Terms & Conditions

Please read these Terms closely before using OneClickApp.com (the “Website”).

OneClickApp.com may at any time modify these Terms, and your continued use of this Website and the Services (defined below) will be conditioned upon the terms and conditions in force at the time of your use. Your registration for, or use of, the Services shall be deemed to be your approval and execution of this Agreement including your covenant to abide by the Terms including those related to any materials available on the Website. For reference, a Definitions section is included at the end of these Terms. Capitalized terms not otherwise defined herein have the meaning set forth in that section.

1) Uses & Rights You Grant Us. You agree that your use of the technologies, tools, applications, and products made available from time to time on the Website (as further defined in these Terms and the Website, the “Services”) are used solely in conjunction with the extraction of data from websites you provide us your the login information to. You agree that OneClickApp.com will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.

You are responsible for all activity occurring under your user account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify OneClickApp.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to OneClickApp.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content or infringement of OneClickApp.com Technology that is known or suspected by you or your Users; and (iii) not impersonate another OneClickApp.com user or provide false identity information to gain access to or use the Services.

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to OneClickApp.com through the Services, you are licensing that content to OneClickApp.com for the purpose of providing the Services. OneClickApp.com may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to OneClickApp.com for use for this purpose, without any obligation by OneClickApp.com to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize OneClickApp.com to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you provide us with login information to your licensed third party service, you will be directly connected to the website for the third party you have identified. OneClickApp.com will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit OneClickApp.com to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant OneClickApp.com authorization to act as an agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OneClickApp.com IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, OneClickApp.com IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. OneClickApp.com is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

2) Services. You acknowledge and agree that in order for OneClickApp.com to (among other things) maintain the integrity and dynamic nature of the Services, your use of the Services is subject to these Terms, which may be modified by OneClickApp.com at any time and for any reason.

3) License Grant and Restrictions. OneClickApp.com hereby grants you a non-exclusive, non-transferable, worldwide right and license to use the Services, solely for your own internal purposes, and only for employees on payroll at your contracted store or restaurant, subject to the Terms of this Agreement. All rights not expressly granted to you are reserved by OneClickApp.com and its licensors.

You may not provide your login credentials to any third-party individual and/or business. You may also not misrepresent your personal and/or business information to gain access to the Services OneClickApp.com, except with OneClickApp.com’s prior written consent from C-level executives at OneClickApp to do so. Only approved individuals on the payroll at the location or restaurant contracting OneClickApp's services are allowed to utilize OneClickApp.com’s Services for the purposes intended for workforce management services. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, feature designs, functionality or for any other benchmarking or competitive purposes. You may also not give information or intelligence having to do with OneClickApp to any third party outside of those on payroll at your contracted location, store or restaurant. This also means that you may not be under contract for services with OneClickApp while using it as a model to create a competing application. Any action of this kind is likely to result in serious harm to OneClickApp.com for which you agree that OneClickApp.com will be entitled to immediate injunctive relief together with other legal and equitable remedies.

You shall not (i) license, sublicense, sell, resell, transfer, assign or distribute the Services in any way other than as permitted in writing by OneClickApp.com; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Services or “frame” or “mirror” any content of the Website or the Services on any other server or wireless or Internet-based device; or (iv) modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.

4) Targets; Your Target Website(s). As a service provider, in the event that you have a dispute with a targeted data source (i.e. website or web application) in relation to the use (or misuse) of any of the Services, you release the Website (and OneClickApp.com, and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

5) User Content. The Website allows you and other users to import and use data from websites you grant us access to. This data is referred to herein as “User Content.”

You are solely responsible for User Content and the consequences of OneClickApp.com or any third party importing, posting, publishing, creating new applications based on, and otherwise using such User Content. This content is used by OneClickApp.com to communicate with all users, provide intelligence and usability for Services to work properly to provide shift management, break management, team management, training management and many other features possible and available to run your business in the most efficient way. In connection with any such User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions related to the User Content and its use by you, OneClickApp.com, and any other third party.

6) Legal Disclaimer and Warning. It is up to you to determine the legality of the way you use our Services. OneClickApp.com will never knowingly host any data extraction or data import that is obviously illegal. OneClickApp.com reserves the right to refuse service to anyone wishing to use the Services in an illegal manner.

7) Prohibited Uses. OneClickApp.com strictly prohibits using any OneClickApp.com Services or products: (i) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; or (ii) engage in any action or practice that reflects poorly on OneClickApp.com or otherwise disparages or devalues OneClickApp.com’s reputation or goodwill. Violation of these policies may result in immediate termination of your use of the Services and the Website without notice, and may subject you to state and federal penalties and other legal consequences.

8) Account Information and Data. OneClickApp.com does not claim ownership of any data, information or material that you submit to the Services in the course of using the Services (“Customer Data”) and may not use or disclose Customer Data other than (a) to comply with law or comply with legal process, (b) to protect and defend OneClickApp.com’s rights or the rights of OneClickApp.com’s Customers and third parties, or (c) to avoid liability or the liability of OneClickApp.com Customer’s or third parties. OneClickApp.com may gather and use any information describing the habits, usage patterns or demographics relating to any Customer Data for internal purposes. You, not OneClickApp.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and OneClickApp.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. 

9) Intellectual Property Ownership. OneClickApp.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the OneClickApp.com Technology and the Services in addition to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the OneClickApp.com Technology or the Intellectual Property Rights owned by OneClickApp.com, except as expressly set forth herein. The OneClickApp.com name, the OneClickApp.com logo, and the product names associated with the Services are trademarks of OneClickApp.com or third parties, and no right or license is granted to use them.

10) Termination; Cancellation. You may cancel your subscription at any time with a 30 day written (can be via email) notice, but shall remain active and be immediately charged for your use of the Services up to the date of 30 days after cancellation or through the term of the license contract (or the end of the billing month, and whichever comes later). Any Service provided where there is no contract signed will default to these terms and conditions for an understanding of the terms. Un-cancelled accounts will NOT receive a refund for lack of use. It’s your responsibility to cancel your account before the bill date if you do not want to be charged automatically. No refunds or credits will be given for un-used software usage at time of cancellation. OneClickApp.com may at any time terminate your use of the Services or cancel any subscription(s) or your use of any subscription or license for cause, which includes the issuance of chargeback for amounts rightfully owed by an account holder. Except as set forth above or unless OneClickApp.com has previously canceled or terminated your use of the Services (in which case subsequent notice by OneClickApp.com shall not be required), OneClickApp.com will notify you via email of any such termination or cancellation, which shall be effective immediately. Upon cancellation of any subscription or termination or expiration of this Agreement for any reason, (i) you shall remain responsible for any amount due for subscriptions already delivered through the date such cancellation or termination takes effect, and (ii) the “Prohibited Uses” and each section of these Terms thereafter shall survive expiration or termination. All payments and prepayments for service are non-refundable.

11) Confidentiality. During the term of your use of the Services and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose Confidential Information of the other party to any third party, additionally agrees not to reverse engineer, or create a website or service that duplicates or provides substantially similar functionality of the Services without prior written consent except as provided herein. “Confidential Information” includes (i) Software functionality, data access methods, user interface design elements, business logic, processes, drag and drop user experience, subscription account data, including agent definitions, Customer Data, and User Content, (ii) except as provided in subsection (i) above, any other Services information or access to technology prior to public disclosure provided by OneClickApp.com to you and identified at the time of disclosure in writing as “Confidential.” Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party’s Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority. Nothing in these Terms shall prohibit or limit either party’s use or disclosure of the U.S. Federal income tax treatment and U.S. Federal income tax structure of any transaction contemplated by these Terms and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment or tax structure, except where confidentiality is necessary to comply with applicable federal or state securities laws.

12) Your Marks. You hereby grant OneClickApp.com the limited right to use your trademarks, service marks and other information identifiable to you for the purpose of representing to third parties that you use or have used the Website and/or Services.

13) No Guarantee. OneClickApp.com makes no guarantee regarding the extraction, importation, publishing, storage, or delivery timeliness of data defined within the scope of a subscription.

14) Warranty. OneClickApp.com MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. OneClickApp.com DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES 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 SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT 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 OneClickApp.com.

15) Limitation of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) OneClickApp.com’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO OneClickApp.com BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has agreed to these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

15 A) If you are using our break management feature please note that the settings are fully under your control. It is required that you understand and provide us with all the logic you want to be programmed into our beak management system if you are going to use it. It is your responsibility to also provide us with timely changes so that you are fully compliant with the laws of your state. With the ever-changing employment laws from State to State, OneClick is not responsible and also does not provide legal understanding in the laws of each state, and can not be held liable for any business not following their local law. 

16) Internet Delays. OneClickApp.com’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OneClickApp.com IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

17) Payment, Refunds. You agree to pay all applicable charges under these Terms, including any applicable taxes or charges imposed by any government entity, and that OneClickApp.com may change its pricing at any time. There are no refunds for payments made early or in advance. If you dispute any charge made for your use of the Services, you must notify OneClickApp.com in writing within fifteen (15) days of any such charge; failure to so notify OneClickApp.com shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by OneClickApp.com for purposes of billing. No other measurements or statistics of any kind shall be accepted by OneClickApp.com or have any effect under these Terms.

18) Representations and Warranties. You represent and warrant that (a) all of the information provided by you to OneClickApp.com to use the Services is correct and current and that that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct. It is important to note that when it comes to local, state and labor law tracking and compliance that OneClickApp only programs into your store's system what you request to be programmed to track for your store, local, state, federal, etc. policies & procedures. It is not OneClickApp's responsibilities to keep up with law changes. It is the customer's responsibility to keep OneClickApp updated on what changes you desire to track to breaks per employee, age, etc.

19) Your Obligation to Indemnify. You agree to indemnify, defend and hold OneClickApp.com, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.

20) Miscellaneous. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by OneClickApp.com in collecting unpaid amounts under these Terms. These Terms shall be governed by the laws of the State of Utah, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with these Terms shall be adjudicated in Utah County, Utah. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and any non-OneClickApp.com purchase order, invoice or other document relating to the subject matter hereof and any additional terms contained therein shall be null and void. Each party hereto is duly authorized to enter into and agree to these Terms and perform its obligations hereunder. Any modifications to these Terms must be made in a writing approved by OneClickApp.com and executed by both parties. Unless otherwise expressly set forth herein, any notices shall be sent to (a) in the case of OneClickApp.com: c/o OneClickApp.com 115 South State Street, Suite B Lindon, UT 84042, with a copy to the OneClickApp.com Legal Department; and (b) in your case, to the address then on record with OneClickApp.com for your account. Notice shall be given via (x) confirmed facsimile, with a copy sent via first class or air mail; or (y) overnight courier, and such notice shall be deemed given upon receipt. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of these Terms will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of these Terms, without liability to OneClickApp.com. This Agreement shall be construed as if both parties jointly wrote it.

21) Definitions. As used in this Agreement: “Agreement” means these online Terms and any materials available on the OneClickApp.com website specifically incorporated by reference herein, as such materials, including the Terms of this Agreement, may be updated by OneClickApp.com from time to time in its sole discretion; “Customer Data” means any data, information or material provided or submitted by you to the Services in the course of using the Services; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed or the date you begin using the Services; “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “OneClickApp.com” means collectively OneClickApp.com, a Utah corporation, having its principal place of business at 115 S State St, Ste B, Lindon, UT 84042, USA; “OneClickApp.com Technology” means all of OneClickApp.com’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by OneClickApp.com in providing the Services; “User(s)” means you or your representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied user identifications and passwords by you (or by OneClickApp.com at your request).

OneClickApp.com Messaging Terms & Conditions

The SMS, app messaging & email notification message program is a service of OneClickApp.com. By downloading the app, using the app, or providing cell phone numbers and emails, you agree to receive recurring automated product-specific promotional, training, updates and personalized notifications and marketing text & email messages (e.g., SMS/MMS, email, app messaging, reminders, notifications, subscription, training, updates notices, etc - specific to the app and services rendered) from OneClickApp.com. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give OneClickApp.com permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. OneClickApp.com reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. OneClickApp.com also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. OneClickApp.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the OneClickApp.com messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our OneClickApp.com Terms of Use and OneClickApp.com Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that OneClickApp.com and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from OneClickApp.com through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ONECLICKAPP HAS THE RIGHT TO REMOVE, REVOKE, AND DELETE FULL ACCESS TO THE APPLICATION AT ANY TIME FOR ANY REASON WITHOUT A REFUND, ESPECIALLY IF A FREE OR PAYING CUSTOMER IS FOUND TO BE IN BREACH OF THESE TERMS AND CONDITIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF OneClickApp.com OR ANY PARTY ACTING ON BEHALF OF OneClickApp.com BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO OneClickApp.com HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF OneClickApp.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE OneClickApp.com MESSAGING PROGRAM. OneClickApp.com AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless OneClickApp.com, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from OneClickApp.com or its service providers.

Dispute Resolution

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from OneClickApp.com or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND OneClickApp.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.

Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or OneClickApp.com to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and OneClickApp.com will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

No Class Actions. YOU AND OneClickApp.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OneClickApp.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and OneClickApp.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

No Class Actions. YOU AND OneClickApp.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OneClickApp.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if OneClickApp.com makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to OneClickApp.com’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and OneClickApp.com.

Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms. We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from OneClickApp.com after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and OneClickApp.com concerning the Messaging Program.

Contact Info

Please contact us with any inquiries or concerns at oneclickapp.com Contact Us Page or write to us at: 2701 N. Thanksgiving Way #100
Lehi, UT 84043.