Terms of Use

Welcome to Onedoto! If you use any of onedoto’s products, services, or web sites (Onedoto Content), then you agree to the following Terms of Use. Because your use constitutes acceptance of these Terms of Use, please read them. Onedoto reserves the right to revise these Terms of Use. If you continue to use any Onedoto Content, then you agree to the revised Terms of Use.

Technical Problems. Send email to info@onedoto.com for technical problems with this web site.

Personal Use

Onedoto’s web sites are for your personal use. Your specific use of onedoto’s products or services may also be governed by separate download or use agreements. If you comply with these Terms of Use, then onedoto grants you a non-exclusive, non-transferable license to enter and use onedoto’s web sites for your own personal, non-commercial use. You agree not to interrupt or attempt to interrupt the operation of onedoto’s web web sites in any way.

International Use

Onedoto makes no representations or warranties that Onedoto Content is appropriate or available for use outside the United States. If you access any Onedoto Content from outside the United States, you (and not onedoto) are solely responsible for such use.

Trademarks

Onedoto, GoFresco, and all related graphics, logos, and service names are trademarks or service marks of onedoto. Third party trademarks or service marks used in connection with Onedoto Content are those of their respective owners. You are not entitled to use any of these marks without permission of the owner of the marks. References to any products, services, trademarks, service marks, trade names, or other designations of origin or ownership is not an endorsement or recommendation of these products or services.

Copyrights

All Onedoto Content is protected by copyright or other proprietary rights or laws. You may not reproduce or copy, modify, prepare derivative works, distribute, perform publicly, or display publicly any Onedoto Content. You may, however, print or download one copy of the contents of onedoto’s web sites for your personal, non-commercial use. You may not remove any copyright, trademark, service mark, or other proprietary notices. For any other use, you may request permission by sending email to legal@onedoto.com, but onedoto will grant permission only if you meet specific limited criteria.

Click here if you believe your copyright in a work has been violated by any Onedoto Content and this violation constitutes an act of copyright infringement.

DISCLAIMER OF WARRANTIES

ALL ONEDOTO CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ONEDOTO DOES NOT WARRANT THAT THE CONTENTS OF ONEDOTO CONTENT ARE ACCURATE, THE FUNCTIONS CONTAINED IN ONEDOTO CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF ONEDOTO CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY.

LIMITATION OF LIABILITY

ONEDOTO SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE PURCHASE, USE, INABILITY TO USE, ERRORS OR OMISSSIONS, OR OPERATION OF ONEDOTO CONTENT, WHETHER IN CONTRACT OR TORT, EVEN IF ONEDOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. ONEDOTO’S TOTAL LIABILITY TO YOU, HOWEVER, SHALL NOT EXCEED EITHER YOUR PURCHASE PRICE FOR ONEDOTO’S PRODUCTS OR SERVICES OR $100, WHICHEVER IS LESS.

Indemnification

Upon request by onedoto, you will indemnify and hold harmless onedoto and its affiliated persons (including all employees, consultants, officers, and directors) against any liabilities and costs incurred by them, arising out of, relating to, or resulting from these Terms of Use, including any breach of these Terms of Use, and arising out of, relating to, or resulting from your use of any Onedoto Content.

Termination

Onedoto reserves the right to terminate your access to Onedoto Content.

Voluntary Nature

You agree that you have read these Terms of Use, you understand them, you accept them, you agree to be bound by them, and you are waiving your right to a jury trial for all Disputes.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules. You expressly consent to the personal jurisdiction of the state and federal courts in California for all purposes concerning arbitration or court actions pursuant to these Terms of Use.

Dispute Resolution

In consideration of your access to or use of Onedoto Content, you waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with onedoto and its affiliated persons (including all employees, consultants, officers, and directors) arising out of, relating to, or resulting from these Terms of Use, including any breach of these Terms of Use, and arising out of, relating to, or resulting from your use of any Onedoto Content (Disputes). Disputes shall be subject to binding arbitration under the arbitration rules set forth in California Code of Civil Procedure, currently Sections 1280 through 1294.2 (the Rules) and pursuant to California law. You agree that any arbitration will be administered by the American Arbitration Association (AAA), in San Francisco, California, by a neutral arbitrator selected in a manner consistent with the Rules. The arbitrator will have the power to decide any motions brought by any party to the arbitration prior to any arbitration hearing, will issue a written decision on the merits, will have the power to award any remedies (except those listed in the limitation of liability section of these Terms of Use), available under applicable law, and will administer and conduct any arbitration in a manner consistent with the Rules. Each party will pay their own arbitration costs pending the arbitrator's decision. The arbitrator will not have the authority to disregard any lawful onedoto policy or to order onedoto to adopt a policy which is not required by law. Except as provided by the Rules, arbitration will be the sole, exclusive, and final remedy for all Disputes and you may not pursue court action regarding Disputes. Any Dispute must be commenced within one year after the Dispute arises. You understand that this agreement to arbitrate also applies to any Disputes that onedoto may have with you.

Integration, Severability, and Waiver

These Terms of Use constitute the complete and exclusive expression of the agreement between you and onedoto and supersede all communications relating to the subject matter of these Terms of Use. These Terms of Use shall not be construed against onedoto for reason of its drafting or preparation. If any provision of these Terms of Use is determined to be unenforceable, then that provision shall be stricken from these Terms of Use, and all other provisions shall remain in full force and effect. Onedoto's failure to enforce any provision of these Terms of Use shall not constitute a waiver of such provision. Any provision of these Terms of Use may be amended, modified, or waived only with onedoto's written consent.

Assignability

Onedoto may assign these Terms of Use to a purchaser of all or substantially all of onedoto's assets or equity or to any successor entity.