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OneMe Terms and Conditions of Service

RESTRICTED LICENSE. TKS SOFTWARE LLC hereinafter referred to as (“OneMe”) hereby grants to Customer a restricted license to use the OneMe Services and any data contained therein, subject to the restrictions and limitations set forth below:

  1. Generally.

    OneMe hereby grants to Customer a restricted license to use the OneMe Services solely for Customer’s own internal business purposes. Customer represents and warrants that all of Customer’s use of the OneMe Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Agreement. Customer shall not use the OneMe Services for marketing purposes or resell or broker the OneMe Services to any third party and shall not use the OneMe Services for personal (non-business) purposes. Customer shall not use the OneMe Services to provide data processing services to third-parties or evaluate the data of or for third-parties. Customer agrees that if OneMe determines or reasonably suspects that Customer is engaging in marketing activities, reselling, brokering or processing or evaluating the data of or for third-parties, or using the OneMe Services for personal (non-business) purposes or using the OneMe Services’ information, programs, computer applications, or data, or is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, OneMe may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the OneMe Services. Customer shall not access the OneMe Services from Internet Protocol addresses located outside of the United States and its territories without OneMe’s prior written approval. Customer may not use the OneMe Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the OneMe Services and information provided therein. OneMe may at any time mask or cease to provide Customer access to any OneMe Services or portions thereof which OneMe may deem, in OneMe’s sole discretion, to be sensitive or restricted information.

  2. Copyrighted and Trademarked Materials.

    Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the OneMe Services. .

  3. Additional Terms.

    Certain materials contained within the OneMe Services are subject to additional obligations and restrictions. To the extent that Customer receives such materials through the OneMe Services, Customer agrees to comply with the General Terms and Conditions for Use of OneMe Services contained at the following website: www.OneMe.co (the “General Terms”). The General Terms are hereby incorporated into this Agreement by reference.

  4. Indemnity.

    Customer shall remain solely liable for all costs associated therewith and shall further reimburse OneMe for any expenses it incurs due to Customer’s failure to prevent such impermissible use or access of User IDs and/or the OneMe Services, or any actions required as a result thereof.

  5. PERFORMANCE.

    OneMe will use commercially reasonable efforts to deliver the OneMe Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the OneMe Services; provided, however, that Customer accepts all information “AS IS.” Customer acknowledges and agrees that OneMe obtains its data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on OneMe for the accuracy or completeness of information supplied through the OneMe Services. Without limiting the foregoing, the criminal record data that may be provided as part of the OneMe Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain OneMe Services which may be otherwise available. OneMe reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of the OneMe Services. In the event that OneMe discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, OneMe may, at OneMe’s sole discretion, issue a prorated credit to Customer’s account. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the OneMe Services’ information, programs or computer applications. Customer acknowledges that OneMe (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the OneMe Services and the data and information that they provide. Customer shall use such materials in a manner consistent with OneMe’s interests and the terms and conditions herein, and shall notify OneMe of any threatened or actual infringement of OneMe’s rights. Notwithstanding anything in this Agreement to the contrary, OneMe or OneMe’s data provider shall own Customer’s search inquiry data used to access the OneMe Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations. Customer and OneMe acknowledge that they each may have access to confidential information of the disclosing party (“Disclosing Party”) relating to the Disclosing Party’s business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of OneMe’s information, product information, pricing information, product development plans, forecasts, data contained in OneMe Services, and other business information (“Confidential Information”). (A) Exclusions. Confidential Information shall not include information that: (i) Is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) Was in the Receiving Party’s possession or known by it prior to receipt from the Disclosing Party; (iii) Was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or (iv) Was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. (B) Trade Secrets. “Trade Secret” shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information. Each receiving party (“Receiving Party”) agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party’s obligations with respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years thereafter, provided however, that with respect Trade Secrets, each party’s obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. WARRANTIES/LIMITATION OF LIABILITY. Neither OneMe, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, OneMe, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “ OneMe”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the OneMe Services) for any loss or injury arising out of or caused in whole or in part by OneMe ‘s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the OneMe Services. If, notwithstanding the foregoing, liability can be imposed on OneMe, then Customer agrees that OneMe’s aggregate liability for any and all losses or injuries arising out of any act or omission of OneMe in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00); and Customer covenants and promises that it will not sue OneMe for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against OneMe. OneMe does not make and hereby disclaims any warranty, express or implied with respect to the OneMe Services. OneMe does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the OneMe Services or information provided therein. In no event shall OneMe be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in OneMe Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. OneMe Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

  6. All Data.

    All Data resident in the OneMe platform belongs to the individual account holder. OneMe does not own or provide data. OneMe provides an information sharing platform. Each account holder explicitly permits sharing of each data field. The data remains property of the account holder unless ownership is explicitly given.

  7. GLBA Data.

    Some of the information contained in the OneMe Services is “nonpublic personal information,” as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.) and related state laws, (collectively, the “GLBA”), and is regulated by the GLBA (“GLBA Data”). Customer shall not obtain and/or use GLBA Data through the OneMe Services, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain OneMe Services and will recertify upon request by OneMe. Customer certifies with respect to GLBA Data received through the OneMe Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA.

  8. DPPA Data.

    Some of the information contained in the OneMe Services is “personal information,” as defined in the Drivers Privacy Protection Act (18 U.S.C. § 2721, et seq.) and related state laws, (collectively, the “DPPA”), and is regulated by the DPPA (“DPPA Data”). Customer shall not obtain and/or use DPPA Data through the OneMe Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain OneMe Services and will recertify upon request by OneMe.

  9. Fair Credit Reporting Act.

    OneMe is not a “consumer reporting agency”. The OneMe Services provided pursuant to this Agreement are not provided by “consumer reporting agencies,” as that term is defined in the Fair Credit Reporting Act, (15 U.S.C. §1681, et seq.), (the “FCRA”), and do not constitute “consumer reports” as that term is defined in the FCRA. (A) OneMe Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. (B) Customer certifies that it will not use any of the information it receives through the OneMe Services to determine, in whole or in part an individual’s eligibility for any of the following products, services or transactions (i) Credit or insurance to be used primarily for personal, family or household purposes; (ii) Employment purposes; (iii) A license or other benefit granted by a government agency; or (iv) Any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account. (C) By way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the OneMe Services for the following purposes, (i) To verify or authenticate an individual’s identity; (ii) To prevent or detect fraud or other unlawful activity; (iii) To locate an individual; (iv) To review the status of a legal proceeding; (v) To collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; or (vi) To determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes. (D) If Customer is using the OneMe Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third-party, Customer shall not use the OneMe Services, (i) To revoke consumer credit; (ii) To accelerate, set or change repayment terms; or (iii) For the purpose of determining a consumer’s eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this section 1 subsection 4, use the OneMe Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer’s debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the OneMe Services to take any “adverse action,” as that term is defined in the FCRA.

  10. MVR Data.

    If Customer is permitted to access Motor Vehicle Records (“MVR Data”) from OneMe, without in any way limiting Customer’s obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change; (A) Customer shall not use any MVR Data provided by OneMe, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (B) As requested by OneMe, Customer shall complete any state forms that OneMe is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (C) OneMe (and certain Third-Party vendors) may conduct reasonable and periodic audits of Customer’s use of MVR Data. Further, in response to any audit, Customer must be able to substantiate the reason for each MVR Data order.

  11. HIPAA.

    Customer represents and warrants that Customer will not provide OneMe with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties.

  12. Social Security and Driver’s License Numbers.

    OneMe may in its sole discretion permit Customer to access QA Data (The term “QA”, also referred to as Qualified Access, allows users to view full Social Security Numbers and full Driver’s License Numbers, as well as other personal identifying information such as name and address.). If Customer is authorized by OneMe to receive QA Data, and Customer obtains QA Data through the OneMe Services, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by OneMe policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Section 2 below, Customer agrees that it will not permit QA Data obtained through the OneMe Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by OneMe. Customer may not, to the extent permitted by the terms of this Agreement, transfer QA Data via email or ftp without OneMe’s prior written consent. However, Customer shall be permitted to transfer such information so long as: a) a secured method (for example, sftp) is used, b) transfer is not to any third-party, and c) such transfer is limited to such use as permitted under this Agreement. OneMe may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer.

  13. National Change of Address Database.

    OneMe or its various data vendors is or maybe a licensee of the United States Postal Service’s NCOALINK database (“NCOA Database”). The information contained in the NCOA Database is regulated by the Privacy Act of 1974 and may be used only to provide a mailing list correction service for lists that will be used for preparation of mailings. If Customer receives all or a portion of the NCOA Database through the OneMe Services, Customer hereby certifies to OneMe that it will not use such information for any other purpose. Prior to obtaining or using information from the NCOA Database, Customer agrees to complete, execute and submit to OneMe the NCOA Processing Acknowledgement Form.

  14. Retention of Records.

    For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 1 subsections 2, 3 and 5, Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data.

  15. Copyrighted and Trademarked Materials.

    Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the OneMe Services. .

  16. Additional Terms.

    Certain materials contained within the OneMe Services are subject to additional obligations and restrictions. Without limitation, these services include news, business information (e.g., Dun & Bradstreet reports), and federal legislative and regulatory materials. To the extent that Customer receives such materials through the OneMe Services, Customer agrees to comply with the General Terms and Conditions for Use of OneMe Services contained at the following website: www.OneMe.co (the “General Terms”). The General Terms are hereby incorporated into this Agreement by reference.

INDEMNIFICATION.

  1. Indemnification, Customer.

    Customer hereby agrees to protect, indemnify, defend, and hold harmless OneMe from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in any way related to (a) use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through OneMe; (b) breach of any terms, conditions, representations or certifications in this Agreement; and (c) any Security Event outlined in Section 2.

  2. Indemnification, OneMe.

    OneMe hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in connection with any third-party claim that the OneMe Services or data contained therein, when used in accordance with this Agreement, infringe a United States patent or United States registered copyright, subject to the following; (A) Customer must promptly give written notice of any claim to OneMe; (B)Customer must provide any assistance which OneMe may reasonably request for the defense of the claim; and (C) OneMe has the right to control the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense.

  3. Indemnity Limitations.

    Notwithstanding the foregoing, OneMe will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from; (A) Customer’s misuse of the OneMe Services; (B) Customer’s failure to use any corrections made available by OneMe; (C) Customer’s use of the OneMe Services in combination with any product or information not provided or authorized in writing by OneMe; or (D) Any information, direction, specification or materials provided by Customer or any third-party.

  4. Injunction.

    If an injunction or order is issued restricting the use or distribution of any part of the OneMe Services, or if OneMe determines that any part of the OneMe Services is likely to become the subject of a claim of infringement or violation of any proprietary right of any third-party, OneMe may in its sole discretion and at its option; (i) Procure for Customer the right to continue using the OneMe Services; (ii) Replace or modify the OneMe Services so that they become non-infringing, provided such modification or replacement does not materially alter or affect the use or operation of the OneMe Services; or (iii) Terminate this Agreement and refund any fees relating to the future use of the OneMe Services. The foregoing remedies constitute Customer’s sole and exclusive remedies and OneMe’s entire liability with respect to infringement claims or actions.

REFUNDS

  1. Use of a partial month of service constitutes an entire month of service
  2. Upon cancellation your service will continue to be available until the end of the billing cycle
  3. OneMe will not refund any portion of the monthly subscription fee

General

  1. AUDIT.

    Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements, this Agreement, and OneMe’s obligations under its contracts with its data providers and OneMe’s internal policies, OneMe may conduct periodic reviews of Customer’s use of the OneMe Services and may, upon reasonable notice, audit Customer’s records, processes and procedures related to Customer’s use, storage and disposal of OneMe Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by OneMe will be subject to immediate action including, but not limited to, suspension or termination of the license to use the OneMe Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

  2. SURVIVAL OF AGREEMENT.

    Provisions hereof related to release of claims; indemnification; use and protection of information, data and OneMe Services; payment for the OneMe Services; audit; OneMe’s use and ownership of Customer’s search inquiry data; disclaimer of warranties; security; customer data and governing law shall survive any termination of the license to use the OneMe Services.

  3. ATTORNEYS’ FEES.

    Any action, claim or lawsuit brought pursuant to this Agreement entitles OneMe to payment of all attorneys’ fees and costs expended in association with such action, claim or lawsuit and shall include legal fees expended by in-house counsel for OneMe.

  4. TAXES.

    The charges for all OneMe Services are exclusive of any state, local, or otherwise applicable sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Customer’s account.

  5. PRICING SCHEDULE.

    Customer agrees to pay OneMe for the services under this agreement in accordance with the prices as may be posted next to each search or report when the Customer logs in to use the service. Prices may be updated from time to time through online announcements, customer bulletins and published pricing lists. OneMe is not responsible for ensuring delivery of such updates, changes, additions, or deletions to any of its pricing policies or plans that may occur from time to time and its Customers responsibility to check the OneMe website for updates. All current and future pricing documents are deemed incorporated herein as reference.

  6. RELATIONSHIP OF PARTIES.

    None of the parties shall, at any time, represent that it is the authorized agent or representative of the other.

  7. CHANGE IN AGREEMENT.

    By receipt of the OneMe Services, Customer agrees to, and shall comply with, changes to the Restricted License granted Customer in Section 1 herein, changes in pricing, and changes to other provisions of this Agreement as OneMe shall make from time to time by notice to Customer via e-mail, online “click wrap” amendments, facsimile, mail, invoice announcements, or other written notification. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section, unless stated otherwise in this Agreement. OneMe may, at any time, impose restrictions and/or prohibitions on the Customer’s use of the OneMe Services or certain data. Customer understands that such restrictions or changes in access may be the result of a modification in OneMe policy, a modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the interpretation thereof. Upon written notification by OneMe of such restrictions, Customer agrees to comply with such restrictions.

  8. FORCE MAJEURE.

    The parties will not incur any liability to each other or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement (except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions.

  9. ENTIRE AGREEMENT.

    Except as otherwise provided herein, this Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the OneMe Services and all matters within the scope of this Agreement. Without limiting the foregoing, the provisions related to confidentiality and exchange of information contained in this Agreement shall, with respect to the OneMe Services and all matters within the scope of this Agreement, supersede any separate non-disclosure agreement that is or may in the future be entered into by the parties hereto. Any new, other, or different terms supplied by the Customer beyond the terms contained herein, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by OneMe unless OneMe agrees to them in a signed writing specifically including those new, other, or different terms. The terms contained herein shall supersede and govern in the event of a conflict between these terms and any new, other, or different terms in any other writing. This Agreement can be executed in counterparts and faxed or electronic signatures will be deemed originals.

  10. MISCELLANEOUS.

    If any provision of this Agreement or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are inserted for reference and convenience only and shall not enter into the interpretation hereof.

  11. DATA OWNERSHIP AND USE LIMITATIONS:

    OneMe may, from time to time, impose restrictions on the use of the Services as a result of changes in the law, limitations placed on OneMe from third parties or otherwise, which may limited User’s access to some or all of the data. User Login information may not be shared. Customer accounts will be locked without warning when OneMe has cause to believe that login information has been shared, enabling more than one individual to make concurrent use of the account. (A) Unauthorized Data Compilation. Customer acknowledges that it will not use any manual or automated software, devices, or other automated processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like, other than the search engine available as part of the Services) to “scrape” or download data from any web pages contained in the Service. Any attempt to “scrape or download data is strictly prohibited. (B) Intellectual Property. Customer acknowledges that OneMe and/or third parties retain all right, title and interest under applicable copyright and other laws in the databases and materials contained therein, used to provide Services hereunder, and Customer shall use such materials consistent with such right, title and interest and notify OneMe of any threatened or actual infringement or misappropriation. (C) Use Limitations. Customer further acknowledges that this Agreement grants Customer a limited license during the term of this Agreement, to use the data for its own business purposes, without right to sub-license, in exchange for payment of fees and charges set forth in this agreement. Customer shall not resell, reproduce, retransmit, publish or otherwise transfer for commercial exploitation any information that Customer receives from Services. Customer shall not use any information received from the Service for any purpose considered by OneMe or third parties as solicitation or marketing for goods or services. Customer acknowledges that OneMe maintains records of access to the Services in order to comply with State and Federal law, and with the requirements of third parties, and that in certain limited circumstances OneMe may be required to disclose that Customer accessed certain data in order to meet these requirements. OneMe will, from time to time, in the ordinary course of business, in order to fulfill its compliance obligations, routinely and randomly audit, through a variety of means, the use of information obtained by Customer from OneMe. Customer agrees to provide to OneMe such access or documentation as OneMe deems necessary to perform such audits in order to verify the legitimacy of a request for non-public and public information. OneMe shall protect the confidentiality of all information obtained through such audits. Customer acknowledges that failure to provide such access or documentation may result in immediate restriction of access or other remedies.

  12. TERMINATION.

    This Agreement may be terminated by OneMe at any time, with or without notice or cause. Violation by Customer of state or federal laws or OneMe or Third Parties’ established policies and procedures may result in immediate termination of this Agreement at OneMe’ sole discretion. Provisions hereof related to indemnification, use of information and data, limitations of liability, payment for Services and disclaimer of warranties shall survive any termination of this Agreement. Customer may terminate this Agreement by submitting a cancellation letter and payment in full.

  13. GOVERNING LAW.

    This Agreement shall be interpreted in accordance with the laws of the State of Texas, without regards to its conflict of law principles. Customer expressly agrees to submit to the jurisdiction state and federal courts in Texas, and not to assert any claim of forum non conveniens with respect to such submission.

  14. NO ASSIGNMENT

    This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Customer shall not assign this Agreement (or any part thereof) without the prior written consent of OneMe. Any attempt to transfer or assign this Agreement except as expressly authorized will be null and void. Customer agrees that in the event of any reorganization, sale of all or substantially all its assets or voting securities, or any change of control “Change of Control” that (a) Customer will notify OneMe within ten (10) days and (b) the Change of Control will not extinguish any right of OneMe to payment or any obligation of Customer with respect to the Service

  15. Intended for users over 18:

    We do not knowingly collect personal information from children under the age of 18. If we learn that we have personal information on a child under the age of 18, we will delete that information from our systems.

  16. Database use and legal compliance:

    Licensee agrees to use the data in a manner that strictly complies with all applicable state, federal, and international laws. This includes, but is not limited to, the Can Spam Act of 2003; the federal and state Do Not Call List; and with the provisions of the Federal Trade Commission’s amended Telemarketing Sales Rule, 16 CFR Part 310, or the Federal Communications Commission’s Rule and Regulations Implementing the Telephone Consumer Protection Act of 1991, 47 CFR Section 64.1200. In addition, the Licensee shall not use the name of OneMe LLC DBA OneMe.co our URL, http://www.OneMe.co, or any of the email addresses in the emails and auto responders that are used for sending out messages. The responsibility lies with the licensee for the marketing materials that are sent out, not OneMe.co.

  17. Database Information Refund Policy

    OneMe does not sell data. OneMe charges for maintaining the information sharing platform. Any compensation for data is between the data recipient and the data provider. All sales on services such as advertising message delivery and notifications are final and no refunds will be given. OneMe.co takes no responsibility for any misuse of such information once it has been shared with the explicit consent of the information owner. It is the sole responsibility of the purchaser to comply with all laws applicable.

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