Terms of Service

Web Hosting

Digital Marketing

Review Management App

Social Media Marketing

Web Hosting

This policy represents the 1-FIND Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all 1-FIND customers agree to when they sign-up for any of the 1-FIND website hosting services. 1-FIND reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by 1-FIND agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with 1-FIND. 1-FIND retains the sole discretion to make judgment regarding any violation by any 1-FIND customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for 1-FIND maintaining one or more accounts (each "Account"), you, as the 1-FIND customer, agree to the following terms of service.

Definitions

  • "We" "Us" or "Provider" or "1-FIND" - 1-FIND SERVICES
  • "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

1-FIND however, offers a 99.9% uptime guarantee. This is valid for only the 1-FIND servers and our primary co-location internet connection. 1-FIND shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, 1-FIND is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside of 1-FIND capability to directly correct. 1-FIND clients are diverse and their websites and the function of those websites are diverse and 1-FIND cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

1-FIND MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither 1-FIND nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of 1-FIND, even if 1-FIND has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL 1-FIND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE 1-FIND. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF 1-FIND. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF 1-FIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1-FIND. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1-FIND FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, 1-FIND. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold 1-FIND and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto 1-FIND. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to 1-FIND. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by 1-FIND. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of the State of Tennessee without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Tennessee. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By 1-FIND

1-FIND will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows 1-FIND members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. 1-FIND members will use the provided services in a manner consistent with any and all applicable laws. 1-FIND provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. 1-FIND reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, 1-FIND can terminate client's account without notification.

1-FIND.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with 1-FIND.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of 1-FIND.com and any employee or contractor of 1-FIND.com.

1-FIND will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of 1-FIND or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to 1-FIND or any third party. Customers may not run IRC, bots or clients. Clients may not use 1-FIND servers for file storage unrelated to the client's website, storage Space is for active website file pages only. 1-FIND' hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at 1-FIND. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. 1-FIND will be the sole and final arbiter as to what constitutes a violation of this policy. 1-FIND does not normally monitor the contents of clients servers, however if suspicion occurs, 1-FIND reserves the right to investigate and terminate the clients subscription to the service.

No "Spam"

UCE/UBE or "Spam" originating from a server located on our network or associated with a 1-FIND server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the 1-FIND network but is sent from an e-mail address not associated with that 1-FIND account. Client shall not use their 1-FIND services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. 1-FIND reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

1-FIND allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or 1-FIND reserves the right to terminate that clients' account and provide them with a prorated refund.

False Information

Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact 1-FIND concerning unethical, false or unlawful activities by you, 1-FIND reserve the right to suspend or terminate your service with or without notice.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Backup Files

1-FIND provides the tools needed to create backups of account data. 1-FIND also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. 1-FIND does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. 1-FIND does not offer backup of virtual private servers and/or Dedicated Servers.

Payment Obligations

Full payment is required in advance before hosting service is established. 1-FIND sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that 1-FIND may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to 1-FIND prior to the renewal date and although 1-FIND sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying 1-FIND, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

1-FIND may change its prices from time to time. 1-FIND may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account's billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by 1-FIND through your account or other methods of communication and notices sent or posted by 1-FIND.

Renewals

It is the obligation of the 1-FIND customers to know when their account comes up for renewal and, if their intention is to not renew their account, they must fill out the 1-FIND cancellation form 5 business days prior to their account's renewal date to ensure that the billing department can stop any renewal charges. 1-FIND clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer's responsibility to ensure that 1-FIND has a valid email address for which notices can be sent to 1-FIND clients. If 1-FIND does not receive a cancellation request prior to the customer's renewal, 1-FIND will renew the clients' account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow 1-FIND to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30-day money back guarantee applies only to the start date of the clients' service with 1-FIND, and does not apply to renewals of service.

Late Fees

Clients have the option to pay an invoice at any time by logging into their 1-FIND account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to 1-FIND.

Currency

All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.

Coupon Use

Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. 1-FIND has the right to refuse any coupon code that it believes to be invalid. 1-FIND will honor the lowest advertised price on our website located at https://marketing.1-find.com/ at the time of order.

Cancellation & Refunds

Should you become dissatisfied with our services within the first 30 days of your account activation, 1-FIND will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves 1-FIND hosting service within the 30-day money back guarantee.

In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP's, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.

Website files are the responsibility of the 1-FIND customer and should a 1-FIND customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the 1-FIND server prior to requesting that 1-FIND cancels their account. Once the cancellation request has been submitted to 1-FIND a cancellation of the website hosting service may occur any time after the request is received by 1-FIND and when a cancellation request is completed the client's hosting account with 1-FIND and their website files are permanently removed from the 1-FIND servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.

99.9% Service Level Agreement "SLA"

1-FIND offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. 1-FIND will try to maintain maximum uptime. 1-FIND is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee

1-FIND offers an unconditional 30-day money back guarantee that covers cancellations on hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves 1-FIND hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to [email protected].

Maintenance/update requests should fall within the following categories:

  • UI troubleshooting (HTML, CSS, Javascript)
  • Styling elements with CSS
  • Content population
  • WordPress consulting (pick our brains)
  • Optimization of CSS, Javascript and Images
  • Theme/plugin audits
  • Plugin installation and implementation

If you’re unsure about the whether or not a request meets these criteria, contact us and we will either accept or deny the request based on managerial approval.

Examples of requests not meeting approval for monthly maintenance time:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services

Digital Marketing

 

Applicability

These terms apply to digital marketing projects. Some of the terms in this document (such as payment arrangements) may be superseded by other agreements that we will provide to you.

Online Advertising and Marketing Services

1-FIND SERVICES (1-FIND) offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

1-FIND provides inbound digital marketing, search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. 1-FIND will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

Advertising Material

1-FIND has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above or any websites deemed by 1-FIND to be beneficial to your marketing efforts. You authorize 1-FIND to develop content based on information or material provided by you or your designees and collected by 1-FIND including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to 1-FIND is truthful, not misleading, and that you have the authority to represent this product and service information to 1-FIND. Additionally, if so contracted, you authorize 1-FIND to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated and final invoices have been paid.

Fees

You agree to pay 1-FIND monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent 1-FIND Contract. 1-FIND may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.

If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current.  At 90 days past due, the account is to be handed over to collection.

1-FIND has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media.

Payment

The Client agrees to pay 1-FIND compensation for the Services agreed upon between the Client and 1-FIND as set out in this agreement and defined in the contract. as applicable. Payments shall be made on the final day of each month for Services rendered by 1-FIND in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.

Term

The 1-FIND Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than three (3) months for service packages and no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.

Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless 1-FIND against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to 1-FIND resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

No Guarantees

You acknowledge and agree that 1-FIND makes no specific guarantee or warranty regarding search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. 1-FIND makes no specific guarantee or warranty regarding the results of any marketing effort, strategy, campaign or ad conceived, developed, written, designed, published or managed by 1-FIND. 1-FIND does not warrant the number of calls, clicks, impressions, website visits, leads generated or converted, or that paid search advertising will appear in response to any particular query. 1-FIND does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, 1-FIND and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to 1-FIND services.

Limitation of Liability and Applicable Law

The maximum aggregate liability 1-FIND may have to you will be limited to the total amount of fees collected from you. 1-FIND will have no liability in connection with the functionality or content of any platform, 3rd party service, search provider or internet publisher or website not owned by 1-FIND. This agreement shall be governed and construed by the laws of the State of Tennessee. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to 1-FIND. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Washington County, Tennessee using a mutually agreed upon member of the American Arbitration Association.

Force Majeure

Neither you nor 1-FIND will be in breach of its obligations under these Terms of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire, natural disaster or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

Assignment

1-FIND may assign, delegate or subcontract any rights or obligations under these Terms of Service.

Miscellaneous

These Terms and Conditions of Service represent the parties’ entire agreement with regard to 1-FIND’s provision of services. Agreement with these terms and conditions is upon payment, and it will be binding upon you and your successors.

Authority

The person signing the Contract/making payment certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

Effective Upon Execution

Terms and Conditions are binding on both parties on the date the Statement of Work or Service Proposal is signed and/or payment is made.

 THE "SMALL PRINT"

You can't transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Tennessee.

Review Management App

 

Privacy Policy

The Website and Services may allow you, your clients, or your clients’ patients to post personal information, including photographs, on social media or in other publicly available media online. Therefore, it is critical that you review and understand our Privacy Policy, which governs how we use the information you provide. The Privacy Policy is a part of the Terms, and it is binding on both parties. 

Changes to Terms and Privacy Policy

We may change the Terms and the Privacy Policy from time to time. When we do, the version of the Terms and Privacy Policy effective on the date you access the Website or use the Services or Products will govern our interactions. We encourage you to visit these Terms and the Privacy Policy periodically to ensure you understand them. 

Services, Term and Fees

We offer several different Services. These Services may include, but are not limited to: (1) the promotion and facilitation of collecting and publishing feedback, both directly and indirectly; (2) the use of 1-FIND’s platform and dashboard; (3) sending electronic messages; and (4) other services. We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers. This Agreement automatically renews for 30 day periods until terminated by either party by giving notice at least 30 days prior to the end of the then-current term. Fees for Services and Products (“Fees”) are payable as provided on any sign-up document. Additional Fees are applicable for sending electronic messages and will be charged at $0.03 per message sent beyond your messages limits, which are visible in the Business Settings page within 1-FIND. If payment is not received when due, you agree to pay 12% annual interest on any overdue amount. You understand and accept that, unless otherwise expressly stated on the applicable order, our services are subscription services that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment (“Accounts”) will be assessed the specified Fees at regular intervals based on your subscription program (annually, quarterly, or monthly). The Fees will be paid in advance and are charged in the same currency of your ongoing subscription. 

Sign-Up Documents

You may sign up for any Services or Products either in person, online, or over the phone, and any record evidencing such sign-up shall be considered a sign-up document (“Sign-Up Document”). When you sign up, either in writing or orally, you agree to these Terms. If there is any conflict between your Sign-Up Document and these Terms, the Terms of the Sign-Up Document shall govern. 

Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to also receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Received Materials

Any reviews, comments, materials, or letters sent by you to 1-FIND, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), will be deemed by 1-FIND to be non-confidential and free of any claims of intellectual property or other personal rights. We shall have no obligation of any kind with respect to such Received Materials, and we will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, 1-FIND is free to use or sell any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, (including in connection with the sale, acquisition, or merger of 1-FIND or of all or substantially all of 1-FIND’s assets) without compensation or any other obligations to anyone, including you. 

Uploaded Materials

In the course of your use of the Website, you or your clients or patients may upload reviews, photos, stories, experiences, or other materials (“Uploaded Materials”). By providing the Uploaded Materials or allowing them to be provided, you agree that we may use the Uploaded Materials for the purposes of this Agreement. 1-FIND shall have no obligation to compensate you for the use of the Uploaded Materials or derivative works created from the Uploaded Materials. 

Warranty

By providing any Received Materials or Uploaded Materials, the individual posting the information warrants and represents that he or she has sole ownership of such Received Materials or Uploaded Materials and that they are free of any intellectual property claims by any third party. He or she also represents that he or she is in full compliance with all applicable state and federal laws, rules, and regulations. In particular, and without limitation, you warrant and represent that your use of the Services and Website will not violate any obligation with respect to the the Telephone Consumer Protection Act of 1991, the Health Insurance Portability and Accountability Act of 1996, the Gramm-Leach-Bliley Act of 1999, and any other applicable federal or state law and amendments thereto. If monitoring and managing your online reviews or ratings is included in the services you order, you represent and warrant that (a) you are authorized to provide us with any customer, patient, and user information that you provide to us in connection with such services (the “Reviewer Information”), including any personally identifying information of those parties; (b our possession and/or use of the Reviewer Information on your behalf in connection with the Services will not violate any contract, statute, or regulation; and (c) any content that you and/or your authorized representative(s) submit for publication on an online review or ratings website as a provider of goods or services will be true and accurate, are the original work of your authorship, and will only concern you and the goods and/or services that you provide, (d) you and/or your authorized representative(s) will only request reviews via the 1-FIND.co platform from actual paying customers. We will not be held liable for any consequences of false and/or inaccurate content published to an online review or ratings website through the 1-FIND.co platform. 

Waiver of Restrictions

Various state, provincial, and federal laws may restrict the use of personal information similar to the information you provide on the Website. By providing information, the use and collection of which may be restricted by law, you waive any protections or restrictions related to such information. 

Use by Children Under 13

The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In order to exceed the compliance requirements of COPPA, we do not target children under 18, nor do we knowingly collect any information from children under 18 or allow plug-ins or other services to collect such information without express written consent from their parents or guardians. We also prohibit children under 18 from posting any information on the Website without written parental consent. By using any of the Services or posting any information about yourself, you warrant that you are at least 18 years old. In addition, you may not post any photos or other information about any individual who is under 18 without obtaining written parental consent. If you become aware of any materials posted by a child under age 18, please notify us immediately. 

Claims of Copyright Infringement

We comply with the “safe harbor” provisions of the Digital Millennium Copyright Act of 1998. 

License and Restrictions

Subject to the provisions of this Agreement, including any payment obligations, 1-FIND grants you a limited, non-exclusive, non-transferable right to access the Website and to use the Services. 1-FIND retains all intellectual property rights to its intellectual property and the Received Materials and Uploaded Materials. The Website, Services, and Products involve information, methods and processes that contain valuable proprietary information and trade secrets of 1-FIND, embodying substantial creative efforts and confidential information, ideas, and expressions. You agree that you will not attempt to scrape or collect information from, to modify, translate, disassemble, create derivative works based on, reverse-assemble, reverse-compile or otherwise reverse-engineer the Website, the Services, the Products or any information obtained therefrom, in whole or in part, or to otherwise use, copy, reproduce or distribute any such information. The provisions of this section shall survive the termination of this Agreement. 

Term and Termination; Survival
(a) These Terms of Service will commence on the day you first use the Site or Services and will continue into force until terminated by either party (the “Term”).  If the parties have entered into a Service Agreement, then these Terms of Service will continue into force until terminated pursuant to the Service Agreement.  If the parties have not entered into a Service Agreement, then either party may terminate these Terms of Service as follows: (a) we may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Site; (b) you may terminate these Terms of Service at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Site) that your User ID be deleted, ceasing use of the Site or Services.

Your Account Data:

You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer and the Products, and you agree to accept responsibility for all activities that occur under your account or password, including any photos or information posted by clients or patients. 1-FIND reserves the right (but does not accept any obligation) to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account. 

DISCLAIMER OF LIABILITY AND WARRANTY. YOU ACCESS AND USE THE WEBSITE, THE SERVICES, PRODUCTS, AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 1-FIND DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE WEBSITE, THE SERVICES, THE PRODUCTS, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, INCLUDING ANY REVIEWS RELATED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, 1-FIND DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES OR PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

LIMITATION ON LIABILITY. IN NO EVENT WILL 1-FIND, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY DAMAGES ARISING OUT OF ANY ACCIDENT THAT OCCURS IN RELIANCE UPON THE INFORMATION PROVIDED BY THE WEBSITE, OR OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL 1-FIND’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES AND PRODUCTS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $500.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE SERVICES CAN BE MADE AVAILABLE FOR FREE OR AT REDUCED PRICES, ONLY BECAUSE OF 1-FIND’S RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

Indemnity and Hold Harmless

You agree to defend, indemnify, and hold harmless 1-FIND from and against any losses, claims, judgments, damages, and settlements, including but not limited to third-party claims, which arise out of or are related in any way to (1) your use of or reliance upon the Website, the Services, Products, or reviews or other information provided by 1-FIND, to plan or carry out any activity, (2) a claim that the Received Materials or Uploaded Materials that you provide infringe upon any intellectual property or privacy rights of any third party, (3) any claim of a governmental entity or other party that you have violated any law, rule, or regulation, and (4) any breach by you of the obligations, representations, and warranties made by you in this Agreement. 

Outside Links and Services

1-FIND may use or access tools or programs provided by third parties as part of the Services. You agree to hold harmless 1-FIND from and against any claim based on the inaccuracy or other fault of such third party services. 

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Washington County, Tennessee using a mutually agreed upon member of the American Arbitration Association. 

Limitation of Liability and Applicable Law

The maximum aggregate liability 1-FIND may have to you will be limited to the total amount of fees collected from you. 1-FIND will have no liability in connection with the functionality or content of any platform, 3rd party service, search provider or internet publisher or website not owned by 1-FIND. This agreement shall be governed and construed by the laws of the State of Tennessee. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to 1-FIND. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Washington County, Tennessee using a mutually agreed upon member of the American Arbitration Association.

Entire Agreement, Amendment

The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties. 

Non-Waiver

No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision. 

No Third-Party Beneficiaries

Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever. 

Headings

The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings. 

Content of Uploaded Material:

You warrant and represent that you will not upload or post any material that is violent, unduly graphic, pornographic, racist, or offensive, or that violates the intellectual property rights of any third party. If 1-FIND learns of materials that it believes in its sole discretion violates this requirement, it may delete such information and, in certain cases, terminate your access to the Website, Services, and Products. 

Independent Contractor:

It is the express intention of the parties that the parties act as independent contractors. Without limiting the generality of the foregoing, neither party is authorized to bind the other party to any liability or obligation or to represent that such party has any authority. 

Severability, Binding Effect

If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns. 

Force Majeure

1-FIND will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond 1-FIND’s reasonable control. 

Social Media Marketing

SERVICES

1-FIND will provide Services to You as outlined on the 1-FIND website (marketing.1-find.com). This agreement supersedes all agreements, and is shown to you when you sign up, for you to sign and agree to. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to.

Due to the nature of working with third party platforms like Facebook, Instagram, Twitter, and LinkedIn, sometimes we have no control over issues that may occur such as disconnections or password changes. If you change your password, you are asked to report the change to 1-FIND immediately as not to interrupt your service. It is good practice to check your accounts and our work at least once a week, also to provide us direction and feedback. In the case of a disconnect, or inability for us to access the account to post, you agree to not hold 1-FIND liable. As long as we have access to one platform and are posting according to schedule (5 weekdays a week), we are fulfilling our service as described. If we don’t have access to any platforms, we have the availability to make up any missed posts by posting two times a day until the accrued missed posts have been made up. Missed posts due to lock out by no fault of 1-FIND is not grounds for a refund. Keep reading for information on our cancellation and refund policies.

1-FIND OBLIGATIONS

1-FIND will provide Services to you in accordance with 1-FIND’s standard policies and procedures. 1-FIND reserves the right to reject Clients for any other reason, is 1-FIND’s sole discretion. 1-FIND will be responsible for all aspects of providing the Services.

All 1-FIND rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and 1-FIND may change its rules, policies and operating procedures from time to time in its sole discretion. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we still can offer it, but that is at 1-FIND ’s sole discretion.

SERVICE DESCRIPTIONS, FEES AND PAYMENT

All fees for Services provided to you are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.

Initial charges for service will be paid in advance of service. Thereafter, 1-FIND will attempt to charge your credit card on the monthly anniversary date of the client first ordering services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.

Except in the case of a material breach of this agreement by 1-FIND , 1-FIND does not issue refunds of any fees for any reason. Fees due to 1-FIND are not contingent upon any form of marketing results. You are paying for time and work performed. 1-FIND offers credits for any true mistakes made on our side with evidence to support it.

Cancellation Policy Cancellations are required at least 7 days before a client’s next billing date by submitting a cancellation email to [email protected]. Cancellations need to be processed and confirmed by our billing department. Cancel requests sent to employees outside of the billing department are not guaranteed. We do not issue prorated refunds for cancellations received early in a billing period, but we will finish out the month(s) if requested (this includes multi-month plans where the client has received a discount, however we will require the discounted price to be voided and be paid the difference before continuation of service).

Continuation of work on a client that is past due who did not cancel will result in accrued back-payments due, but we do not charge interest. We promise to keep accurate records of all communication and work performed to justify the back-payment due.

Our Services officially start the day you sign up and we begin the on-boarding process, not when we first post. We do not charge a setup fee for this very reason. This setup work and on-boarding fee is included in the monthly payment. If onboarding goes beyond 4 business days because of 1-FIND ’s delay, the client NOT getting us what we need promptly (we have another clause for this), we will move your billing date to ensure you get a full month of service once you are onboarded with at least one profile.

This Agreement will supersede and replace all other agreements between the Parties of the same subject matter, including any agreements, directions, or claims made by 1-FIND employees, unless a formal variance is confirmed and agreed to by the client and executive level management at 1-FIND LLC. This includes the CEO and President of 1-FIND .

Posting to Multiple Platforms and Missed Posts Many of our packages include posting to multiple platforms through a platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons out of our control. Our pricing model is based on posts going out on a minimum of one channel, whereas all additional platforms are considered free additions (For example, if a client wants Facebook alone, it does not reduce our package pricing because the client is not utilizing LinkedIn or Twitter). We request our clients check their social media accounts twice a week not just to review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if 1-FIND is posting to at least 1 social media channel we are fulfilling our contractual obligation as laid out in our terms and conditions. We realize this can be frustrating, so in the event of missed posts for any one of your profiles, we agree to give you credit for this in the form of pushing back your billing date by a proportionate value of days respective of missed post volume (up to a maximum of two weeks). This ensures you get a full month of service in its entirety in this unfortunate event. There will be no refunds in the event of additional profiles receiving no posts for any period of time because of this agreed upon credit.

Quality of Posting Social media is a very personalized services, what some clients like, others do not. For packages that cost $149 or under, all work is final, there is no review. If there are typos, or posts going out on the wrong day (i.e. a Christmas Day post going out on December 28th), this is typically caused by edits being made and changing the date queue in our publishing software through your revisions being made. In this event, we will provide a credit of 5% (basically the cost of one post) based on your package level per post issue. We do not refund for typos or posts going out a date it was meant for another. Even though we do follow a “No typo policy” and our social media managers are penalized, you agree to accept a credit for all incidents like the examples mentioned above.

Packages that include content review, or plans, will continue to be fulfilled even when the client does not respond to or mark their content for approval. Unless the plan is cancelled, 1-FIND will continue to provide services. If a client fails to approve content for any period of time, they can simply start approving again whenever they are ready. Our policy is to pause billing while the backlogged plans that were already created get approved and posted to the client’s account. At this time, the client can either cancel or resume normal billing. you agree to one round of edits per week of plans.

You agree to review your social media accounts regularly. You agree to spend 10 minutes every other week to review all of your social media accounts to ensure our posts meet your satisfaction, and no platforms are missing posts. 1-FIND is not responsible for posts missed on any platforms (due to disconnects out of our control like changed passwords or security lock outs), or editing/removing content that has been posted over two weeks ago, or longer. If you do not engage content review, we will not edit any previous posts, but we will take them down (up to 2 weeks) if you choose not to do it yourself.

Facebook and Instagram Advertising Similar to our content plans, advertising clients assume full responsibility for monitoring their ad spend on a bi-weekly basis (there is an app on your phone for this, just ask). You agree not to hold 1-FIND liable for any ad spend paid to Facebook Inc. beyond a two-week period. Please be aware that social advertising is a “top heavy” service, this means a great deal of work and resources are invested before a campaign ever even goes live. This includes competitor analysis, audit of your website and Facebook page, target audience development, creative development, and so much more (easily 30-40 hours of work). This can cause a campaign to go live in the second billing period where we move into the optimization phase. During the optimization phase we work to find the best performing ad sets, widen or constrict the target audience, interpret the analytics, and possibly even start an entirely new ad set. In the event of a client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, 1-FIND cannot be responsible for advertising expenditures after a client relationship has terminated or beyond the two-week monitoring period. This is good business practice to monitor ad spending especially if you’re staying on top of your bookkeeping. 1-FIND fees are not contingent upon campaign results. There are no refunds for campaigns where a client does not take full advantage of all services included in a package they purchase. Delays caused by Facebooks ad rejections that last longer than 7 days will result in a credit corresponding to the delay in campaign start date in the form of a credit in moving back your billing date. This is the only situation where an ad date will be moved back. There are no refunds whatsoever, even if none of your ads are approved by Facebook, or they disable your ad account.

Less Tech-Savvy Clients Some of our clients are just not experienced using computers, or various software, or even just social media in general. For this reason, we spend extensive amounts of time working on getting your account onboarded so we can provide the service. This connecting, explaining, back and forth emailing, phone calls, all constitutes work on your account. Every employee tracks their time with software called Hubstaff, and if we spent longer than 30 minutes working to onboard your account, there will be no full refund if you decide to cancel. You still of course have the option to continue and finish your month of service. But simply giving up because you’re frustrated does not erase the amount of work and time we have spent on your business.

WARRANTY DISCLAIMERS

REFUND POLICY Once you have paid, and completed a service agreement there are no full refunds. Throughout this contract, it is explained that due to the nature of working on third party platforms, disconnections, clients not checking our work on time, the fact that we are a month to month subscription service (and not a full service agency) and you’re only committing to one month, there are absolutely no refunds. In the event we didn’t deliver at least one post on a weekday, you agree to accept a credit in the amount of the value of that post. This policy applies up to two weeks, as you agree to check your social bi-weekly.

1-FIND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

INDEMNITY
You will indemnify and hold harmless 1-FIND and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by you of any of the terms of this Agreement.

Social Media Account Suspensions, Loss of Access, or Deletion   You will indemnify and hold harmless 1-FIND and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any issues with social media account suspensions, copyright issues, accidental loss of access or deletion, or any other issues with regards to third-party platforms. Reasons you may experience a social media account suspension or disablement include, but are not limited to, the use of bots or plug-ins that don’t abide by the social platforms TOS, creating a personal account as a business account, not verifying your account (for example, not verifying your Twitter or Instagram account with an email, and often adding a phone number that can receive texts to verify the account), personal accounts should have the profile picture of a real person, not a logo, and be treated like a person, not a business. That’s what business pages are for. As mentioned above, it’s required for you to login to your social media accounts regularly (every two weeks is standard, but at least once a month) to ensure they stay active and don’t get flagged from sources posting to your accounts all the time without the account owner ever logging in. This is an important responsibility of yours as the client. This same clause applies to a reseller’s client as well as you have been asked to have them sign a similar contract.

1-FIND uses only content provided by the client, or one of several photography databases that offer royalty free images for marketing use. We pay for many of these services. Regardless, you will indemnify and hold harmless 1-FIND and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any issues with content posted to a client’s social media account that results in any claims of copyright infringement. you agree to assume full responsibility for the content posted to their accounts.

LIMITATION OF LIABILITY

1-FIND SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF 1-FIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1-FIND LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO 1-FIND BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

MISCELLANEOUS

This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in 1-FIND ’s sole discretion, and the most current agreement will always be published here. An email communication sent to your last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that you may not assign this Agreement, in whole or in part, without 1-FIND ’s prior written consent and any assignment by you without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Tennessee without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Johnson City, Tennessee, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

Last updated April 3, 2021