The Terms you see below are important because they:
3. USE OF SOFTWARE. We may make certain software available to you from the Sites. The Sites, the Service, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, non-commercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When using the Software, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Software is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. OUR RIGHT TO USE YOUR CONTENT. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
7. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Sites or Service user who is found to have infringed on the rights of us or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent:
One Planet Group LLC
Attn: Legal Department
1820 Bonanza Street, Walnut Creek, CA 94596
8. ALLEGED VIOLATIONS AND PROHIBITED USE. You acknowledge and agree that your use of the Sites is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect content from any of the Sites via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use the Sites to recreate or compete with the Sites, to solicit or harass our advertisers or partners, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to One Planet for any such damages, and will indemnify One Planet in the event of any claims against any of One Planet based on or arising from your violation of the foregoing. We reserve the right to terminate your use of the Service and/or the Sites. To ensure that we provide a high quality experience for you and for other users of the Sites and the Service, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sites or the Service. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Sites immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished us with false or misleading information, or interfered with the use of the Sites or the Service by others.
9. DISPUTE RESOLUTION. Through our Service, we may connect you with a service professional (“Service Professional”) such as a car dealer. You acknowledge and agree that One Planet cannot guarantee work performed by a Service Professional, and we have no obligation to remedy any conflict between you and a Service Professional. You agree that One Planet and its subsidiaries are not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. You agree that it is your duty to check the license(s) of any Service Professional before entering into a business relationship.
10. CALL RECORDING. You acknowledge and agree that One Planet and its subsidiaries may monitor and/or record any telephone calls between you and One Planet.
11. TCPA CONSENT. Upon using the Sites, you will be prompted to disclose certain information about yourself and your service requirements. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us, our affiliates, our advertisers, and/or by our Service Professionals, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our website(s), to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You understand and consent that either the Sites, our affiliates (including our corporate partners), our advertisers and/or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to contact you. Your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with One Planet Group LLC, our affiliates, our advertisers and/or a Service Professional and thus agree to be contacted by One Planet, our affiliates (including our corporate partners), our advertisers, and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or if One Planet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, One Planet has the right to refuse any current or future use of the One Planet Services (or any portion thereof) by you. You are responsible for any use of the One Planet Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from One Planet at any time. You also acknowledge that One Planet or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. One Planet and its service provider(s) may receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages.
12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITES, SERVICES AND SOFTWARE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITES, THE SOFTWARE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, SERVICES OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES, SOFTWARE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SOFTWARE, THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. THE LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
14. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet websites may be linked with our Sites. Because neither we nor our Sites have control over the content and performance of these partner and affiliate websites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of our Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
15. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Sites, the Software and the Service. You are prohibited from violating or attempting to violate any security features of the Sites, the Software, or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Software, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites, the Software, or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites, the Software, or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Software or Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Sites, the Software or the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify, defend, and hold harmless One Planet Group LLC, its subsidiaries and sister entities, and its subsidiaries, affiliates, officers, directors, employees, consultants, agents, representatives and any partners from any and all claims, demands, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of these Sites, the Software, or its Services, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity, or any dispute between you and a Service Professional. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. COPYRIGHT. All contents of the Sites, the Software or Service are: © 2022 One Planet Group LLC. All Rights Reserved.
18. CHOICE OF LAW, MANDATORY ARBITRATION, AND VENUE.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO LICENSE. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
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