Terms of Service

Last updated: July 1, 2019

These Terms of Service of Service (“Terms of Service”) are a legal agreement between you (“you,” “your”) 1o, Inc (”1o,” “we,” “our” or “us”) and govern your use of 1o’s services, including mobile applications, websites, software, plugins to third party websites and applications, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Services, you agree to these Terms of Service and any policies referenced within (“Policies”), including terms that limit our liability (see Section 17) and require individual arbitration for any potential legal dispute (see Section 20). You also agree to any additional terms or agreements specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.

1. Privacy

You consent to 1o’s Privacy Policy which explains how we collect, use and protect the personal information you provide to us.

2. 1o Account Registration

You may be required to open an account with us (a “1o Account”) to use the Services. During Account registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your 1o Account, including for any actions taken by anyone to whom you have granted access to your 1o Account. We reserve the right to change the account type, suspend or terminate the 1o Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

3. Revisions, Disclosures and Notices

We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 19) that arose before the changes will be governed by the Terms in place when the Dispute arose.

You agree to 1o’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your 1o Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your 1o Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact [email protected]. If we are not able to support your request, you may need to terminate your 1o Account.

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

1. access or monitor any material or information on any 1o system using any manual process or robot, spider, scraper, or other automated means without 1o’s prior written consent;

2. except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

3. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

4. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from 1o;

5. use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

6. transfer any rights granted to you under these Terms of Service;

7. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;

8. use the Services for any illegal activity or goods or in any way that exposes you, other 1o users, our partners, or 1o to harm; or

9. otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your 1o Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your 1o Account, and any of your transactions with law enforcement.

5 Your Content

The Services may include functionality for uploading or providing product information, , photos, documents, logos, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms of Service. You may modify or remove your Content via your 1o Account or by terminating your 1o Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with 1o’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose 1o, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. 1o may also monitor such Content to detect and prevent fraudulent activity or violations of 1o’s Terms of Service. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

6. Intellectual Property Infringement

We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

7. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or 1o Account or any other breach of security. Notwithstanding Sections 19 and 20, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any 1o Account subject to dispute) will be final and binding on all parties.

8. Communications

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to any cellular telephone number you provide to us when you sign-up for a 1o Account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, transaction notifications, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from 1o by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.

9. Paid Services

1o may offer Services to be paid for on a recurring basis (“Subscription Services”) on an as-used basis (“A La Carte Services”) or on a revenue share basis (“Revenue Share Services,” and, together with the Subscription Services, “Paid Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your 1o Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. Revenue Share Services may subject you to fees charged per transaction or per the terms of a separate agreement with 1o. By using an A La Carte Service or Revenue Share Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” or “Revenue Share Fees,” and, together with Subscription Fees, the “Paid Service Fees”).

Paid Service Fees may be paid by debit card, credit card, or deducted from your bank account or transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. If you link a bank account or payment processor account to your account, you authorize us to collect Paid Service Fees by debit from your linked bank account or payment processor account. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, or your linked bank account.

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your 1o Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

10. Modification and Termination

We may terminate these Terms of Service or any Additional Terms, or suspend or terminate your 1o Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your 1o Account. You may also terminate the Terms of Service and Additional Terms applicable to your 1o Account by deactivating your 1o Account at any time.

11. Effect of Termination

If these Terms of Service or your 1o Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following sections of these Terms of Service survive and remain in effect in accordance with their terms upon termination: 5 (Your Content), 6 (Intellectual Property Infringement), 11 (Effect of Termination), 13 (Ownership), 14 (Indemnity), 15 (Representations and Warranties), 16 (No Warranties), 17 (Limitation of Liability and Damages), 18 (Third Party Products), 19 (Disputes), 20 (Binding Individual Arbitration), 21 (Governing Law), 22 (Limitation on Time to Initiate a Dispute), 23 (Assignment), 24 (Third Party Service and Links to Other Web Sites), and 25 (Other Provisions).

12. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these Terms of Service. We may make software updates to the Services available to you, which you must install or deploy to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

13. Ownership

We reserve all rights not expressly granted to you in these Terms of Service. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Terms of Service do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

14. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

15. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms of Service; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms.

16. No Warranties

THE USE OF “1O” IN SECTIONS 16 AND 17 MEANS 1O, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, 1O SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

1O DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

1o does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. 1o does not have control of, or liability for, goods or services that are paid for using the Services.

17. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 1O BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, 1O WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL 1O BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR 1O ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF 1O IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 1O HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

18. Third Party Products

All third party products included or sold with or via the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. 1O MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

19. Disputes

“Disputes” are defined as any claim, controversy, or dispute between you and 1o, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

20. Binding Individual Arbitration

You and 1o agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST 1O. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. 1o will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and 1o also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New Yok, or federal court for the Eastern District of New York.

21. Governing Law

These Terms of Service and any Dispute will be governed by New York law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.

22. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

23. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

24. Third Party Products and Links to Other Websites

You may be offered services, products and promotions provided by third parties and not by 1o, including, but not limited to, third party brands who sell via 1o’s Services (“Third Party Products”). If you decide to use Third Party Products, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Products. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Products with that third party directly in accordance with the terms and conditions of that relationship, and not 1o. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by 1o. Such third party websites are not governed by these Terms of Service. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

25. Other Provisions

These Terms of Service, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and 1o regarding the Services. In the event of a conflict between these Terms of Service and any other 1o agreement or Policy, these Terms of Service will prevail and control the subject matter of such conflict. If any provision of these Terms of Service or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Service do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term.

Cookie Policy

Last updated: August 1, 2019

Cookies are small text files that are stored in a computer’s web browser memory. They help website providers with things like understanding how people use a website, remembering a User’s login details, and storing website preferences. This page explains how we use cookies and other similar technologies to help us ensure that our Services function properly, prevent fraud and other harm, and analyze and improve the Services in accordance with our Privacy Policy. Any capitalized term used and not otherwise defined below has the meaning assigned to it in the Privacy Policy.

1. How We Use Cookies

Cookies play an important role in helping us provide personal, effective and safe Services. We use cookies on our website. We change the cookies periodically as we improve or add to our Services, but we generally use cookies for the following purposes:

a. To Operate Our Services. Some cookies are essential to the operation of our website and Services. We use those cookies in a number of different ways, including:

  • Authentication. We use cookies to remember Your login state so You don’t have to login as You navigate through our site and Your dashboard. For example, when You log into Your 1o dashboard account, we use a cookie so that You don’t have to login again as You navigate throughout the website.
  • Fraud Prevention and Detection. Cookies and similar technologies that we deploy through websites and the Services help us learn things about computers and web browsers used to access the Services. This information helps us monitor for and detect potentially harmful or illegal use of our Services.
  • Site Features and Services. We use cookies to remember how You prefer to use our Services so that You don’t have to reconfigure Your settings each time You log into Your account. For example, You can customize Your 1o Checkout experience by using the “Remember Me” feature to store Your payment details for faster checkout with participating merchants. A cookie helps us associate Your device with the payment details You provide when You sign up for the “Remember Me” feature.

b. To Analyze and Improve Our Services. Cookies help us understand how to make our website and Services work better for You. Cookies tell us how people reach our website and our Users’ websites and they give us insights into improvements or enhancements we need to make to our website and Services.

c. For Better Advertising. Cookies can help us provide more effective advertising on our website. For example, we might use a cookie to help prevent You from seeing the same advertisement multiple times or to measure how many times an advertisement is viewed or clicked on.

2. How We Use Other Technologies.

a. Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of Users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

b. Third Party Analytics. We use Google Analytics or other similar third party analytics platforms, which use cookies and similar technologies, to collect and analyze information about use of the Services and report on activities and trends. These services may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices on the Google website. Please refer to the table below for more on how we use third party analytics.

3. How To Manage Cookies.

Your web browser may allow You to change Your cookie preferences, including to delete and disable 1o cookies. Please consult the help section of Your web browser or follow the links below to understand Your options, but please note that if You choose to disable the cookies, some features of our website or Services may not operate as intended.

4. Cookie Table.

Cookies that we commonly use are listed below. This list is not exhaustive, but describes the main reasons we typically set cookies.

1o cookies

Third party cookies

1o E-Sign Consent

Last updated: August 1, 2019

1o, Inc. and its affiliates and third party service providers (“1o”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services. Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from 1o, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.

Electronic Delivery of Communications and Use of Electronic Signatures

Under this Consent, 1o may provide all Communications electronically by email, by text message, or by making them accessible via 1o websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the 1o Privacy Policy, the Terms of Service and any additional agreements between you and 1o), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

System Requirements

To access and retain the electronic Communications, you will need the following:

  • A computer or mobile device with Internet or mobile connectivity.
  • For desktop website-based Communications:
    • Recent web browser that includes 256-bit encryption;
    • The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and
    • Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version).
  • For application-based Communications:
    • A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
    • The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
  • Access to the email address used to create an account for 1o Services.
  • Sufficient storage space to save Communications and/or a printer to print them.
  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add [email protected] to your email address book.

Paper Delivery of Communications

You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to 1o, Inc., 35 Black Rock Road, Warwick, NY 10990, Attn: Legal (“1o Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications.

Withdrawal of Consent to Electronic Communications

You may withdraw your consent to receive electronic Communications at any time, by writing to the 1o Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and 1o will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).

Updating Your Email Address

You can change your email address by writing to the 1o Address. You may also be able to change your email address yourself through the Services.

Intellectual Property Policy

Last updated: August 1, 2019

Copyright and Trademark Policy

If you believe that third-party material hosted by 1o infringes your copyright or trademark rights, please file a notice of infringement by emailing [email protected]. Please read this entire document before submitting a notice.

Copyright/Trademark Infringement Notice - Framework and Requirements

The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by 1o, 1o’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. 1o applies a similar framework to allegations of trademark infringement.

We send a copy of each notice we receive to the alleged infringer, if applicable.

To submit a notice alleging trademark or copyright infringement, you need to provide us with the following information:

1. An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;

2. A description of the material that you claim has been infringed: a. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; b. For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights;

3. Identification of the claimed infringing material, including the URL(s)of such material on 1o’s applications, websites, or services;

4. Contact information, including the name of the owner of the copyright or trademark at issue and your name, title, address, telephone number, and email address;

5. A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and

6. A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.

Submitting a Copyright/Trademark Infringement Notice

If you believe that third-party material hosted by, posted on, or accessible through 1o’s applications, websites, and services infringes your copyright or trademark rights, please send a notice of infringement to 1o’s designated agent by emailing [email protected].

By submitting the infringement notice, you acknowledge and agree that 1o or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.

Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your copyright or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.

If you prefer, you may also write to us at the following address. If you write to us, please be sure to provide all the information listed above.

1o, Inc. Attn: Legal 35 Black Rock Road, Warwick, NY 10990, USA.

Submitting a Counter-Notice to Challenge a Copyright/Trademark Infringement Notice

If your material has been removed or disabled as a result of an infringement notice and you believe that your material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to 1o’s designated agent at the address above.

The counter-notice must include:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

4. Your name, address, and telephone number; and

5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which 1o may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

1o or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the copyright or trademark owner does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from 1o, then 1o may reinstate the removed or disabled material.

Right of Publicity and Personal Likeness Infringement Policy

If you believe that content hosted by, posted on, or accessible through 1o’s applications, websites or services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may email [email protected].

Repeat Infringer Policy

1o’s policy is to suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally we will terminate an account if it is the subject of three valid infringement notices.

1o’s Trademarks, Logos and Brands Restrictions on Use

Our trademarks, logos, product designs, trade dresses, user interfaces, and other assets may only be used with our permission. For example, only 1o (and its affiliated companies) and its authorized licensees may use the 1o Logo in advertising, promotional, and sales materials. Licensees may use 1o assets only as specified in their agreement with 1o and pursuant to applicable guidelines. Developers and businesses that use 1o payment services on their websites may use specific 1o trademark assets provided within the services.

If you have any questions, or if you see our trademarks being misused, please contact legal department at [email protected]

Trademark Notice

The following is a non-exhaustive list of 1o’s and its affiliated companies’ trademarks.

• 1o

• 1o Logo