Terms of Use & EULA

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Terms of Use and User License

One Item, Inc. software applications and any websites owned, operated, licensed, or controlled by One Item, Inc. are copyrighted works belonging to and operated by One Item, Inc., Inc., its affiliates, licensors, and subsidiaries (collectively, “One Item, Inc.”).

By using any of the apps, or accessing the Websites, you indicate your acknowledgment and acceptance of these terms of use (“the Terms of Use”). These Terms of Use and the apps websites and content are subject to change by One Item, Inc. at any time in its sole discretion, and your continued use of these items following modification constitutes your agreement to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not use the apps or access or use the Website.

Software Free Version and Subscription Versions
You may select a program and module which interests you, which contains a small sampling of the content representing that field of interest and use it according to these Terms of Use and EULA at no charge, so long as that program remains available.

Optional Subscriptions Pricing Structure – Alternatively, you may opt to subscribe to the full program, which features a complete content set at these rates, which are subject to change: Health Science Index Modules are currently priced at $9.99 per month per module or $99.99 per year per module. Module pricing is subject to change, and each module may eventually be priced differently. The Sports Science Index modules prices are still to be announced, pending app release.

Data Safety & Privacy – One Item Limited Collection Policy – We collect, use and disclose only the bare minimum of information to provide you with the product or service you have requested. At the time we collect the information, you will see choices and fields to enter. Not all fields are required. When you see the registration form, its purpose will be clear. When you purchase a subscription or service your name, address and payment information is provided as part of your devices built in purchasing functionality and the subscription or order process will be a typical In-App Purchase used to complete the transaction. We do not store financial data on our servers. We do not share purchase data with 3rd parties. One Item takes all reasonable precautions to protect your information from any loss or unauthorized use, access or disclosure. Personally Identifiable Information is not shared with 3rd parties. Data is encrypted and stored in a secure manner. For additional privacy details visit the Privacy page.

Copyright and Trademark – One Item, Inc., the One Item, Inc. logo, Better Now, the Health Science Index, Sports Science Index, HSI, SSI, CHI, the Corporate Health Index, and all logos, trademarks, and service marks listed herein and on the Website, are trademarks and service marks of One Item, Inc. (collectively, the “Marks”).

All Rights Reserved – You are not granted any right to use One Item, Inc.’s Marks (including, without limitation, the layout of the app screens), and all such items remain the exclusive property of One Item, Inc.. All material on the Website, including but not limited to, text, graphics, logos, images and audio clips (the “Content”) is the sole property of One Item, Inc. and is protected by United States and international copyright laws. Subject to these Terms of Use, One Item, Inc. grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of One Item, Inc., except that you may download, print, distribute and use pages from the Website for your own informational, non-commercial purposes, provided that any copies of documents or pages from the Website must not alter the original content and must include the One Item, Inc. copyright notice: © 2019 One Item, Inc., Inc. All rights reserved. Modification or use of the Content except as expressly provided herein is a violation of One Item, Inc.’s intellectual property rights.

External Links – Through the apps or its websites, One Item, Inc. may provide access to resources and links to other online resources or websites. When you access a non-One Item, Inc. website, even one that may contain the One Item, Inc. logo, you leave the One Item, Inc. Website and understand that it is independent from One Item, Inc. and that One Item, Inc. has not reviewed nor is it responsible for the content of any linked websites.

Software End-User License Agreement (EULA)

This Mobile Application End User License Agreement (“EULA Agreement”) is a binding agreement between you (“End User” or “you”) and One Item Inc. (“Company”). This Agreement governs your use of the mobile applications for Apple iOS or Google Android operating systems (including all related documentation, the “Application”).

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.

  1. This EULA – which means “End User License Agreement”, is the legal agreement between You and Us, and together with all the related documentation sets forth the terms and conditions governing the use of any of Our Apps downloaded and installed by You or other related Services, such as The Health Science Index, The Sports Science Index, Better Now or CHI Business Systems.
  2. By registering, signing up for or using a Health Science Index, or Sports Science Index, or a Better Now subscription, or otherwise accessing or using app content, (each, a “Software Application”) you are acknowledging that you are bound by the terms and conditions in this End User License Agreement (this “EULA”). Please review these carefully before accepting and utilizing your app or a Software Application, or other products or services of One Item, Inc., Your use of the Software Applications is also subject to the Terms of Use applicable to the Websites and privacy policy (www.oneitem.com/privacy/) which are incorporated herein by reference.
  3. Additional Software Applets – This EULA also applies to any additional interactive widgets, add-ons or other applications provided by One Item for use with the Software Application(s) you are subscribing for, which shall also be considered Application(s) hereunder.
  4. User Account and Service Security – Use of Software Applications is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, i.e. under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use website only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this EULA.
  5. License for Personal Use – Subject to compliance with this EULA (including payment of applicable fees), Developer grants you a limited, non-transferable, revocable, non-exclusive, non-sub-licensable license to access the Application(s) for which you have subscribed and paid, through the provided user interfaces, to access your User Data and to utilize such Application(s) via the user interfaces provided by One Item, Inc. to assist in your app based journey.
  6. License Grant. Subject to the terms of this Agreement, One Item, Inc. grants you a limited, non-exclusive and nontransferable license to Download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation.
  7. License Restrictions – Licensee shall not:
    1. Copy the Application, except as expressly permitted by this license; or modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    2. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    3. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    4. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    5. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
  8. Additional Restrictions
    1. Without limiting the foregoing, you may not use the Software Application(s) for any of the following purposes:
    2. You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Software Application(s).
    3. You may not use the Software Application(s) for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content.
    4. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
    5. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
    6. Gaining unauthorized access to other computer systems.
    7. Interfering with any other person’s use or enjoyment of the software or Websites.
    8. Interfering or disrupting networks or web sites connected to the apps or Websites.
    9. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. This includes using or providing music, video, images or text for which you do not own or have sufficient use rights to the copyright for such materials.
  9. You agree to indemnify One Item, Inc. and its licensors for any and all claims arising from any violation by you of the terms of this EULA.
  10. Reservation of Rights – You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. One Item, Inc, shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  11. Collection and Use of Your Information – You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy
  12. Account and Password – As a registered user of the Software Application(s), you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Developer of any unauthorized use of your Account or any other breach of security. Developer shall not be responsible for any losses arising out of unauthorized use of your Account.
  13. No Representations – One Item, Inc. makes no representations about the technical accuracy or functionality of the apps or the Websites it maintains or that the content is always 100% perfect, accurate, error-free, or up-to-date. One Item, Inc. makes no representations or warranties of any kind, express or implied, including, but not limited to, as to the fitness for a particular purpose, title, or non-infringement of third party rights or intellectual property. One Item, Inc. makes no warranties that your use of the Content will never infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such Content. You expressly agree that your use of the app or the Websites is at your sole risk. One Item, Inc. makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.
  14. Disclaimer of Warranties and Limitation of Liabilities – The mobile application Better Now, and the mobile application the Health Science Index, the mobile application Sports Science Index and the accompanying websites are provided by One Item, Inc. on an “as is” and “as available” basis. One Item, Inc. may make changes or improvements to the apps, content and functionality of the Websites at any time, without prior notice to you. One Item, Inc. does not warrant that the apps or Website or Content will be available at any particular time or location or that the app Website is always 100% free of any harmful components, however it goes to extensive lengths to protect the integrity of its code and does not knowingly allow any spybots, malware or any other surreptitious code into its clean high quality coding.
  15. Not to Be Construed as Medical Advice – The apps and the Websites are designed to provide wellness and lifestyle information and nothing is to be construed as medical advice, or to be a substitute for proper medical consultation. When beginning any new exercise or health oriented program always consult your physician. Be sure to consult your doctor if you feel ill, or prior to dietary changes or any significant changes in your health routine. If you feel sick or you are unsure of what to do, call 911.
  16. Assumption of Risk or Damages – You, and not One Item, Inc., assume the entire cost to you of any and all necessary servicing, repair, or correction in the event of any loss or damage arising out of your use of the apps or Websites or the Content.
  17. Legal Disputes – In no event shall One Item, Inc. be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not One Item, Inc. has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any Content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that One Item, Inc. would not grant access to the Website without your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you.
    International Use
  18. Governing Law – These Terms of Use shall be governed, construed, and enforced in accordance with the laws of the State of Washington, King County, without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, the Terms of Use or EULA shall be in the state or federal courts, as applicable, located in the City of Seattle or King County, Washington. Any dispute, controversy, or claim arising out of or relating to these Terms, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Seattle, Washington. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people.
  19. Customer Service – Questions or comments regarding the mobile application or the website may be submitted to info@oneitem.com, or sent to the company address at: One Item, Inc. 11410 NE 124th St. #621, Kirkland, WA, 98034.
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