the normal operation of the Services or the network. You will not try to harm the Application or the services in any way. You agree to access our services and application from internet resources that have been obtained legally, and you are authorized to use. All Transactions must take place in the United States.

 

SMS Charges:

 

You agree that to receive SMS services from us and are aware that standard messaging services charges may apply to those.

 

Personal Information: 

 

You will be asked to pick a username for your Account. Your username has to be unique and can’t be inappropriate, offensive, pretending to be someone else, misrepresenting who you are, or something that violates the rights of someone else. You will also be asked to pick a password to protect your Account. Together this information is used to access your Account. It is your responsibility to keep your login information confidential, and you are responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact us. You agree to keep your credentials, including any account password or any identification we provide you which allows access to the Service secure and confidential and private. 

 

Restriction of usage:

 

The use of the Service is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your user account to any other person or entity. 

When using the Service, you will comply with all applicable laws. If you are a charity organization, non-profit, government, business, or any other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old and that you have the legal right, authority, and capacity to enter into this Agreement. When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.

Limited Liability:

 

The Company is not responsible for the services, activities, and whereabouts of the recipients. 

Transactions and fees:

 

Purchase and withdrawal of JustOne Credits:

 

JustOne Credits:

 

To save on transaction fees and comply with regulations, JustOne does not hold any User funds at any time. When users upload money to their account, they agree to in fact purchase JustOne credits equal to the amount uploaded. JustOne does not charge any fee for that transaction. At any time a user can withdraw an amount of money, in US Dollars, equal to the number of credits in their account without any fees. Only deposit and withdrawals will be in US Dollars, all other transactions inside the services are of JustOne’s credits and not actual US Dollars. Credits can be withdrawn in USD into a PayPal account or a bank account. JustOne uses PayPal to facilitate those transactions. All of PayPal’s terms and condition, and rules and regulations apply.

 

Transaction fees:

 

JustOne only collects fees of up to 10 percent of the transaction amount in credits on internal transactions of credits when users send credits to other users. The fee is deducted from the recipient at the time of the transaction and is up to 10% of the amount transferred subject to any change in the future. We do not hold your money at any time. We will allow you to withdraw real money equivalent to the number of credits you have in the account. Deposits (purchasing of credits) and withdrawals bear no fees to our users.

 

Payment Terms:

 

Any user can receive credits on the app. It is the user’s responsibility to take the proper actions to be able to withdraw the credits from their account legally. A user is not required to hold a balance in the app to receive credits. A user can receive payments even they are not registered yet. The company will reach out to the prospective user weekly to notify them of the amount they have pending in their account. After 60 days, if the prospective user had not registered to the app, the credits will be refunded to the receiver’s account without any fees.

 

Required information:

 

In some cases, we may ask for proof of your age or identity at any time to verify your Account, and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity. JustOne might have to collect additional information such as the last four digits of your social security number, your home address and your birthday to comply with regulations. You agree to provide that information if that is needed for withdrawal.

 

Receiving and sharing funds:

 

The company is not responsible for any ‘pool’ or sharing of the credits or funds. Users can choose to distribute the funds among themselves after withdrawal. User agrees that each person receiving any funds from this app will be legally and lawfully allowed to receive those funds. The company is not responsible for any liabilities related to sharing or receiving funds with this app. Users are responsible disclosing and handling their finances legally.

 

Verified Accounts:

 

Users have the option to be ‘verified,’ Verified accounts will have a small green checkmark by their photo Id inside the Application, and that will indicate that The Company has done the due diligence and had a reason to believe that these users are in fact whom they claim to be. This feature is especially useful for charity organizations. Verified users are for general knowledge only; the Company is not responsible for its accuracy.

 

Daily Limits:

 

The Company had set daily limits before a user is asked to type in a code and also a daily giving limit per User. This feature is used to prevent accidental and fraudulent transactions.

 

User shared information:

 

The Services may publicize the Username and the profile image of the user. The User has the option to choose what additional information will be published and what stays private.

 

Messages:

 

Users are able to add a default personal message that will be shared when they give and a default message that will be shared when they receive. 

 

Coupons:

 

Users have the option to associate themselves with an establishment. Users will be able to receive coupons from establishments they visited.

 

Accessing and Downloading the Application from iTunes:

 

The following applies to any App Store Sourced Application:

 

You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not APPLE, and (ii) Company, not APPLE, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that APPLE has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify APPLE, and APPLE will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, APPLE will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and APPLE, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You and Company acknowledge that, as between Company and APPLE, APPLE is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and APPLE, Company, not APPLE, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that APPLE, and APPLE’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, APPLE will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

 

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.

 

The company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that the Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.”

 

Company and User Content:

 

Defined Content-related Terms:

 

“Content” means all text, graphics, images, music, software (excluding the Application), audio, video, information layout, design, images, programs or other materials.

“Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.

“Collective Content” means, collectively, Company Content and User Content.

 

License Granted by Company:

 

Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.

 

License Granted by User:

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content; provided, that, by making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through any lawful means.

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Copyright:

 

Company respects all applicable copyright law and expects its Users to do the same. It is Company’s policy to terminate access and use of the Service and the Application in appropriate circumstances in which Users repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. All Company Content is the property of Company and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. Company shall own all right, title and interest, including all related intellectual property rights.

 

Third party:

During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you solely pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of, or access to, such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

The Company may rely on third-party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

 

User Content:

 

By posting User Content through the Service, you agree to allow anyone with access to the Service to access the User Content you post. You agree that any discussion you initiate or participate in, or User Content you post will be related to the service and/or service providers participating in the Service or such other matters as are related to Service.

You agree not to post or transmit material that is confidential to you or a third party. Further, you agree that you will not post or transmit material that is proprietary to a third party unless you have obtained consent from such third party.

You agree to respect copyright, fair use, and financial disclosure laws. You agree not to post images unless you own the exclusive rights to display the imagery in this context. By posting images that depict a person or persons, you represent and warrant that you obtained consent from and verified the legal age of each person depicted in the image for the distribution, display, and usage of the image in the general public.

You agree to use common courtesy when posting content, and to refrain from abusive, obscene, or offensive language, images, or links. Company shall have no obligation to compensate you for any feedback or other User Content. Company reserves the right but does not have the obligation, to monitor the Service. The company is not responsible for what anyone posts on the Service, and postings do not necessarily represent the opinions or positions of Company. 

 

The following is strictly forbidden on the Service:

 

Use of the Service for illegal purposes or to publish any content that is unlawful, defamatory, and fraudulent or related to gambling, or that advocates intolerance of others.

Use of the Service to misappropriate the identity of another person or post other people’s personally identifying or confidential information, including but not limited to, credit card numbers, Social Security Numbers, and drivers and other license numbers. Users may not post information such as other people’s passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible. Use of the Service to post hate speech and other objectionable content. Company reserves the right to warn others of the potentially offensive content through the use of a warning page. Service also reserves the right to remove content or disable links to host sites that exist for the primary purpose of garnering commercial traffic through pornography. The company is not in a position to determine whether any Content violates these terms of use at the time it is posted. However, if we have reason to believe that any content is false, defamatory, unlawful, inconsistent with this Agreement, or improper for any other reason, we reserve the right to remove that content from the Service.

 

User privacy:

 

You acknowledge that your profile, which includes your name, display name, and language preference plus any other information you elect to make public, together with your activity, such as your software downloads, forum posts, and blog comments, will be publicly accessible.

You agree to show proper consideration for other Users’ privacy, including not referencing another User without his or her permission.

Report abuse:

 

You may report any suspected violations of these terms including, copyright infringement, abusive language or inappropriate discussion. To report such violations to Company, you will need to submit a notice to Company at the following email address: info@JustOneClick.net. 

 

Ownership of Content:

 

You, as a User of the Service acknowledge and agree that (i) any User Content will, upon creation and posting, become the sole and exclusive property of Company and (ii) you will not retain any rights in or to the User Content, including any ideas, concepts contained, implied or expressed in the User Content. Further, Company is and shall be, upon creation and posting, the sole and exclusive owner of all right, title and interest throughout the world in and to all User Content, free from all liens and encumbrances, including, all intellectual property rights. Therefore, Company may use such User Content with no limits as regards time, place, manner and format, including by means of its reproduction, distribution, modification, and transformation, including creating derivative works.

 

Indemnification:

 

By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.

 

Privacy:

 

The Company’s practices with respect to the collection and use of data and information is governed by the Company’s Privacy Policy, which is incorporated by reference into this Agreement and may be found at http://www.JustOneClick.net/privacy-policy

Disclaimer of Warranties:

 

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Internet Delays:

 

USE OF THE SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

Limitation of Liability:

 

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITH RESPECT TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF COMPANY AND ITS LICENSORS, AFFILIATES, OFFICERS, DIRECTORS AND AGENTS UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE LESSER OF THE FEES PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CAUSE OF ACTION AND ONE HUNDRED DOLLARS ($100).

 

THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE QUALITY OF THE SERVICES PROVIDED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO ACTIVITIES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.

 

Notice:

 

The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time either by (i) confirmed e-mail to the Company at the following email address: info@JustOneClick.net.

 

Assignment:

 

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of the assets of the business to which this Agreement relates, or (iii) a successor by merger or other change of control transaction. Any purported assignment in violation of this section shall be void.

 

Export Control:

 

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Dispute Resolution:

 

You and Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

 

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to LimeSlice Support) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

 

General:

 

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement and all other applicable terms referred to herein comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.