Terms and Conditions

ONEVIEW PRIVACY POLICY

Last Updated: September 11, 2023

OneView, LLC, a Utah limited liability Company (“OneView,” “we”) takes security seriously and values the privacy of individuals who use our websites and related services (collectively, our “Services”). This Privacy Policy explains how we collect, use, and share information that identifies or relates to a particular individual including information referred to as “personally identifiable information” or “personal data” under applicable data privacy laws, rules, and regulations (collectively “Personal Information”) and other non-personal information from users of our Services (“Users” or “you”). By using our Services, you agree to the collection, use, storage, disclosure, and processing of your Personal Information as described by this Privacy Policy. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service and any additional agreements you may enter with us. This Privacy Policy does not apply to third-party products, services, or businesses governed under separate terms, agreements, or privacy policies, or that are otherwise not offered under OneView’s express agreements, regardless of whether they integrate with or interact with our Services (“Third-Party Services”).

INFORMATION WE COLLECT

We may collect a variety of Personal Information and other information about you or your devices from various sources, as described below.

Information You Provide to Us

Registration Information. If you sign up for an account, register to use our Services, or sign up for emails or other updates, we may ask you for basic contact information, such as name, email, username, phone number, or mailing address.

Communications. If you contact us directly, we may collect additional information from you. For example, when you reach out to our customer support team, we may ask for your name, email address, mailing address, phone number, or other contact information so that we can verify your identity and communicate with you. We may also store the contents of any message or attachments that you send to us, as well as any Personal Information you submit through any of our forms, questionnaires, or chat.

Events. If you register for an event that we host, whether in-person or online, we may collect relevant Personal Information such as your name, address, title, company, phone number, or email address, as well as specific information relevant to the event for which you are registering.

Payment Information. If you make a purchase through the Services, your payment-related information, such as credit card or other financial information, may be collected by our third-party payment processor on our behalf.

Job Applications. If you apply for a job with us, we may collect relevant information such as your name, phone number, email address, position, job history, education history, references, cover letters, or similar information.

Third-Party Activity Data. If you allow OneView access to Third-Party Services used by you, OneView may collect and process activity data (e.g., email, calendar, phone data, address book, and other customer relationship management-related data) from providers of such Third-Party Services on behalf of you for the purpose of business-related use and the provision of our Services. Any such information is never provided or disclosed to anyone other than the User it belongs to and the individuals it authorizes to access it. You are responsible for adhering to your Company’s policies regarding storage, alteration, destruction, sharing, and retention of such information.

Information We Collect Automatically When You Use Our Services

Device Information. We may collect information about the devices and software you use to access our Services, such as your IP address, web browser type, operating system version, device identifiers, or similar information.

Usage Information. To help us understand how you use our Services and to help us improve them, we may collect data about your interactions with our Services. This includes information such as crash reports, session lengths and times, the pages or other content you view, and any searches you conduct on our site.

Cookies and Similar Technologies. We and our third-party partners may collect information using cookies, pixel tags, or similar technologies. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.

Information We Receive from Other Sources

We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records, identify new customers, or detect or prevent fraud. We may also receive information about you from social media platforms and internet search engines, for example when you interact with us on those platforms or access our social media content. What information we receive from third parties is governed by the privacy settings, policies, and/or procedures of the relevant organizations which we encourage you to review.

HOW WE USE THE INFORMATION WE COLLECT

We may use the Personal Information and other information we collect:

To provide, maintain, improve, and enhance our websites and our Services;
To understand and analyze how you use our website and our Services and develop new products, services, features, and functionality;
To facilitate purchases of products or services that you order;
To host events;
To evaluate and process applications for jobs with us;
To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide User support;
For marketing and advertising purposes, including developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
To detect and prevent fraud, and respond to trust and safety issues that may arise;
For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
For other purposes for which we provide specific notice at the time the information is collected.

OneView is committed to processing personal information solely for the purposes described in this Privacy Policy. To the extent relevant and possible, we will make efforts to maintain the information accurate, complete, and up-to-date.

HOW WE SHARE THE INFORMATION WE COLLECT

Service Providers. We may share Personal Information and other information we collect with service providers retained in connection with the provision of our Services. These companies are only permitted to use this information to help us provide our Services, not for their own purposes.

Our Affiliates. We may share your Personal Information and other information with our affiliates, subsidiaries, and representatives as necessary to provide our Services.

Our Partners. We use analytics services to collect and process certain analytics data. We also work with third-party advertising partners. These services may also collect information about your use of other websites, apps, and online resources. We also work with third-party advertising partners.

Partner

Additional Information

Google

We may use Google’s services to place ads that we think may interest our users and potential users.

Meta

We may use Meta’s services to place ads that we think may interest our users and potential users.

Facebook Advertising

We may use Facebook Advertising’s services to place ads that we think may interest our users and potential users.

We may use LinkedIn’s services to place ads that we think may interest our users and potential users, as well as to advertise openings to potential employees.

Microsoft

We may use Microsoft’s services to place ads that we think may interest our users and potential users.

Salesforce

We may use Salesforce’s services for data enrichment, lead generation, and marketing personalization.

ChatGPT

We may use ChatGPT’s services to process information for the purpose of providing our Services.

Please note that this table may be updated from time to time to provide you with the latest information. For more information about your choices regarding how these partners use your information, see the Your Choices section below.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information and other information if we reasonably believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. In particular, we may disclose relevant information to the appropriate third parties if you post any illegal, threatening, or objectionable content on or through our Services.

Events. We may share your Personal Information and other information with event partners or co-sponsors to facilitate the events for which you register.

Merger, Sale, or Other Asset Transfers. We may transfer your Personal Information and other information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or in which we sell, liquidate, or transfer all or a portion of our assets. The use of your Personal Information following any of these events will be governed by the same general provisions of this Privacy Policy.

Consent. We may also disclose your Personal Information and other information with your permission.

YOUR CHOICES

Our Communications. From time to time you may receive marketing or other informational email messages from us. You can unsubscribe from our promotional and informational emails via the link provided in the emails. Users may continue to receive administrative messages from us necessary to service User accounts after opting out of receiving promotional messages from us.

Cookies. Most web browsers allow you to manage cookies through the browser settings. To find out more about cookies, you can visit www.aboutcookies.org or www.allaboutcookies.org.

Our Partners. At any time, you may choose (opt-out) whether your Personal Information is to be disclosed to a third-party, other than third parties who act as our agents to perform tasks on our behalf and under our instructions. To inquire about your choices regarding our business partners generally, contact us using the contact details provided below in the section entitled “Contact Us.”

Removal of Personal Information. If you would like to remove any of your Personal Information that has been stored by OneView, please contact us using the contact details provided below in the section entitled “Contact Us.” If your Personal Information was not provided to us by you but by a user of our Services, you may want to contact the user who provided us with your Personal Information and request that your Personal Information be removed.

ACCESSING YOUR PERSONAL INFORMATION

At any time, you may contact us using the contact details provided below in the section entitled “Contact Us,” and request to access the Personal Information that we keep about you. We will make good-faith efforts to locate the Personal Information that you request to access. If you find that the Personal Information that we keep about you is not accurate, complete, or updated, please provide us with the necessary information to correct it. Under your right of access, you may obtain confirmation from us of whether we are processing personal data related to you, receive a copy of that data, so that you can verify its accuracy and the lawfulness of its processing, request the correction, amendment, or deletion of the data if it is inaccurate or processed in violation of the applicable law.

DATA RETENTION

We retain different types of Personal Information and other information for different periods, depending on the purposes for processing the information, our legitimate business purposes as well as pursuant to legal requirements under the applicable law. We may need to keep Personal Information for as long as necessary to support the purposes of processing under this Privacy Policy and for additional legitimate business purposes, for example, for record keeping, for cyber-security management purposes, legal proceedings, and tax issues. We may keep aggregated non-identifiable information without limitation, and to the extent reasonable we will delete or de-identify potentially Personal Information when we no longer need to process the information. In any case, as long as you use the Service, we will keep Personal Information and other information about you, unless we are required by law to delete it, or if we decide to remove it at our discretion.

THIRD-PARTY CONTENT

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the content provided by, or the privacy practices of, these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

SECURITY

We make reasonable efforts to protect your Personal Information and other information by using administrative, technological, and physical safeguards designed to improve the security of the information we maintain and protect it from accidental loss, unauthorized access or use, or any other inappropriate or unlawful processing. However, because no information system can be 100% secure, we cannot guarantee the absolute security of your Personal Information and other Information.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information or other information from children under 18 years of age, and no part of our Services is directed toward children. If you learn that a child has provided us with information in violation of this Privacy Policy, then you may alert us using the contact details provided in the section below entitled “Contact Us.”

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under CCPA and VCDPA” section below for instructions regarding how to exercise these rights. Please note that we may process your Personal Information on behalf of a user of our Services, and we are therefore acting solely as a service provider with respect to that Personal Information. If we are processing your Personal Information as a service provider, you should contact the entity that provided your Personal Information to OneView to address your rights with respect to such Personal Information. The following section applies only to your Personal Information that we collect on our own behalf as a business. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us using the contact details provided in the section below entitled “Contact Us.”

Right to Access. You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In response, we will provide you with the following information: (i) the categories of Personal Information that we have collected about you; (ii) the categories of sources from which that Personal Information was collected; (iii) the business or commercial purpose for collecting or selling your Personal Information; (iv) the categories of third parties with whom we have shared your Personal Information; and (v) the specific pieces of Personal Information that we have collected about you.

Deletion. You have the right to request that we delete the Personal Information that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your personal information to provide you with our Services or complete a transaction or other action you have requested, or if deletion of your Personal Information involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction. You have the right to request that we correct any inaccurate Personal Information we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Information, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Personal Information Sales and Sharing Opt-Out. Under the CCPA, California residents have certain rights when a business “sells” Personal Information or “shares” Personal Information with third parties for purposes of cross-contextual behavioral advertising. As described in the “Information We Collect” section above, we have incorporated Cookies from certain third parties into our Services. Under the CCRA, sharing your data through third-party Cookies for online advertising and cross-contextual behavioral advertising may be considered a “sale” and/or “share” of information. You can opt out of these sales and the sharing of Personal Information by following the instructions in the section below entitled “Exercising Your Rights under CPPA and VCDPA.”

No Discrimination. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying levels of services you receive related to the value of Personal Information that we receive from you.

YOUR VIRGINIA RESIDENT RIGHTS

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights under CCPA and VCDPA” section below for instructions regarding how to exercise these rights. Please note that we may process your Personal Information on behalf of one of our users, and we are therefore acting solely as a service provider with respect to that Personal Information. If we are processing your Personal Information as a service provider, you should contact the entity that provided us with your Personal Information to address your rights with respect to such information. The following section applies only to your Personal Information that we collect on our own behalf as a business. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us using the contact details provided in the section below entitled “Contact Us.”

Access. You have the right to request confirmation of whether or not we are processing your Personal Information and to access your Personal Information.

Correction. You have the right to correct inaccuracies in your Personal Information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes for processing your Personal Information.

Portability. You have the right to request a copy of your Personal Information in a machine-readable format, to the extent technically feasible.

Deletion. You have the right to delete your Personal Data.

Opt-Out of Certain Processing Activities. You have the right to opt-out of: (i) the processing of your Personal Information for targeted advertising purposes; (ii) the sale of your Personal Information; and (iii) the processing your Personal Information for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable. We process your Personal Information for targeted advertising purposes. To opt-out of our processing of Personal Information for targeted advertising purposes, please contact us using the contact details provided in the section below entitled “Contact Us.”

Appealing a Denial. If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section. In such an appeal, you must (i) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (ii) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the VCDPA. If we deny your appeal, you have the right to contact the Virginia Attorney General. You may appeal a decision by emailing us at the email address provided in the section below entitled “Contact Us” (title must include “VCDPA Appeal”).

EXERCISING YOUR RIGHTS UNDER CPPA AND VCDPA

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send us a request that (i) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information (including your Company name, role and the type of record to be deleted), and (ii) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request using the contact details provided below in the section entitled “Contact Us.” If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

YOUR NEVADA RESIDENT RIGHTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at the email address provided below in the section entitled “Contact Us” with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

YOUR EUROPEAN UNION AND UNITED KINGDOM RESIDENT RIGHTS

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway, or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined below. Please note that we may process your Personal Information on behalf of a user of our Services, and we are therefore acting solely as a processor with respect to that Personal Information. If we are processing your Personal Information as a processor, you should contact the entity that provided your Personal Information to us to address your rights with respect to such information. The following section applies only to your Personal Information that we collect on our own behalf as a Controller.

For this section, we use the terms “Personal Data” and “Processing” as they are defined in the GDPR. OneView will be the controller of your Personal Data processed in connection with the Services. If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us using the contact details provided below in the section entitled “Contact Us.” Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect. The “Information We Collect” section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds. The “How We Use the Information We Collect” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (meaning the need to process your data to provide you with our Services), and our “legitimate interests” or the legitimate interests of others. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data. The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

EU and UK Data Subject Rights. You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please contact us using the contact details provided below in the section entitled “Contact Us.” Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about OneView’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

TRANSFER OF DATA OUTSIDE OF YOUR TERRITORY

We may store and process Personal Information and other information in various sites throughout the globe, including in sites operated and maintained by cloud-based service providers. If you are a resident in a jurisdiction where the transfer of your Personal Information to another jurisdiction requires your consent, then you provide us with your express and unambiguous consent to such transfer. Please note that we may transfer the Personal Information we collect to countries other than the country where we originally collected it for the purposes of processing the data and operating our Services. If we transfer your information outside the country of collection, we will protect that information as described in this Privacy Policy and take steps, where necessary, to ensure that international transfers comply with applicable laws. If you require further information about our international transfers of your Personal Information, please contact us using the contact details in the section titled “Contact Us” below.

CHANGES TO THIS PRIVACY NOTICE

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we make material changes, we may notify you via a notice posted on our website or another method. We encourage you to read this Privacy Policy periodically to stay up to date about our privacy practices.

If you have any questions, comments, or concerns about our processing activities, please email us at privacy@oneviewhq.com.

Or you may write to us at:

105 N Peregrine Lane, Suite 20

Bountiful, UT 84010

Last Updated: September 19, 2023

The following terms and conditions, together with any terms they expressly incorporate herein by reference (collectively, these “Terms of Use”), govern your access to and use of oneviewhq.com and all other sites owned by OneView, LLC, a Utah limited liability company (“OneView,” “we,” “us,” or “our”) which link to these Terms of Use (individually, the “Site”, or, collectively, the “Sites”) and the functionality and content of each of the Sites, regardless of whether you are a guest or a registered user. These Terms of Use are entered into by and between you (“you” or “your”) and OneView. If you use or access the Sites on behalf of a business or other entity, you must have the authority to bind that business/entity. In such cases, the term “you” includes the business/entity and any of its agents that use or access the Sites. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with OneView.

Through the Sites, OneView provides various service offerings, information, and resources related to sales process intelligence and optimization (each a “Product” and collectively, the “Products”). References to the Sites herein include the Products, which are described on the Sites. Subject to your full and ongoing compliance with these Terms of Use, we hereby grant you the limited and revocable right to access and use those portions of the Sites for which you registered, solely for their intended purposes, and solely for your internal referential business purposes.

GENERAL DISCLAIMER

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING, OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; OR USING ANY PLATFORM, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES, AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY AS POSTED ON THE SITE. DO NOT USE THE SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

CHANGES TO THE TERMS OF USE

We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice. We are not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. We reserve the right to block or deny access to any of the Sites to anyone at any time for any reason. We are not obligated to correct or update any information or content on the Sites.

We may now or in the future offer one or more platforms (each a “Platform” and collectively, the “Platforms”) through our Sites and, to use the Platforms, you must adhere to additional terms and conditions based on such Platforms, including additional terms and conditions that may be specific to each such Platform, as presented to you at the time you commence use of such Platform. Certain offerings on the Sites may be free of charge or offered for a fee. We reserve the right to change, on a going-forward basis, what Products are offered free of charge or for a fee, and the fees charged for any given Product.

We reserve the right to update or modify these Terms of Use at any time on a going-forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the earlier of (i) your first use of the Sites or Product with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms of Use will be resolved in accordance with the version of the Terms of Use in place at the time the dispute arose. We use reasonable efforts to ensure that these Terms of Use identify the last date of update. In the case of material changes to the Terms of Use, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

FEES AND BILLING

Subscription and other non-refundable fees for access to Products and Platforms on the Sites and additional terms for such Products and Platforms can be found posted on the Sites (the “Fees”). If your use of the Products or Platforms exceeds any applicable service capacities set forth on the Sites or otherwise requires the payment of additional fees (per these Terms of Use), you will be billed for such usage and you agree to pay any such additional fees. We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the then-current renewal term, upon 30 days prior notice to you by email, mail, or other reasonable form of notification. If you believe you were billed incorrectly, in order to receive an adjustment or credit you must contact us at the contact details provided in the section entitled “Contact Us” no later than 60 days after the closing date on the first billing statement in which the error or problem appeared.

CUSTOMER SUPPORT

Subject to these Terms of Use, we will provide you with reasonable technical support services in accordance with our standard practice. We encourage you to provide feedback, suggestions, and bug or error reports related to the Sites; however, we have no obligation to act on or respond to such feedback, suggestions, and reports.

ACCOUNT ACCESS AND SECURITY

The Products may enable or require you to register and create an account in order to access certain content and functionality of the Sites, including on any of the Platforms. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information. Any information you provide to us must be correct, current, and complete. You are responsible for maintaining the confidentiality of your account, password, and other information. You consent to OneView’s use of such information consistent with the Privacy Policy. Any account you create is personal to you and you agree not to provide any other person with access to it. You agree to notify us immediately if you become aware of any unauthorized access to or use of your account. You may be required to log out from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. You are responsible for making all arrangements necessary for you to have access to the Sites and for ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them. We may disable an account at any time in its sole discretion.

USER CONTENT

The Sites may now or in the future contain Products that use information you have provided to us and that allow you and others to post, submit, publish, display, or otherwise transmit (“post”) various information and materials (“User Content”), which may include answers in response to questions, comments, documents, and other similar content. Other than personally identifiable information (“PII”) that you provide to us in connection with your account or as requested or required by the Sites (which PII is subject to the Privacy Policy) and except as expressly provided in these Terms of Use or the policies applicable to any of the Platforms, User Content is and will be considered non-confidential and non-proprietary. You retain all your ownership rights in and to your User Content, and by posting User Content to the Sites, you hereby grant to OneView an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, sublicensable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content and derivatives thereof, in whole or in part, and in any form, media, or technology now known or hereafter developed.

We are under no obligation to use, return, review, or respond to User Content. You understand and acknowledge that you are responsible for any User Content you provide. In providing any User Content, you represent and warrant that (a) you own or control all rights in and to such User Content and have the right to grant the license granted above and that (b) all of your User Content does and will comply with these Terms of Use, including the standards of content (“Content Standards”) included below. You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, as further explained in the Content Standards.

Conduct Standards

You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:

contain any defamatory, libelous, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, violent, inflammatory, sexually explicit, pornographic, or otherwise objectionable (as determined by OneView in its sole discretion) material;
violate any person’s or party’s legal rights (including intellectual property rights, moral rights, and rights of publicity and privacy);
impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;
appear as if they are sent by or endorsed by OneView, or any other person, if this is not the case;
be likely to or designed to deceive any person;
contain any material that is unlawful or could result in civil or criminal liability;
incite, advocate, promote, contribute to, enable, or assist any illegal or unlawful activity;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, other than as conducted by OneView in its operation of the Sites; or
conflict with these Terms of Use or any other applicable law or policy.

Monitoring and Enforcement

OneView is not responsible or liable to any third-party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third-party. At its discretion OneView may, but is not obligated to, take steps to monitor User Content. However, OneView does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. OneView not deemed to endorse, verify, or agree with any User Content.

We reserve the right, in our sole discretion, to:

remove or refuse to post any User Content for any or no reason at all;
take any action with respect to any User Content that we deem necessary or appropriate if we believe User Content violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for us;
disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take any action we deem appropriate or advisable, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites, to prevent harm, or to protect against liability;
fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any User Content; and
terminate or suspend your access to all or part of the Sites for any or no reason, including with out limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS ONEVIEW AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ONEVIEW OR LAW ENFORCEMENT AUTHORITIES. ONEVIEW HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR THE PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

in any way that violates any applicable law or regulation (including any laws regarding the export of data or software to and from the United States or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
except as expressly permitted on the Sites, to transmit, or procure the transmission of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or other forms of similar solicitation;
to impersonate or attempt to impersonate OneView, an employee of OneView, another user, or any other person or entity;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by OneView it is sole discretion, may harm OneView or users of the Sites, expose them to liability, or threaten the security of their PII; or
provide services, information, materials, resources, or advice to any third person, directly or indirectly, on a service bureau basis or otherwise.

Additionally, you agree not to:

use the Sites in any manner that could disable, overburden, damage, or impair the Sites;

use any manual process or robot, spider, or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the sites;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
attack the Sites via any denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

OneView and its licensors or other providers own the Sites, including all of their content, features, and functionality–including any information, software code, text, displays, images, video, and audio, and the design, selection, and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by OneView. Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You may not modify, reproduce, publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

Copyrights

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by submitting a written notification (a “DMCA Notice”) to our us in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective. If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to us pursuant to the DMCA. It is the policy of OneView to terminate the user accounts of infringers.

Trademarks

As between you and OneView, OneView owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Sites, including company and Product names, logos, slogans, and designs, which are registered and/or common law trademarks of OneView and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Sites. We will aggressively enforce our intellectual property rights to the fullest extent of the law. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.

RELIANCE ON POSTED INFORMATION

The Sites may include content provided by third parties. Other than the content provided by us, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties. We do not warrant the accuracy, completeness, or reliability of any third-party information on the Sites.

INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITES

We may automatically collect information about you and your use and navigation of the Sites. All such information is subject to the Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and legal requirements.

LINKING TO THE SITES AND SOCIAL MEDIA

You may link to the Sites, provided you do so in a way that is legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of OneView without our express written consent.

The Sites may offer integration with social media websites or apps. The Sites may provide features that enable you to (a) link from your own or certain third-party social media websites to particular content or types of content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; or (c) cause limited portions of content displayed on the Sites to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as we provide, and only with respect to the content that we make available for this purpose. Such use must also be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (A) establish a link from any website or social media account that you do not own or control; (B) cause the Sites or portions of them to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or; or (C) take any other action with respect to the material or content on the Sites that is inconsistent with any other provision of these Terms of Use. The website from which you link, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We may withdraw linking permission without prior notice and we may disable any or all social media features and any links at any time without notice.

LINKS FROM THE SITES

Links to non-OneView sites and resources provided on the Sites are provided for your convenience only. They do not signify that OneView endorses any such websites or companies, including any sponsor(s). We have no control over those sites or resources and accept no responsibility for them or for any loss or damage that may arise from use of them. You access third-party websites linked to the Sites entirely at your own risk and subject to the terms and conditions of such sites. Third-party websites have their own terms of use and policies and are not subject to these Terms of Use.

THIRD-PARTY INTEGRATIONS

Third-party services may be integrated into the functionality of the Sites through tools such as Application Programming Interfaces (“APIs”). You agree and acknowledges that we have no control over the operations, reliability, accuracy, or availability of such integrated third-party services or their APIs. We make no representations or warranties of any kind, express or implied, with respect to the performance, functionality, or accuracy of integrated third-party services and their APIs. You agree to indemnify, defend, and hold OneView and its affiliates harmless from any claims, losses, liabilities, damages, costs, and expenses arising from or related to the use of integrated third-party services. We reserve the right to modify, suspend, or discontinue the integration of any third-party services at any time and for any reason, without notice. One category of third-party services we may integrate into the Sites are artificial intelligence (“AI”) services. You agrees and acknowledge that due to the relative newness of AI services, such services are more prone to cause bugs, errors, and delays in the Sites.

GEOGRAPHIC RESTRICTIONS

We provide the Sites for use only by parties located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites by certain persons or in certain countries may not be legal. If you access the Sites from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN ANY EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES. NEITHER ONEVIEW NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ONEVIEW NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE DETECTED OR CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DOES NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

IN NO EVENT WILL ONEVIEW, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, AFFILIATES, OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES WHICH IS NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED; OR FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR SERVICES UNDER THIS AGREEMENT IN THE ONE (1) YEAR PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT ONEVIEW WOULD NOT BE ABLE TO PROVIDE THE SITES AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OneView, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your User Content and your use of the Sites, including any violation of these Terms of Use or applicable law in connection therewith.

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). You agree that the federal and state courts located in the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by OneView of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OneView to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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