Thank you for your interest in the 1Konnection Application and web-based service provided to you by 1Konnection Technologies, INC., a Delaware Limited Liability Corporation ("1Konnection", "us" or "we"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Application and web based services. These Terms constitute a legal agreement between you and 1Konnection. In order to use the Application you must agree to these Terms.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Application in any manner, and each of your heirs, assigns, and successors.
HIPAA & CMIA establish standards to protect users of the individuals’ medical records and other personal health information. Our Service has appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. For any questions regarding the use of Personal Information please refer to our Privacy Policy.
1Konnection provides a service that assists in the commercial real estate purchase/sale process of Healthcare Real Estate. We are not licensed real estate brokers, we require that any seller or lessor offering a property via the Services be represented by a broker unless the seller or lessor is a licensed real estate broker or unless otherwise unnecessary. Sellers and lessors may, in their sole discretion, offer commissions for properties subject to the seller’s or lessor’s terms and conditions. Customer must maintain its own Internet access to use 1Konnection services. Customer agrees to comply with any guidelines or restrictions on use contained in any content available on or accessed through the Website, including software or content that is protected by copyright, trademark or other proprietary rights of 1Konnection or third parties. 1Konnection does not grant Customer any right to use its trademarks, trade names, or logos. Customer may not sell or resell 1Konnection services in whole or in part.
The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
The information provided by 1Konnection along with the content on our Application related to real estate or legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
All payments for such services are final and non-refundable, and will be quoted in the local currency of the location where the order is being delivered or picked up. 1Konnection has no obligation to provide refunds or credits.
1Konnection does not claim ownership of any documents you either create or upload and store using our Services ("Documents"). You grant permission for 1Konnection to use your Documents in connection with providing Services to you.
You acknowledge and agree that 1Konnection may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of 1Konnection, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that 1Konnection has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
To use the Service, you must be the legal age of majority or otherwise able to form a binding contract under applicable laws and regulations.
You acknowledge and agree that you have exclusive control and responsibility for the content of documents signed using the Service. Some jurisdictions have rules prohibiting or limiting the use of electronic signatures in certain types of documents (e.g., estate planning laws, family planning laws, consumer protection laws, government contracting rules, etc.). Further, some jurisdictions outside the United States and European Union have not passed laws authorizing the use of electronic signatures. You agree that you (and not 1Konnection) are solely responsible for determining whether your particular use of the Service complies with the applicable laws of your jurisdiction. 1Konnection has no duty to monitor the contents or ensure the legality of documents signed using the Service.
By using the Service, you agree that you are solely responsible for complying with all applicable document retention laws and regulations pertaining to your electronically signed documents. 1Konnection has no obligation to determine how long any electronically signed documents are required to be retained under applicable laws and regulations.
You are responsible for the security of documents that are emailed to you and other users of the Service, downloaded from the Service or transferred to another system by API or other integration with the Service.
You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by 1Konnection to access or use our Application or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, 1Konnection reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
The following are specifically excluded or prohibited:
Additionally, you agree that you will not:
Engage in any activity that:
We conduct regular of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section or any other terms of these Terms & Conditions.
We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered 1Konnection user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on 1Konnection. You may not copy the content of 1Konnection's forms or agreements for use or sale outside of 1Konnection. Any rights not expressly granted in these Terms are reserved by 1Konnection.
To access some features of the Web Browser or Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
1KONNECTION WILL NOT BE LIABLE AND YOU MAY BE LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND LAWYERS’ FEES INCURRED BY 1KONNECTION OR A THIRD PARTY ARISING FROM SOMEONE ELSE USING YOUR ACCOUNT DUE TO YOUR CONDUCT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. YOU UNDERSTAND AND AGREE THAT WE MAY REQUIRE YOU TO PROVIDE INFORMATION THAT MAY BE USED TO CONFIRM YOUR IDENTITY AND HELP ENSURE THE SECURITY OF YOUR ACCOUNT.
1Konnection is not an employment service and does not serve as an employer of any Real Estate professional. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, 1Konnection is not acting and does not act as an agent or broker for any users of the 1Konnection Service.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of 1Konnection, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Application, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3).
During the use of the 1Konnection Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, services from, participate in promotions of third parties. These links take you off the 1Konnection Service and are beyond 1Konnections control.
During use of the 1Konnection Service, you may enter into correspondence with, services from, or participate in promotions of third party, advertisers or sponsors showing their goods and/or services through a link on the 1Konnection Service. These links take you off the 1Konnection Service and are beyond 1Konnections control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. 1Konnection is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
1Konnection is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the 1Konnection Service). 1Konnection is not obliged to give notice of the termination of the Agreement in advance. After termination 1Konnection will give notice thereof if required by these User Terms.
By using the 1Konnection Service, you agree that you shall defend, indemnify and hold 1Konnection, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;, or (b) your use or misuse of the 1Konnection Service.
The information, software, products, and services made available through 1Konnection may include inaccuracies or typographical errors. 1Konnection and/or its suppliers may at any time make improvements or changes to our Services. Information received via 1Konnection should not be relied upon for personal, Real Estate, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE 1KONNECTION ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. YOU UNDERSTAND THAT ANY TRANSACTIONS BASED ON OR RELATED TO INFORMATION OBTAINED FROM THE SERVICE ARE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, 1KONNECTION AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, REAL ESTATE, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 1KONNECTION, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT 1KONNECTION HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any 1Konnection Material nor will you utilize 1Konnection Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
Except as expressly provided in these Terms, the maximum liability of 1Konnection is the amount paid to 1Konnection by the customer. The maximum liability of 1Konnection for any 1Konnection Services is the portion of the amount paid to 1Konnection by the customer specifically for the 1Konnection Services as calculated by 1Konnection.
1Konnection is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier, or Merchant, or other third party. Disputes between you and 1Konnection are subject to this Section. You and 1Konnection agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.
In the interest of resolving Disputes between you and 1Konnection in the most expedient and cost effective manner, you and 1Konnection agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Application, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 1KONNECTION ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Arbitration between you and 1Konnection shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrarily.
YOU AND 1KONNECTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and 1Konnection agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Website, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Application following any such change constitutes your agreement to be bound by the modified Terms.
You acknowledge and agree that if 1Konnection modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with 1Konnection to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
EACH PARTICIPANT SPECIFICALLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND OTHER SUBSTANTIALLY SIMILAR APPLICABLE STATE STATUTES) WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and 1Konnection agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any Dispute. We operate the Application from our offices in Delaware, and we make no representation that materials included in the Application are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, 1Konnection or any third-party provider as a result of the Terms or use of the Application.
Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of 1Konnection to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 1Konnection in writing.
Any fees that the Company may charge you for the Application or Service are due immediately and are non-refundable. The company does not have to refund you for any charges or fees you have paid no matter what the scenario. The company reserves the right to refund you if deemed necessary. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the Application may not reflect the prevailing pricing.
These Terms comprise the entire agreement between you and 1Konnection and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
All headings and numbering in the Agreement are for convenience of reference only and shall in no way be used in interpretation of any of the provisions in the Agreement.
For the purposes of this clause, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other. The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
Notice & Contact
1Konnection may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Application or via email to the email address listed on your 1Konnection account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S. postal mail or any other mail carrier service at the following address:
Address
16192 Coastal Highway,
Lewes, Delaware 19958
1Konnection Refer-a-Deal Promotional Program Terms & Conditions As a Refer-a-Deal member (a “Referrer”), you are subject to 1Konnection’s’ Terms of Use and as well as the following additional Terms & Conditions for 1Konnection's Refer-a-Deal program: