Terms of Services

/Terms of Services
Terms of Services2018-11-05T18:18:25+00:00

Terms of Service

Please read these Terms of Service. By using or accessing the content of this website or any forms of the site including but not limited to any Mobile Websites, Web Applications, or Native Applications produced by One Card LLC, the accessor of said content, hereafter referred to as the User, are agreeing to be bound by our terms and conditions described herein these terms set before them. If the User does not agree with these following terms and conditions they may not use our site. These Terms of Service only apply in the access or use of the website of https://onecardme.com, and any of their sub domains or domains of such entity of One Card, our DBA (Doing Business As) name. These terms also apply to any domain or subdomains of the corporation of One Card LLC. These terms will be more fully described below. Violation of these terms and their consequences will be described in the section, Violation of Terms, with the understanding One Card reserves the right to terminate service(s) at any time for any individually or business entity, User, using or accessing our services and our websites. One Card may, at its sole discretion, revise the Terms of Service at any time, These revised Terms of Service will take effect for all users immediately after upon posting on any of our sites or where Terms of Service are visible for users of One Card. The User(s) waive any right to receive notifications of any kind about said changes or modification to the Terms and Service. The User should consult the Terms of Service on a regular basis. The continued use of One Card subsets confirms the acceptance of any the changes or modification made to the Terms of Service. If the User does not agree to the amended Terms of Service, they must stop using our site.

Definitions of Terms Used

User – The accessor of content hosted and/or provided by One Card L.L.C

One Card LLC – The Operating Name of One Card L.L.C.

One Card™ – A service offered by One Card L.L.C.

One Card Service(s) – Service(s) and website(s) offered by One Card L.L.C.

Admin Portal – An administration application used to manage the One Card™

One Card™ Holder – A subscriber to the One Card™ offered by One Card L.L.C.

Authorized User – A user granted access to a One Card™ properly, through the Admin Portal

Explanation of Services

The service(s) of One Card include One Card™, defined as a cross-platform application powered by web services – hereafter referred to as One Card™ (One Card™ Lite and One Card™ Pro as referred to in marketing and other material by One Card is ambiguous with One Card™ in relation to all Terms of Services outlined in this document, with the exception of Service Subscriptions in which only the latter, One Card™ Pro is applicable to.), the administration application that is used to manage and set up the One Card™ – hereafter referred to as Admin Portal. The One Card™ and Admin Portal may also be hereafter referred to as One Card Service(s). (Explanations are subject to change at One Card’s discretion). It will be known that the “One Card™ Holder” hereafter refers to a subscriber (paid or otherwise) of a One Card™ or Authorized User of a One Card™. (One Card™ Holder in no way denotes possession or ownership of the One card™ or any of it’s copyrighted code.) We also may provide educationally content and promotional material for One Card™ on our websites, which is intellectual property that is protected – hereafter referred to as One Card Content. (One Card is under not obligations to provide such content.) Free customer service and tech support MAY be offered between the hours of 9:00am – 7:00pm CST Monday – Friday. If a One Card™ Holder abuses said service or support it may be grounds for termination. (Abuse will be defined at the discretion of One Card and may include phone calls in excess of 10 hrs within a week period.) Billable support MAY also be offered at One Card’s discretion for the setup and management of a One Card.

License

The User is granted a limited, non-sub-licensable license to the access and use of a One Card™ and the Admin Portal, in-connection with, the authorized creation and use of a One Card™. The One Card™ and the Admin Portal are licensed from the owner One Card a DBA (Doing Business As) of One Card LLC., a Missouri Company with a mailing address of PO Box 287 Willard, MO 65781, subject to the Users acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of One Card Service(s); (b) modifying or otherwise making any derivative uses of the One Card Service(s), or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than for the purpose of page caching) of any portion of the One Card Service(s) except as expressly permitted on the Site; or (e) any use of the Site or the One Card Service(s) other than for its intended purpose. Any use of the One Card Service(s) or the Site Materials other than as specifically authorized herein, without the prior written permission of One Card, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Limitation of Liability

The One Card™ Holder assume all responsibility for what they achieve and intended results thereof, and for the setup of the One Card™. Use, and lack of results obtained therefrom are the sole responsibility of the One Card™ Holder. One Card reserves the right to modify, suspend, or discontinue One Card Service(s) without notice at any time and without any liability to the One Card.

One Card will not be held in any way, finically, legally, or otherwise, liable for incorrect changes made to a One Card™ whether by the One Card™ Holder, Authorized User, Employees of One Card, or Unauthorized Users. One Card will also not be held in any way, finically, legally, or otherwise, liable for service outages preventing access to the One Card™, email services, and/or content provided by One Card.

One Card reserves the right to access any, and all information stored on One Card’s servers at our sole discretion without notification to the One Card™ Holder.

The User must be at least 17 years of age to create an account and to use One Card Service(s). By registering, the User represents and warranties to us that they are 17 years of age or over. Should One Card be notified or otherwise become aware that the User is under 17 years of age, One Card reserves the right to terminate the account and this license and to refuse service to the User at any time with or without notice.

One Card reserves the right to refuse service to anyone at any time with or without notice for any reason.

Intellectual Property Rights

The User agrees that One Card owns all rights, titles, and interests (including without limitation, all intellectual property rights) of all One Card Service(s) and website(s) as well as content on the One Card website and/or One Card Service(s) not posted by One Card™ Holders or Users. One Card Service(s) and website(s) are protected by United States of America and international intellectual property laws. Accordingly, the User agrees that they will not copy, reproduce, alter, modify, or create derivative works from the One Card Service(s) or website(s). The User also agrees that they will not use any robot, spider, other automated device or manual process to monitor or copy any content from the One Card Service(s) or website(s).

Copyright

All content and other material on the One Card Service(s) and website(s) is the proprietary property of One Card or its licensors or users and is protected by United States of America and international copyright laws. All rights not expressly granted in these terms are expressly reserved. The decision by One Card not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.

Trademark

One Card™, the One Card™ logo, and any other product or service name or slogan contained on One Card Service(s) are trademarks of One Card , and may not be copied, imitated, or used, in whole or in part, without the prior written permission of One Card or the applicable trademark holder. The User may not use any metatags or any other “hidden text” utilizing “One Card”, or any other name, trademark or product or service name of One Card without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of One Card and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on One Card Service(s) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Product Options

One Card currently offers the One Card™ at two different options, (a) One Card™ Lite, being a limited version of the One Card™, offering digital contact information accessible through the One Card Services free of charge. (b) One Card™ Pro, being the complete offering of the One Card™ without limitations, accessible through the One Card Services at a subscription rate as outlined in Service Subscriptions. The availability of features available in the One Card™ Lite and One Card™ Pro products are subject to changes and availability without prior notice to the subscribers.

Service Subscriptions

One Card’s paid subscription offerings currently include, (a) One Card Service(s) at a month to month rate payable by automatic recurring monthly payments, (b) One Card Service(s) at a yearly rate with a one year agreement. The One Card™ Holder agrees that One Card may automatically charge the fee to the Payment Method at the beginning of each billing cycle. For example, if the One Card™ Holder choose a One Card Service(s) with a month to month rate, they will be billed every month on the anniversary date of the initial purchase.

Billing and Commitments

The service agreement begins the day that One Card makes active the One Card Service(s) for the One Card™ holder and continues through the length of the commitment. Service Commitments will not be required unless specifically stated at the time of sale. The standard service commitment is for a 12 month period unless otherwise differently stated in a written signed agreement. Pricing will be set for the term of the commitment based on the current publicly established rates at the time of the initial sign up unless otherwise stated in a written signed agreement. Introductory discounts may be applied to the first payment collected, in which case the established rate for the duration of the commitment will be based on the second payment collected. One Card Service(s) are a pre-paid service, meaning upon commitment to this agreement the One Card™ Holder will be charged for One Card Service(s) paying ahead for each billing cycle based upon the agreement and subscription package the One Card Holder has selected. The One Card Holder agrees that unless prior notice is given, at the end of the Service Commitment if applicable, the agreement will automatically renew for the length of the original commitment following the same billing cycle current established at the current publicly established rates for One Card Service(s) at time of renewal unless differently established In a written signed contract. Prior noticed shall be defined as a notice of cancellation by email or physical mail, post dated 15 days before the renewal date. The One Card Holder agrees that One Card retains the right to initiate an early termination of the service agreement (applying any applicable prorated refunds at One Card’s discretion). One Card also retains the right to modify any existing service commitment agreements to a non-commitment agreement subject to the current publicly established prices for One Card Service(s) upon each billing cycle.

Payment Method

The One Card™ Holder is responsible for paying all fees and applicable taxes associated with One Card Service(s). The One Card™ Holder authorizes One Card to charge the One Card™ Holder’s valid payment method, including but not limited to credit card, charge card, debit card, PayPal, or financial institution account (herein referred to as “Payment Method”) for all charges to the accounts with One Card. The One Card™ Holder’s Payment Method will be charged the currently established rate set by contract or publicly established rates for the One Card Service(s) on the signup and billing cycle renewal date. A billing cycle will be established on signup date and have a length of time established based on the current subscribed services. Change in existing One Card Service(s) will be prorated to match the existing billing cycle. Unless otherwise stated, any fees charged to the One Card™ Holder account are non-refundable. (Accounts with automatically drafted payments will receive an invoice receipt verifying successful payment, subject to communication policies.)

Financial Information

The One Card™ Holder acknowledges and agrees that any related account, billing, and payment information that is provided to One Card may be securely stored and shared by One Card with companies who work on One Card’s behalf, such as payment processors and/or credit agencies, solely for the purpose of; credit checks, payment collection, and servicing of accounts. Payment terms may be subject to additional agreements between the One Card™ Holder and the Financial Institution providing/servicing said Payment Method. The One Card™ Holder agrees to pay One Card all charges incurred on their account for any of One Card Service(s) in which the One Card™ Holder or any Authorized Users of the account, enrolls in. The One Card™ Holder agrees that One Card can not be held liable for any problem with the payment process or situation that may arise from a mistake that may occur with One Card’s merchant services or the One Card™ Holders Financial Institution in regards to, identity theft, Stolen funds or being over charged.

Payment Failure & Dispute of Charges

If the One Card™ Holder’s Payment Method fails or the account is past due the following actions will be effected; (a) the One Card™ Holder by default agrees to pay all amounts due on the account upon demand and will become liable for any fees associated with the collation of the amount due. (b) One Card may collect fees owed using other collection mechanisms. This may include but is not limited to charging other payment methods on file. (c) One Card reserves the right to either suspend or terminate One Card Service(s). The One Card™ Holder agrees to submit any disputes regarding charge(s) to their account in writing to One Card at the email address of support@onecardme.copm within thirty (30) days of said charge, otherwise such dispute will be waived and said charge will be final and not subject to challenge. Refunds, if any, made pursuant to such dispute, are at the discretion of One Card. Payment failure may result in immediate expiration of the account and/or any related One Cards™. Failure to provide One Card with valid information at all times may result in the immediate expiration of the account and/or any related One Cards™.

Change in Services

If applicable, the One Card™ Holder may at any time during their commitment, if applicable, add or increase One Card Service(s). Increase in One Card Service(s) will constitute a new agreement and acceptance of One Card’s Terms and Conditions superseding any previous agreements unless contractually stated otherwise and signed by both parties. When increasing One Card Service(s) the One Card™ Holder’s current Payment Method will be charged a prorated amount covering from the increase date through to the billing cycle renewal date, at which time the full amount based on the current subscription will be billed at each billing cycles renewal date. Each of One Card Service(s) has its own commitment length independent of the others. Meaning, if 6 months into a commitment, if applicable, the One Card™ Holder chooses to increase their One Card Service(s) the added services will have a commitment length equal to the full amount specified in the subscription package.

Cancellation

At any time during service a One Card™ Holder may request an automatic cancelation of services at the end of the current billing cycle. Early cancelations on a prepaid service commitment will not constitute a refund for unused services. One Card may at its sole discretion choose to refund an amount equal to the remainder of the unused services at the publicly established rate at the time of sign up. An issued refund does not constitute or guarantee refunds in future cases.

The One Card™ Holder agrees and acknowledges that One Card retains the right to cancel a One Card™ Holder’s One Card Service(s) partially or in its entirety at any time for any reason or no reason at One Card ’s sole discretion.

Upon cancellation of One Card Service(s) the One Card™ Holder will, at One Card’s discretion, retain access to their account and all information hosted and accessible therein. One Card reservers the right to take offline, any and all unused accounts (accounts with no active subscriptions) at any time for any reason.

Account Termination

A One Card™ Holder’s account, including any subscriptions associated with that account, may be subject to immediate termination upon violation of these Terms and Conditions. Reasons for immediate termination include without limitation; (a) violations of copyrighted, trademarked, or otherwise protect material without express permission from the owner, (b) invalid payment information associate with the account, (c) uploading/posting of illegal or publicly inappropriate material, and (d) use of the One Card™ and One Card Service(s) that are in violation or contradiction with these Terms of Service. One Card reserves the right to cancel any account, including any subscriptions associated with that account, at any time with or without reason.

Upon termination, the One Card™ Holder will loose access and forfeit all content uploaded and/or posted to One Card’s servers and the One Card Service(s).

Account termination does not entitle the One Card™ Holder to any refunds or compensations for services unused. Refund may be given out a One Card’s sole discretion for any reason or without reason.

Taxes

The One Card™ Holder is responsible for paying any governmental taxes imposed on their use of One Card , including, but not limited to, sales, use, or value added taxes. If requested, the One Card™ Holder will promptly furnish to One Card the applicable receipts. To the extent that One Card is obligated to collect such taxes, the applicable tax will be added to their billing account.

Communication

One Card may in-list the following methods to communicate with the One Card™ Holder. Communication methods includes without limitation, email, phone call, and physical mail. The One Card™ Holder agrees and acknowledges that One Card is under not obligation or requirement to make an effort to contact the One Card™ Holder nor is One Card liable for any inability to contact the One Card™Holder if they have not included valid contact information with their account.

One Card™ Holder

One Card enables users to create One Cards™ that are hosted by One Card. One Card does not approve or control a One Card™ Holder and does not review or monitor the One Card™ Holder on a regular basis. In addition, the User understands and acknowledge that their business interactions, communication, or any other types interactions with any One Card™ Holders and any terms, conditions, warranties or representations associated with such interactions are only between them and the One Card™ Holder. THEREFORE, THE USER ACKNOWLEDGE AND AGREES THAT One Card IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY One Card™ Holder OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY One Card™ Holder. The hosting of One Card™ Holder does not imply endorsement or sponsorship by One Card or any association or affiliation with its operators or the content, business or operation of the One Card™ Holder. The User agrees that if they create a One Card™, they may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with One Card. THE USER USES AND INTERACTS WITH One Card™ Holders AT THEIR OWN RISK. Users may not use the name, logo or other trademarks of One Card to imply any sponsorship, affiliation or relationship between them and One Card other than that One Card is hosting their One Card. The One Card™ Holder also acknowledges that if the One Card website or their One Card™ has interruption of service One Card can not be held liable.Also, all content on the the One Card™ Holder’s One Card™ can be accessed by the public and if the One Card™ Holder wishes to keep their information private the One Card™ Holder is obligated to not put their information on their One Card.

Login Information

To gain access to Admin Portal, the One Card™ Holder will create a user account, and will be required to register a User ID and Password with One Card. The User ID and Password may only be used by the One Card™ Holder or Authorized User. The One Card™ Holder will be liable and responsible for all activities occurring on their account and for keeping their password secure.

Authorized Users

Authorized Users are subject to the same agreements made between One Card and the One Card™ Holder. The One Card™ Holder is subject to charges, changes, and ramifications of actions made by Authorized Users of the One Card™ Holder’s One Card Service(s). The One Card™ Holder will be provided with a method to manage, add/remove, Authorized Users of their One Card Service(s) (if applicable) and are responsible for the management of their Authorized Users.

Hosting and Url’s

As part of the One Card Service(s), One Card offers registered One Card™ Holders free use of the unique url specific to their One Card™ (example: www.onecardme.com/sample) and One Card managed hosting of their One Card™ on which the terms set forth herein for the One Card™ Holder. One Card retains all rights to said Url’s and Hosting and has the right to rename, revoke or suspend the use of any url at any time without reason.

The One Card™ Holder agrees that all such Url’s are owned by One Card, are nontransferable and that One Card may for any reason, or for no reason, in its sole discretion and without warning or liability to the One Card™ Holder or any third party, immediately terminate or suspend the One Card™ Holders account, username, and One Card URL, and remove or discard any content associated with said account and username.

Links to Third Party Sites

One Card™ Holder’s accounts may contain links to third party web sites, including third party text, video feeds, podcasts, offers and promotions, and software applications (including widgets) and other types of linked sites. The Linked Sites and third parties are not under the control of and/or owned by One Card and One Card is not responsible or liable for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. One Card is not responsible or liable for any other form of communication received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. One Card is providing the ability to create these links only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. In conclusion any link does not imply endorsement by One Card of the site or any association with its operators. The One Card™ Holder acknowledges and agrees that One Card may disable their use of, or remove any third party linked sites on their One Card™ if they violate these Terms.

Also, One Card uses external components provided by a third party to provide some level of functionality. This functionality makes One Card dependent on some the external component; or One Card may be completely dependent on the external component for some operation. In any case, One Card makes no warranties, claims, or provision for any third party components.

The One Card™ Holder is responsible for making any and all needed licensing arrangements with any third party external component providers that are on their One Card.

User Conduct

The One Card™ Holder and users agree that they are responsible for the use of the One Card™ and any services of One Card. Therefor, the One Card™ Holder and Users, Authorized or UnAuthorized),and only the One Card™ Holder and Users, Authorized or UnAuthorized, will be held liable for any action using One Card services that would violate any local, state, national, international laws, codes, rules, and regulations that could have legal or monetary consequences. The One Card™ Holder and Users, Authorized or UnAuthorized, also agrees they will use the One Card Service(s) in compliance with the rules set forth in these Terms of Service (especially in-regard to the content policy below).

As a condition of using One Card Services, the One Card™ Holder and Users, Authorized or UnAuthorized, agrees that they will not use the One Card™ in an unlawful or prohibited way described in the Terms of Service. One Card™ Holder and Users, Authorized or UnAuthorized, agrees not copy or steal any part of the code or coding use to create One Card Service(s). Unauthorized use of any copy written content and any Unauthorized use thereof will merit legal repercussions. The One Card™ Holder and Users, Authorized or UnAuthorized, agrees that legal fess incurred by One Card due to any action take by said persons that results in legal action having to be taken by One Card will be paid for by said persons.

One Card does not routinely monitor One Card™ Holder’s content and takes no responsibility for One Card™ Holder’s content. This including without limitation, any viruses or other disabling parts of their content. One Card only provides access to and hosts such content as a service to One Card™ Holder’s. One Card does not endorse, support, represent or guarantee the truthfulness, security, legality, quality, accuracy, functionality, or reliability of any communications or content posted by One Card™ Holder’s or endorse any opinions expressed by the One Card™ Holders. The User agrees that any belief in material posted on a One Card™ Holder’s card will be at their own risk.

The user and One Card™ Holder agree to the terms set in the (User Content Policy, Cancellation Policy, Privacy Policy, Merchant Services Policy). Also One Card reserves the right at all times to disclose any information necessary to (a) appease any applicable law, regulation, legal process or governmental request, (b) Carry out these Terms, (c) find, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of One Card, One Card™ Holder’s or Users.

Managers and employees are not authorized One Card spokespersons, and their views do not necessarily reflect those of One Card ’s.

Hosted Content

One Card does not wish to censor the Content of the One Card™ Holder. Also, One Card is not obligated and does not routinely screen or monitor any user content. However It is important to understand that One Card reserves the right at all times to do so and to remove, block access to, or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason at its sole discretion. The One Card™ Holder understands and agrees if copyright material or content is used it is their responsibility and duty to follow the laws regarding such material or content. If any consequence should occur from improper use of such copyrighted material or content it is the sole responsibility and liability of the One Card™ Holder. The decision by One Card not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.

Violations of Terms

One Card reserves the right to terminate access to One Card™ Holder’s to the Admin Portal, and remove or disable access to their One Card™, at any time without notice for any reason whatsoever (or for no reason). Also the User and One Card™ Holder agree that if the Terms of Services are violated that One Card reservers the right to cancel services or take further legal action if necessary.

Indemnification

The User agrees to hold harmless and indemnify One Card and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to their use of the One Card Service(s) and One Card website, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to non-binding arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Springfield, Missouri, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Missouri to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.

Conclusion

This Agreement contains the final and entire agreement between the User and One Card L.L.C. regarding their use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding their use of the Service. One Card LLC may discontinue or change the Service, or the availability thereof to the User, at any time. This Agreement is personal to the User, which means that the User may not assign their rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. The User agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Missouri, applicable to contracts made entirely within Missouri and wholly performed in Missouri, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Springfield, Missouri. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.