Terms of use | OneTapConnect

OneTapConnect Terms of Service

1. Agreement of Terms

This Terms of Service Agreement (this “Agreement”) constitutes a legally binding agreement made between you (“User”) and One Tap Connect, LLC, a Nevada Limited Liability Company, doing business as a C-Corporation (“Company”, “we”, “us”, “our”, “OneTapConnect”, or “OneTapConnect.com”), concerning your access to and use of the OneTapConnect platform, its website, mobile websites, Software as a Service (SaaS) products, and mobile applications (collectively, the “Services”).

BY ACCESSING, PURCHASING, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES. ONETAPCONNECT CONDITIONS YOUR USE OF ITS SERVICES ON THE AGREEMENT TO THESE TERMS OF USE AND THE DISCLOSURES MADE IN ITS PRIVACY POLICY. BY CONSENTING TO THE TERMS OF USE, THE USER UNDERSTANDS AND AGREES THEY ARE ALSO PERMITTING ONETAPCONNECT TO USE THEIR PERSONAL DATA IN THE WAYS DESCRIBED IN THE PRIVACY POLICY. THIS CONSENT AND ACKNOWLEDGMENT IS RETROACTIVE TO THE MOMENT A USER FIRST USES ONETAPCONNECT SERVICES. IF THE USER DECLINES TO ACCEPT THESE TERMS, THEY MUST IMMEDIATELY TERMINATE THEIR USE OF THE SERVICES AND CONTACT ONETAPCONNECT at cs@onetapconnect.com TO ATTEMPT TO ISOLATE ANY DATA GATHERED BEFORE THE USER DECLINED THESE TERMS AND CONDITIONS. FAILURE TO CONTACT ONETAPCONNECT WILL BE INTERPRETED AS CONSENT TO USE ANY DATA GATHERED FROM THE USER’S USE OF SERVICES TO THE FULLEST EXTENT PERMITTED BY THE PRIVACY POLICY.

2. Updates to Terms

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. Any such changes or modifications will become effective immediately upon posting the revised version of the Agreement on our website. Your continued use of our Services following the posting of revised terms means that you accept and agree to the changes. It is your responsibility to regularly review these terms for updates

3. Service Description

OneTapConnect provides Users its Services, including but not limited to, the use of its OneTapConnect’s website, mobile website development, SaaS platforms, and mobile applications, which facilitate lead generation, contact management, and data-sharing services. These services are designed to enhance marketing and business operations for small to large enterprises. By using OneTapConnect’s website at onetapconnect.com you agree to use these services for lawful purposes and to comply with all local, state, and federal regulations that may apply.

4. User Responsibilities

4.1 Eligibility:

To access our Services, you must be 18 years or older or the legal age of majority in your jurisdiction and capable of entering into legally binding agreements. If you are using our Services on behalf of a business or other entity, you represent that you have the authority to bind such entity to these terms.

4.2 Account Registration:

When creating an account, you agree to provide accurate, up-to-date, and complete information about yourself. You are responsible for safeguarding your account login credentials, and any activity occurring under your account is your responsibility. You agree to notify us immediately of any unauthorized access to your account.

4.3 Prohibited Conduct:

Users are prohibited from engaging in any conduct that may:

Violate any applicable law or regulation.
Use the platform or services to commit fraud, engage in theft, or facilitate illegal activities.
Infringe upon the rights of others, including intellectual property rights, privacy rights, or contractual rights including but not limited to copyright, trademark, patent, or proprietary information, Distributing or using software, content, or other materials without proper authorization.
Disrupt or interfere with the security, functionality, or performance of any part of the platform, our products or services. Including but not limited to hacking, phishing, or unauthorized access, including attempts to overload, flood or crash servers or services.
Use any manual or automated systems, including bots or scrapers, to access the Services, data mine or unauthorized collection of information from any part of the platform, our products, services or other users.
Use or distributing malware, viruses, or any code intended to damage or interfere with the functionality of any part of the platform, our products or services.
Upload, transmit, or share content that is or promotes: harmful, offensive, harassing, bullying, pornographic, any form of abuse (whether racial, sexual, etc.), violence, hatred, discriminatory, hate speech, defamatory, illegal activity or otherwise objectionable.
Send spam, junk mail, chain letters, or unauthorized mass communications through the platform.
Impersonate others, including company representatives or other users.
Cause false representation of affiliations, credentials, or other qualifications.
Create fake accounts or provide misleading information.
Circumvent, bypass, alter or modify any restrictions or measures put in place to control access to any part of the platform, our products or services.
Cause unauthorized access to our collection of personal information from other users.
Share private or confidential information about other users without their consent.
Use the platform, services and products for activities not expressly approved by the terms, including unapproved contests, giveaways, or sweepstakes.
Violate the rights of third parties, including intellectual property, privacy, publicity, or contractual rights.
Attempt to circumvent or bypass any rules, restrictions, or security measures implemented on the platform.

5. Compliance with Laws

OneTapConnect operates in compliance with the California Consumer Privacy Act (CCPA), California Invasion of Privacy Act (CIPA), and other applicable state and federal regulations.

5.1 California Invasion of Privacy Act (CIPA):

We are committed to ensuring that we comply with California’s CIPA law, which protects individuals from unlawful recording and wiretapping. OneTapConnect does not engage in any recording of communications without explicit consent. We ensure that any information you provide to us during interactions, such as via our mobile apps or website, is protected from unlawful surveillance.

5.2 California Consumer Privacy Act (CCPA):

We adhere to the rights and protections provided under CCPA, including:

Right to Know: Users have the right to request that we disclose what personal information we collect, use, disclose, and sell.
Right to Delete: Users have the right to request deletion of personal information that we have collected, subject to certain exceptions (e.g., legal requirements).
Right to Opt-Out: Users can request that their personal data not be sold to third parties.
Right to Non-Discrimination: We do not discriminate against users who exercise their privacy rights.

You may exercise any of these rights by contacting us at cs@onetapconnect.com.

6. Data Collection and Privacy

We value your privacy and handle your data with utmost care. Our Privacy Policy outlines how we collect, use, store, and protect your personal data. BY USING OUR SERVICES, YOU CONSENT TO OUR DATA PRACTICES AS OUTLINED IN THE PRIVACY POLICY.

7. Intellectual Property

7.1 Ownership:

All content, software, designs, text, graphics, logos, trademarks, and intellectual property made available through the Services are either the exclusive property of OneTapConnect or used under license. Users are granted a limited, non-transferable, non-exclusive license to access and use the Services for personal or business purposes, subject to the rights of third-party licensors where applicable.

7.2 Restrictions:

Users may not reproduce, distribute, modify, or otherwise exploit the content or Services for any commercial or unlawful purposes. Any use of the Services that infringes upon our intellectual property rights may result in legal action. Users also may not participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OneTapConnect.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of OneTapConnect.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OneTapConnect or our licensors except as expressly authorized by these Terms.

8. Third-Party Services

Our Services may include links or integration with third-party applications, websites, or tools. We are not responsible for any third-party content, policies, or practices. You acknowledge and agree that your use of third-party services is governed by the terms and policies of the third party, and you should review those before engaging in any interactions or transactions.

Certain services made available via OneTapConnect Services are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the onetapconnect.com domain, you hereby acknowledge and consent that OneTapConnect may share such information and data with any third party with whom OneTapConnect has a contractual relationship to provide the requested product, service, or functionality on behalf of OneTapConnect users and Clients.

9. Disclaimer of Warranties

OneTapConnect provides Services on an “as is” and “as available” basis. We disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding:

The accuracy or completeness of the content on our Services.
The uninterrupted or error-free operation of our Services.
The protection of your data from unauthorized access, theft, or loss, though we take reasonable security measures.

10. Limitation of Liability

To the fullest extent permitted by law, OneTapConnect and its affiliates, officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising from your use of the Services, even if we have been advised of the possibility of such damages. The parties also agree that neither party may recover from the other party more than the amount the user has paid or owes for Services, whichever number is larger.

11. Indemnification

You agree to indemnify and hold OneTapConnect harmless from any claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from your use of the Services, your breach of this Agreement, or your violation of any rights of another party, including intellectual property or privacy rights.

12. Governing Law and Dispute Resolution

This Agreement and your use of the Services will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any disputes arising out of, or related to, this Agreement or the Privacy Policy must be resolved in the state and federal courts for Clark County, Nevada, and the parties hereby consent to the exclusive jurisdiction and venue of the courts in the State of Nevada. Any action under these Terms and Conditions will take place on an individual basis; class actions and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

13. Termination of Services

We reserve the right to terminate or suspend your account or access to our Services, without notice, if you violate any part of this Agreement or engage in unlawful activity. Upon termination, you will remain liable for any obligations incurred prior to termination.

14. Severability and Entire Agreement

If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect. This Agreement includes all of the terms and conditions governing the parties’ relationship. It is unreasonable for the User to relay on any statements or promises that are made unless they are contained in this Agreement

15. Contact Information

For inquiries about the Services provided under the Terms of Use and the Privacy Policy, questions, or concerns regarding this Agreement, please contact us at:
OneTapConnect, LLC
Email: cs@onetapconnect.com

16. Children Under Eighteen

OneTapConnect does not knowingly collect, either online or offline, personal information from persons under the age of Eighteen. If you are under 18, you may use onetapconnect.com only with the permission of a parent or guardian.

17. The Order

Client acknowledges and accepts that the following terms, conditions, definitions, and requirements contained in Paragraph 17 do not apply to the User or OneTapConnect unless and until the User completes an Order of any Services at which time the parties are bound by Paragraph 17. The terms, conditions, and requirements in Paragraph 17 are in addition to the provisions that apply in Paragraphs 1-16 & 18. Paragraph 17 doesn’t supersede or supplant any of the terms, conditions, or requirements in Paragraphs 1-16 & 18.

17.1. Definitions

“Application” OneTapConnect is a digital business card platform that can be shared to a client’s mobile device via NFC, QR code, or SMS/MMS, enabling easy transfer through the user’s mobile device and services.

“OneTapConnect Smart Card” a physical NFC business card programmed by OneTapConnect for the user to transfer contact information to compatible mobile devices.

“QR Code” a scannable black-and-white code used to store information, like URLs, and transfer contact info to smartphones without using NFC. (can be used to transfer User contact info on mobile devices without NFC capabilities or when NFC is turned off.)

“Design Materials” means the materials transferred by the Client to OneTapConnect for the formation of the digital business card/mobile website, including but not limited to, personal details, contact information, videos, and images.

“Order” a paid transaction by the Client to OneTapConnect for Services.

“Device” the User’s mobile telephone.

“Client” Purchaser of product or service.

17.2. Content of the Order

The initial Order amount paid by Client includes the initial term hosting fee, which can vary in length of time depending on the plan purchased. Client acknowledges and accepts the plan includes recurring fee(s) that will be automatically charged to client’s credit card on file (on the recurring term chosen by client upon purchase), unless and until client either, turns off their automatic renewal deduction through their OneTapConnect account or cancels service and closes clients account either through their account on our website or by contacting one of our representatives via our website, phone or email. This fee will be automatically charged to the Client for renewal of Services unless the Client cancels Services 30 days prior to the renewal date.

The Client acknowledges that other mobile applications and changes to the Device’s settings may affect the delivery, functionality, and usability of the service. OneTapConnect cannot guarantee the delivery nor the receipt of the OneTapConnect Smart Card transmission by the recipient, and OneTapConnect does not have any control over Clients’ Device, the mobile services, nor the recipient’s/Users’ device.

It is the responsibility of the Client to own, at their expense, a Device operating on one of the latest operating system versions, and to connect the Device to a proper cellular network service including SMS/MMS and data services. All liabilities and expenses involved in purchasing the device, receiving and sending communications through cellular provider are the sole responsibility of Client.

17.3. Delivery & Acceptance (for Client’s who purchased OneTapConnect’s additional design service(s) options)

The Client agrees to cooperate with OneTapConnect and submit all Design Materials in a timely fashion. Client grants OneTapConnect permission to obtain any Client Design Materials from Client’s Websites, Social Media or other public information outlets that are relevant to creating and designing the Client’s Application. OneTapConnect will deliver the Application to the Client Digitally via email and/or text to the mobile number provided by Client. The Client will have 3 business days to request any design changes. If no design changes are requested, the Application will be accepted by the Client as complete.

17.4. Updates (for Client’s with this add-on service)

For Clients who purchased an add-on service that includes OneTapConnect Design updates: Although updates may be included with your add-on service, if over gratuitous updates start to take place, OneTapConnect at its discretion may charge the Client a fee for requested updates. The Client will pay for the updates to the Application based off the current OneTapConnect price list at that time. Client will be notified in advance of the updates being done so Client can approve any additional charges.

Updates should be submitted by email to support@onetapconnect.com

An Update is defined as deleting or adding a photo, video or logo. Changes to text, About profile, About Company, or the addition or removal of a link or links that are congruent with the current company name and brand.

17.5. Re-Brand (For Clients who purchased this add-on service)

A re-brand is when a Client wants to change the majority or the branding, of their microsite’s current design. The distinction between a re-brand and an update is determined at the discretion of OneTapConnect and by the expected labor required to make the requested changes. A rebrand may include all or some of the following: A new design, a new name or company name, logo, profile copy, colors, new layout, a change of videos, pictures, assets or a combination thereof. In this case the Client may be required to order a new OneTapConnect Application or pay OneTapConnect a Re-Brand fee.

17.6. Mobile Website Design Materials

The Client warrants that all the Design Materials, including web links, are the Client’s real contact information, and that they and their delivery through the Application and their receipt by the recipient do not violate any law, do not create misrepresentation, do not mislead, are not: threatening, defamatory or libelous, obscene, connected to any illegal activity, or may constitute grounds for criminal or civil proceedings, or constitute something which the Client is not permitted to send, and that they comply with all laws pertaining to the display of minors images, as far as minors images appear in the Application. The Client confirms that they have obtained all necessary permissions, licenses, and consents required by intellectual property laws and other relevant laws to use the Design Materials through the Application, considering all its functions and features. The Client also confirms that any required payments have been made or will be made by the agreed-upon dates with the rights holders or their representatives.

The Client declares that the contact details within the Design Materials are true with regard to the microsite holder. The Client undertakes that the Design Materials are in a good visual level and in the formats supported by the Application.

The Client must make available to OneTapConnect all Design Materials at least three working days before the delivery begins. OneTapConnect may refrain from executing the delivery or require changes in the Application, if in its opinion the Design Materials are incompatible with OneTapConnect’s systems, do not comply with its policies, are of a poor standard or are incompatible with any other provision of this Order.

The use of the Design Materials by OneTapConnect does not create any representation by OneTapConnect regarding the legality of the Design Materials. Client agrees they are solely responsible for any non-compliance with the law pertaining the Design Materials and their use.

If the Client fails to supply all proper Design Materials in a timely manner to OneTapConnect, it will not delay the beginning of the service term and will not constitute a ground for payment reduction or refund.

OneTapConnect is not responsible for the compatibility of the Application with any mobile screen type or operating system or SMS application.

17.7. Timing and Deliverables

The estimated term for the design of the card is up to five days from the date the Client has completed delivery of all Design Materials to OneTapConnect unless OneTapConnect has postponed the formation date by notice to the Client.

OneTapConnect shall not be liable for any delay in the performance of its duties as a result of reasons beyond its control.

The service term starts on the date of purchase. The OneTapConnect Smart Card and any accessories (if purchased or provided) will be sent to Client to the shipping address provided by Client.

17.8. Privacy

Your use of the Application is subject to OneTapConnect’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

17.9. Electronic Communications

Visiting OneTapConnect.com or sending emails to OneTapConnect.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. Client can send all requests to cs@onetapconnect.com.

17.10. Cancellation/Refund Policy

All sales are final. No refund will be issued except where prohibited by law.

17.11. Use of Communication Services

The OneTapConnect may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

OneTapConnect has no obligation to monitor the Communication Services. However, OneTapConnect reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OneTapConnect reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

OneTapConnect reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OneTapConnect’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OneTapConnect does not control or endorse the content, messages or information found in any Communication Service and, therefore, OneTapConnect specifically disclaims any liability with regard to the Communication Services and any act resulting from Client participation in any Communication Service. Managers and hosts are not authorized OneTapConnect spokespersons, and their views do not necessarily reflect those of OneTapConnect.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The Client is responsible for adhering to such limitations if you upload the materials.

17.12. Materials provided to OneTapConnect or posted on any OneTapConnect Web Pages

OneTapConnect does not claim ownership of the materials Client provides to OneTapConnect (including feedback and suggestions) or post, upload, input or submit to any OneTapConnect Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OneTapConnect our affiliated companies, and necessary sublicensees permission to use Client Submission in connection with the operation of OneTapConnect’s businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Client’s name in connection with Client’s Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. OneTapConnect is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OneTapConnect’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

17.13. Opt-out and Cancellation

You can opt out of receiving messages from One Tap Connect, LLC at any time by replying “STOP” to any message. After sending “STOP” you will receive a confirmation message that your request has been processed, and no further messages will be sent to your number from this program unless you opt in again. 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 keyword command and agree that One Tap Connect, LLC 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 One Tap Connect, LLC through any other programs you have joined until you separately unsubscribe from those programs.

Even if you opt out of receiving marketing or promotional messages, you may continue to receive account-specific communications from One Tap Connect, LLC if you have an active order or ongoing service. These communications may include, but are not limited to, updates on your order (e.g., sending you your microsite for approval), customer service inquiries (e.g., responses to support issues), and billing reminders.

Help or Support

For assistance, text “HELP” to the telephone number or short code that sent you the initial message.

17.14. International Users

The Service is controlled, operated, and administered by OneTapConnect from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree not to use the OneTapConnect content accessed through onetapconnect.com or it’s app, in any country or in any manner prohibited by applicable laws, restrictions, or regulations.

17.15. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONE TAP CONNECT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ONE TAP CONNECT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONE TAP CONNECT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONE TAP CONNECT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONE TAP CONNECT, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

17.17. No Partnership or Agency Relationship

Client agrees that no joint venture, partnership, employment, or agency relationship exists between you and OneTapConnect as a result of this agreement or use of the Site.

17.18. SMS Communication

This SMS message program is a service of One Tap Connect, LLC. By providing your mobile phone number, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from One Tap Connect, LLC. These messages may be sent using an automatic telephone dialing system, to the mobile phone number you provided during sign-up or any other number that you designate. Consent to receive marketing text messages is not a condition of any purchase. Message and data rates may apply.

Message frequency will vary based on your interactions. One Tap Connect, LLC reserves the right to change the frequency of messages sent at any time, including increasing or decreasing the total number of messages you receive. We may also change the short code or phone number from which messages are sent, and you will be notified of such changes, where required by law.

Not all mobile devices or carriers are supported, and messages may not be deliverable in all areas. One Tap Connect, LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

This Agreement was last revised on November 20, 2024