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Website Terms and Conditions

Onemata.com Terms of Use


Thank you for visiting the web site onemata.com. To simplify the language in these Terms of Use, the term “we” or “us” means Onemata Corporation, the operator of the onemata.com web site. “You” means the person visiting or otherwise using the onemata.com web site.

 

Use of the onemata.com web site constitutes agreement to these Terms of Use. We encourage you to review the following information carefully.

 

INTELLECTUAL PROPERTY

Onemata, onemata.com, and other marks indicated on our site are trademarks owned exclusively by us. You are not granted any license or other right to use these names or trademarks.


All content or information on onemata.com (“Content”) is our exclusive property, except where otherwise expressly stated. Said Content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. You are not granted any license or other right to use this Content, except as set forth in the paragraph titled “LICENSE AND SITE ACCESS” below or as permitted under a separate Service and License Agreement. Our Content is protected by United States and international intellectual property laws (including but not limited to patent, copyright, trademark, and trade secret laws) and we reserve all rights provided therein. In case of dispute or infringement, we will vigorously defend our rights to this material.

 

PROTECTING YOUR ACCOUNT

Some portions of the onemata.com web site permit username and passwords to be used. You are responsible for protecting your unique username and password. You may not allow any person or entity to use your account information including your username or password for any reason. You agree to be responsible for all activities performed under your user account. In the event you become aware of or believe there was or is any unauthorized use of your account including your username or password, you must notify us immediately.

 

LICENSE AND SITE ACCESS

We grant you a limited license to access, view, and use (as we permit) the onemata.com web site. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. The onemata.com web site or any portion of the web site may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You are prohibited from using meta tags or any other hidden text utilizing our name or trademarks without our express written consent. Any unauthorized use of the onemata.com web site voids the limited license granted by us.  If you enter into a Service and License Agreement with us for use of the Onemata platform and software, you will be licensed the right to use certain data from within that platform.

 

RULES FOR USE OF ONEMATA.COM

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of onemata.com. Your use of onemata.com and any Content is subject to all applicable United States federal and state law, regulations, statutes, and treaties, as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree that your use of onemata.com and any Content is also subject to the following rules:

  • We reserve the right to edit or delete any Content from onemata.com at any time;
  • You may not create compilations or derivative works of any Content from onemata.com;
  • You may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or terms of use contained in onemata.com;
  • You may not use onemata.com in a manner that violates any applicable state, federal, or foreign law regulating e-mail, facsimile transmissions, or telephone solicitations;
  • You may not interfere or attempt to interfere with the working or functionality of onemata.com; and
  • You understand and agree that we have the right at any time to disclose any information, including any personal information that you disclose, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena.

 

CHILDREN UNDER 13 AND 18

Onemata.com is not directed at children under 13 years old, and we do not knowingly collect information from children under 13 years old. If you are under 13 years of age, you should not use onemata.com for any purpose.  For any residents of California under the age of 18 using onemata.com, we will permit removal of any information submitted upon the user’s request.

 

ERRORS

We make no representation, guarantee, or warranty that onemata.com will be error-free, free of viruses or other harmful elements, or that any defects existing on onemata.com will be corrected. We do not represent or warrant that the information available on or through onemata.com will be complete, correct, accurate, current, timely or otherwise reliable. We may make changes to the features, functionality, or Content of onemata.com at any time.

 

STATEMENT OF PRIVACY

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You may access the Privacy Policy through onemata.com.

 

INDEMNIFICATION

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, and product and service providers (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, damages, costs and expenses including, without limitation, reasonable attorney’s fees and costs, arising out of or related to your use of onemata.com, your activity for and through onemata.com, or your violation of these Terms of Use, the Privacy Policy, or any other legal notices on onemata.com. We reserve the right to hire our own separate legal counsel, at your expense, as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

 

DISCLAIMER

YOUR USE OF ONEMATA.COM IS AT YOUR OWN RISK. THE CONTENT ON ONEMATA.COM IS PROVIDED “AS IS” AND “AS AVAILABLE”.  WE MAKE NO WARRANTIES AS TO THE OPERATION OF ONEMATA.COM OR THE CONTENT CONTAINED THEREIN. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF TITLE, AND ANY WARRANTIES OF NON-INFRINGEMENT, ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN ONEMATA.COM INCLUDING THOSE ARISING OUT OF YOUR USE OF ONEMATA.COM.

 

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER WE NOR ANY OF THE AFFILIATED PARTIES SHALL BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ONEMATA.COM OR FROM THESE TERMS OF USE OR THE PRIVACY POLICY FOR ONEMATA.COM, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH ONEMATA.COM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.

 

WE ARE ONLY PROVIDING ONEMATA.COM BASED ON YOUR AGREEMENT TO THE FOREGOING DISCLAIMERS, WHICH ARE A FUNDAMENTAL PART OF THESE TERMS OF USE.

 

LIMITATION OF LIABILITY

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM ONEMATA.COM, (B) THE UNAVAILABILITY OR INTERRUPTION OF ONEMATA.COM OR ANY FEATURES THEREOF, (C) YOUR USE OF ONEMATA.COM, AND (D) THE CONTENT CONTAINED ON ONEMATA.COM.


LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of onemata.com and the Content on onemata.com.

 

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you.

 

THIRD PARTY MATERIAL

Onemata.com may contain links to web sites of third parties not controlled or operated by us, including those of other private entities and organizations. Please be aware that when you follow a link to another web site, you are then subject to the terms of use and privacy policy of the new web site. Any links are provided solely for your convenience, and we do not endorse the content or operator of any third party web site. Content of third parties, including advertisements and hyperlinks, may appear on onemata.com. We make no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained in any linked third party web site, and you agree that we shall have no liability for any damages or injuries of any kind arising from the content or information on such web site. Such third parties are solely responsible for ensuring that material submitted for inclusion on onemata.com is accurate and complies with applicable laws.

 

APPLICABLE LAW

By visiting onemata.com, you agree that the laws of the State of Colorado, U.S.A., without regard to principles of conflict of laws, will govern these Terms of Use, the Privacy Policy, and any dispute of any sort that might arise between you and us related to onemata.com.  

 

ONEMATA PLATFORM SUBSCRIBERS

If you acquire a license to access and use the Onemata software platform (online, through a mobile app, or in any other manner), you will log into the platform using your account information. This will give you access to additional pages and sections of onemata.com for your own business use. These Terms of Use will continue to apply to your use of the Onemata platform and software through onemata.com, except to the extent conflicting terms are set forth in the Service and License Agreement or other agreement for the platform (the “Service Agreement”), which terms shall control over these Terms of Use in relation to your use of the platform and software.

 

We reserve the right to terminate or suspend your Service Agreement or account or your ability to use or access any section of onemata.com or the software for failure to comply with these Terms of Use, the Privacy Policy, any other legal notices on onemata.com, or your Service Agreement, or for infringing any copyright, trademark, or other intellectual property of ours, or for any other reason whatsoever.


CHANGES IN TERMS

We reserve the right to modify, alter, delete and update these Terms of Use at any time we see fit. These alterations will be posted on this or a similar page on onemata.com. Your continued use of our Web Site constitutes acceptance to any revised Terms of Use. We encourage you to periodically review these terms. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these terms.

 

MISCELLANEOUS

If any provision of these Terms of Use is held, declared, or pronounced void, voidable, invalid, unenforceable or inoperative for any reason, by any court of competent jurisdiction, government authority or otherwise having jurisdiction in an unappealed final decision to which you and we are a party, you and we authorize and request such court or governmental authority to modify the provision held to be void, voidable, invalid, unenforceable or inoperative to contain such lesser covenants that impose the maximum duty permitted by law so that the provision is upheld as valid, and the parties agree to be bound by the modified provision. The holding, declaration or pronouncement shall not affect adversely any other provisions of these Terms of Use, which shall otherwise remain in full force and effect.

 

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of onemata.com.

 

INTERNATIONAL USE

We make no representations that the Content on onemata.com is appropriate or available for use in locations outside of the United States, or whether access to onemata.com and the provision of information through onemata.com from such locations is permitted. Those who choose to use onemata.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

CONTACT US

If you have any questions or suggestions regarding our Terms of Use, please contact us in any of the following ways:

 

            By e-mail:                    info@onemata.com

 

            By telephone:              (303) 223-4308

 

            By mail:                       Onemata Corporation

                                                2420 W 26th Ave

      Denver, Colorado 80211

      Attention: Onemata