PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE AND DMCA NOTICE Effective Date: January 1, 2010
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this OneDesk.com website business, OneDesk, Inc. ("OneDesk"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and OneDesk.
2. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
3. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
5. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by us or others. Except for the limited rights granted above, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
OneDesk, Inc.
774 Decarie Suite 205
St-Laurent, QC, Canada, H4L3L5
Agent's Name/Email Address: hello-at-OneDesk.com
Telephone:
Facsimile: 514-731-3348

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
13. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
OneDesk, Inc.
774 Decarie Suite 205
St-Laurent, QC, Canada, H4L3L5
Contact: hello-at-OneDesk.com
Telephone:514-731-6878
Facsimile:514-731-3348

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Montreal, Quebec, Canada, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Province of Quebec, Canada to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. Jurisdiction And Venue. The courts of Montreal in the Province of Quebec, Canada shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
18. Controlling Law. This Agreement shall be construed under the laws of the Province of Quebec, Canada, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Intended for use only within countries and locations where content is appropriate/legal including the United States and Canada. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
20. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
22. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
-- Material Modifications Since January 1, 2010: none.
Copyright © 2001-10 Digital Contracts, Inc. (http://www.digicontracts.com/). All Rights Reserved (this is not a Creative Commons license). This document is licensed only for use by the owner of this website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited.
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PLEASE READ THIS PRIVACY POLICY CAREFULLY. By accessing or otherwise using this OneDesk.com site, you agree to be bound contractually by this Privacy Policy.
PRIVACY POLICY Effective Date: January 1, 2010
To review material modifications and their effective dates scroll to the bottom of the page.
1. Privacy Statement; Collection of Personal Information.
1.1 OneDesk, Inc. ("OneDesk") owns and operates this website business. All references to "we", "us", this "website" or this "site" shall be construed to mean OneDesk.
1.2 We understand that visitors to this website are concerned about the privacy of information. The following describes our privacy policy regarding information, including personal information, that we collect through this website.
2. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the "Privacy Policy" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy. You should check the Privacy Policy through this link periodically for modifications by clicking on the link provided near the top of the Privacy Policy for a listing of material modifications and their effective dates. Regarding personal information, if any modifications are materially less restrictive on our use or disclosure of the personal information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
3. Collection of Anonymous, Passive Information. We reserve the right to monitor your use of this site. As you navigate through this site, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). The following is a listing and a brief explanation of passive information collection methodologies which we may use from time to time to better understand how this site is being used.
3.1 A "cookie" is a text file that this site sends to your browser in the form of a text file The information generated by the cookie about your use of this site (including your IP address) will be transmitted to and stored. Most browsers automatically accept cookies, but they usually can be modified to decline cookies if you prefer; however, certain features of this site might not work without cookies.
3.2 "Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.
3.3 "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided, helping to determine what areas of the site you may find most valuable, and customizing the site based on your preferences on an ongoing basis. Persistent cookies placed by this site in your computer do not hold personal information.
3.4 You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
3.5 An Internet Protocol (IP) address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in many cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.
3.6 "Internet tags" (also known as Web Beacons, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) tell the website server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.
3.7 "Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
4. Use and Sharing of Anonymous, Passive Information. This site may make full use of passively collected anonymous information, including without limitation the right to use such information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve this site for your use. We reserve the right to share this anonymous, passive information in aggregated form.
5. 3rd Party Behavioral Ads; Google's AdSense Network.
5.1 We reserve the right to use anonymous, passive information about your visits to this and other websites (not including your name, address, email address or telephone number) for purposes of serving our ads and third party ads that are targeted to your interests ("3rd Party Behavioral Ads"). We reserve the right to share anonymous, passive information collected on this site with third parties for purposes of serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not identify you personally. Instead, they associate your behavioral data on visited sites with your browser, so that the ads your computer sees on this site are more likely to be relevant to your interests. 3rd Party Behavioral Ads require that that you be served with a cookie containing a tracking code. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this site.
5.2 We reserve the right to participate in Google's AdSense network for purposes of serving 3rd Party Behavioral Ads. Google uses DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the AdSense network. You may opt out of the use of the DART cookie. For information regarding how to opt out, go to http://www.google.com/privacy_ads.html.
6. Use of 3rd Party Cookies. We reserve the right to use web analytics services provided by third parties. These services use 3rd party cookies to collect anonymous, passive information about your use of this site (see explanation of cookies in Collection of Anonymous, Passive Information above). We use this information for the purpose of evaluating your use of this site, compiling reports on website activity, and providing other services. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.
7. Collection of Personal Information; Categories.
7.1 We will ask you for personal information when you sign up for any specific benefit or purpose that requires registration. Personal information that we collect may vary with the each registration, and it may include one or more of the following categories: name, physical address, an email address, phone number, and credit card information including credit card number, expiration date, and billing address.
7.2 We do NOT tie or link your personal information to anonymous, passive information with persistent identifiers. For example, we would not tie or link your email address (personal information) with information collected by a cookie regarding the length of time you visit our site anonymous, passive information).
8. Use And Sharing of Personal Information: General Policy And Exceptions. Our general policy (subject to the exceptions listed below) is that we will use your personal information only for: the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site, and we will not share, sell, or rent your personal information to others. The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve through our site.
8.1 Affiliates And Service Providers. We reserve the right to provide such information to our affiliates or subsidiaries, or trusted service providers for the purpose of hosting our servers or processing or archiving personal information for us. We require that these parties agree to privacy and security safeguards for this information that are consistent with this Privacy Policy.
8.2 Acquisition; Bankruptcy. In the event that we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer such information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer such information to protect our rights or as required by law.
8.3 Enforcement; Legal Process. We reserve the right to transfer such information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request, or (ii) to investigate or enforce violations of our rights or the security of this site.
8.4 Third Parties For Direct Marketing; Your California Privacy Rights. We may provide you with the opportunity to receive promotional offers from specifically identified third-parties through their direct marketing efforts, but only if you explicitly consent (opt-in) to receive each offer. If you explicitly consent (opt-in), your personal information will be shared only with the specifically identified third-party to enable them to provide you with the offer you have requested, and then only in connection with that specific promotion and not on a continual basis. Any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should review any privacy policies posted on any of these sites before providing information to them. California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of their personal information to third parties for purposes of direct marketing. You may request further information about our compliance with California Civil Code Section 1798.83 at the following email address: hello-at-OneDesk.com. Please note that we are only required to respond to one request per registrant each year, and we are not required to respond to requests made by means other than through this the address provided above.
8.5 Miscellaneous. We reserve the right to share personal information with the following additional parties: online resellers of our products and services from whose site the sale originated (even though the sale originates at site of the reseller, registration and collection of personal information occurs at this site).
9. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of personal information outside your country of residence to any such location.
10. Security of Personal Information. We follow reasonable and appropriate industry standards to protect your personal information and data. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
11. Changing And Updating Personal Information. Upon request, we will permit you to request or make changes or updates to your personal information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your personal information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
12. Email; Promotional Offers From Us; Opt-Out Rights. If you supply us with your e-mail address you may receive promotional offers from third party sponsors which we select; however, in these instances, we do NOT share your personal information with the third party sponsors for purposes of the mailing; we do the mailing for them. However, if you do accept any of these promotional offers, any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
13. Links To Other Sites Including Online Ads. This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. Any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
14. Children's Online Policy. We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under "Contact Us", and be sure to include in your message the same login information that your child submitted.
15. Email And Other Messages Through This Site; ECPA Notice. This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited ability to intercept and/or disclose electronic messages, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
16. Contact Us. If you have any questions regarding this Privacy Policy, please contact the owner and operator of this website business at:
OneDesk, Inc.
Attn: Privacy Policy Officer
774 Decarie, Suite 205
St-Laurent, ___, H4L3L5
Email: hello-at-OneDesk.com
Telephone: 514-731-6878
Facsimile: 514-731-3348

-- Material Modifications Since January 1, 2010: none.
Copyright © 2001-10 Digital Contracts, Inc. (http://www.digicontracts.com/). All Rights Reserved (this is not a Creative Commons license). This document is licensed only for use by the owner of this website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited.
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ONEDESK, INC. ("ONEDESK") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN ONEDESK IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
SUBSCRIPTION AGREEMENT Effective Date: January 1, 2010
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to this legal Agreement are you, and the owner of this OneDesk.com website business, OneDesk. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean this OneDesk.com website business and OneDesk.
2. Agreement. The legal Agreement between you and OneDesk consists of this SUBSCRIPTION AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site’s home page. If there is any conflict between this SUBSCRIPTION AGREEMENT and the Terms of Use, this SUBSCRIPTION AGREEMENT shall take precedence.
3. Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. Subscription Eligibility. Subscriptions are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.
5. Subscription Services. Subscription services include access to the OneDesk online software ("Services"). We reserve the right to update and modify the Services from time to time.
6. Subscription Use And Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site's Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.
6.1 You will be granted a single login ID and password for each subscription that you purchase, and your access and use the Services will be limited to one person at a time per ID and password. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content; (iii) except for linking to this site’s home page, create Internet links to the site, its Services or content, or (iv) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device.
6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
7. Ownership. We are the sole owner of this website business, the Services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to this site or the Services. This Agreement is not a sale and does not convey to you any rights of ownership. Our name, logo, and the product/services names associated with this site are our proprietary trademarks (and our licensors’, where applicable), and no right or license is granted to use them.
8. Subscription Term. The term of your subscription shall be specified during the registration process. After the expiration of this term, you may purchase another subscription in accordance with the terms and conditions posted at this site.
9. Termination. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.
10. Subscription Fees; Periodic Payment.
10.1 Payment of subscription fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.
10.2 I hereby authorize OneDesk to charge the credit card used in the registration process, as follows: charges will be monthly, annually, or bi-annually, for the dollar amount, and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.
11. Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.
12. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Intended for use only within countries and locations where content is appropriate/legal including the United States and Canada. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
15. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
16. Export Control. This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
17. Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
18. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
19. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
20. Monitoring. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
21. Privacy And Security. You may access, read, and print our policies regarding privacy and security through the Privacy Policy link on our site's home page. As stated in our Privacy Policy, we reserve the right to modify our terms regarding privacy and security from time to time. In your review of our Privacy Policy, please note our policies regarding email notice to you and your rights to opt out of such emails. Provided that we comply with the security policies specified in our Privacy Policy, we will not, under any circumstances, be held responsible or liable for situations where information or transmissions are accessed by third parties through illegal or illicit means or through the exploitation of security vulnerabilities in our site and network. We will promptly report to you any unauthorized access to your information promptly upon discovery, and we will use diligent efforts to promptly remedy any security vulnerability that permitted the unauthorized access. If notification to persons affected by the unauthorized access is required, you agree to be solely responsible for any and all such notifications at your expense.
22. Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by confirmed facsimile to us at the following fax number, 514-731-3348; or (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: OneDesk, Inc., 774 Decarie, Suite 205, St-Laurent, Canada H4L3L5, in either case, addressed to the attention of "President of the Company". Notices will not be effective unless sent in accordance with the above requirements.
23. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Montreal, Quebec, Canada, and may be conducted by telephone or online. The arbitrator shall apply the laws of Province of Quebec, Canada to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
24. Jurisdiction And Venue. The courts of Montreal in the Province of Quebec, Canada shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
25. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
26. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
27. U.S. Government End-Users. The software for this site consists of "commercial items," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end-users of this site acquire only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
28. Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following: License Restrictions, Warranty Disclaimer, Limitation of Liability, Privacy And Security, Notices, Arbitration, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.
29. Miscellaneous. This Agreement, our Terms of Use, and our Privacy Policy (collectively the "Website Terms and Conditions") constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements. If any provision of these Website Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. These Website Terms and Conditions shall be construed under the laws of Province of Quebec, Canada, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.
-- Material Modifications Since January 1, 2010: none.
------------------------------------------------------------------------------------------------------------ LEGAL-FTC GUIDES DISCLOSURES
Copyright 2010 OneDesk, Inc. All rights reserved worldwide.
OneDesk, OneDesk.com of OneDesk, Inc. - all other trademarks are the property of their respective owners.
1. FTC Disclosure Policy - Material Connections with Endorsers. The Federal Trade Commission (FTC) requires that we disclose any material connection we may have with anyone who provides testimonials or comments (endorser) regarding our website, its products or services (16 CFR, Part 255 - Guides Concerning the Use of Endorsements and Testimonials in Advertising). Material connections involve the payment of compensation to endorsers or providing free promotional materials or benefits to endorsers.
1.1 No Commissions or Fees. None of the endorsers who provide testimonials or comments on this site regarding this site, its products or services receive payment in the form of affiliate commissions, referral fees, or other fees from us. To the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
1.2 Free Promotional Materials or Benefits. Some or all of the endorsers who provide testimonials or comments on this site regarding this site, its products or services may have received free promotional materials or benefits from us. Although you might assume that these endorsements are biased by reason of these free promotional materials or benefits, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
1.3 Testimonials We Post. We do NOT post testimonials as blog posts on our site. For Testimonials we post elsewhere on our site that are in the nature of "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), we have data that will substantiate the results and also provide statements of expected typical results we believe consumers will generally achieve with our product or service, and we will provide this information upon request (email hello-at-OneDesk.com). For Testimonials we post elsewhere on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions. If you're not sure regarding whether a particular testimonial is a "success story"/"best-case" scenario testimonial or a subjective opinion testimonial, email our compliance officer at the email address provided above and request clarification.
1.4 Testimonials Posted By Others to our Onsite Blog(s). We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
2. Earnings and Income Disclaimers.
2.1 Although we make every effort to accurately represent the services and/or products presented on this website, we make no representation or promise that you will make any specific amount of money, or any money at all, or that you will not lose money.
2.2 Statements or examples of actual earnings on this website are true and correct, and we will verify them upon request and also provide statements of expected typical results (email hello-at-OneDesk.com); however, these statements or examples should not be viewed as promises or guarantees of earnings or income. Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market. In addition, there are certain risks that are unknown.
2.3 For the foregoing reasons, you should assume that these results are NOT typical. Your use of our services and/or products should be based exclusively on your own due diligence and judgment. We cannot guarantee your future results or success.
3. Forward-Looking Statements. Some materials relating to our services and/or products may include forward-looking statements as contemplated by the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, as amended. You may identify forward-looking statements by words such as "expects", "anticipate", "plan", "believe", "scheduled", "estimate and variations of these words and similar expressions. Forward-looking statements are not predictions or guarantees of future performance, and they involve certain uncertainties and risks that are difficult to predict, some of which are listed discussed above. Accordingly, you should assume that the results of these statements are NOT typical. Actual future results may differ from these statements. We do not undertake any obligation to update or publicly release any revisions to forward-looking statements.
Use of this site including any content, service, or product displayed, published, or downloaded from this site is subject to all the terms and conditions of our Terms of Use and Privacy Policy. In addition, registered users are required to enter into an additional agreement.
Copyright © 2001-10 Digital Contracts, Inc. (http://www.digicontracts.com/). All Rights Reserved (this is not a Creative Commons license). This document is licensed only for use by the owner of this website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited.
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Copyright © 2001-09 Digital Contracts, Inc. (DigiContracts.com). All Rights Reserved (this is not a Creative Commons license). This document is licensed only for use by the owner of this OneDesk.com website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited, except to the extent expressly authorized by Digital Contracts, Inc.

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