Welcome to the World2one World Platform. We invite you to access our web site and use the World2one World Platform (herein referred to as the “Service”), but please note that your invitation is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the Service, so please review these Terms carefully.
What Are The Terms of Service?
The Terms of Service constitutes a contract between us. The Terms include the provisions set forth in this document and in the World2one Privacy Policy, and other terms or conditions that may be presented to you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your Content in accordance with such Privacy Policy.
What Is The World2one World Platform?
The World2one World Platform enables you to gather information on businesses and organizations while remaining anonymous to such businesses and organizations.
By using the Service, you may invite businesses and organizations to show you special coupons, promotions or offers (“Offers”) or messages and other information (“Notes” and together with Offers, “Content”), while remaining anonymous to such businesses or organizations when viewing the Offers and Notes within the World2one World Platform.
In exchange for being enabled to use the Service, you agree to abide by these Terms.
If This Is A Contract, Who Are The Parties?
You are one party to the contract. If you reside in the United States or Canada, then the other party to this contract is World2one Holdings, LLC
Will These Terms Of Service Ever Change?
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site since we won’t have an email address for you to notify you any other way. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
What Do I Have To Do To Use The World2one World Platform?
You do not need to create an account to use the World2one World Platform. You can download the app and begin using it without creating an account.
If you choose to create an account—so that you might be able to synchronize the Content you see across various devices, you will need to follow the steps below:
First, you need to create an account by providing us with an acceptable username and a password. We refer to this as your “Account Information.” We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. Since we will not be able to communicate with you (as we do not collect your email address) we will not be able to assist you if you forget your username or password. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team.
Second, although you may use the World2one World Platform with only a web browser, in order to use the World2one World Platform on a variety of computing devices, you’ll need to install our client software on your tablets and phones. World2one Holdings, LLC also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Once I Have An Account, What Are My Rights?
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. You do not obtain any other right or interest in World2one or the Service.
Will Anyone Else See My Content?
Except as described here and in our Privacy Policy, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. If you sign up for the Service through a third party that is sponsoring the Service (a “Sponsor”), rather than solely through World2one at www.world2one.com, then such Sponsor may have limited access to see your Content. Though as always, you will remain anonymous to the Sponsor unless you undertake some activity to reveal your personal information to the Sponsor. Of course, if you do elect to publish or share any portion of your Content through any social network, or sending it to another, then you would be enabling each of those recipients of the Content to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without World2one’s involvement). In addition, World2one enables you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access your Content through your agreements with those parties.
What Are World2one’s Rights Relating To The Service?
You acknowledge and agree that World2one (and our merchant client partners solely with respect to content they provide through the Service) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on World2one’s servers, through any World2one mobile apps, and all software deployed by you or a third party to enable your inviting any business or organization to submit content into your World2one World Platform and use of the Service through such devices (the “World2one Software”).
Intellectual Property Rights.
In agreeing to these Terms, you also agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any World2one Software, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Right to Modify the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any World2one Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you for your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of World2one actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that World2one has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
Right to Engage Third Parties.
World2one may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable.
Right to Use Third-Party Software.
World2one may from time to time include as part of the Service and World2one Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. World2one expressly disclaims any warranty or other assurance to you regarding such third party software.
Right to Update Our Software.
In connection with any modification of the Service, World2one may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. World2one will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), World2one may require you to install the update to continue accessing the Service. In all cases, you agree to permit World2one to deliver these updates to you (and you to receive them) as part of your use of the Service.
Can Kids Use The Services?
Yes, but the Service is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.
How Is My Account Closed?
You may close your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice.
World2one may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for World2one suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any other agreement with World2one, (ii) an extended period of inactivity (determined in World2one’s sole discretion), (iii) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems.
Third-Party Links.
We may include or recommend businesses or organizations from time to time and/or links to third party websites and applications as part of, or in connection with, the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Indemnity.
You agree to indemnify and hold World2one, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORLD2ONE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WORLD2ONE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORLD2ONE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORLD2ONE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WORLD2ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) WORLD2ONE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If World2one Has To Send Me Notice Of Something, How Will That Happen?
Since we do not require an email address from you and since the Service is provided so that you will remain anonymous even to World2one, we cannot communicate directly with you. However, we can provide general notices on the World2one website that will apply to all users of the Service.
How Can I Send A Notice to World2one?
Except where these Terms or any other agreement with World2one specifically provide for use of a different means or address for notice, any notice to World2one must be delivered by email to compliance@world2one.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
World2one Holdings, LLC
PO Box 921432
Norcross, GA 30010
Attention: General Counsel
What Law Applies To My Use Of World2one?
If you are a resident of the United States or Canada, these Terms and the relationship between you and World2one (including any dispute) shall be governed in all respects by the laws of the State of Georgia, United States of America, as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to its conflict of law provisions.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Initiating a Formal Claim.
If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved exclusively by the processes set forth in these Terms. World2one provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against World2one in any other manner, you shall be in violation of these Terms and you agree that World2one shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse World2one for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against World2one, you will send us a notice to our attorneys at compliance@world2one.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.
Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against World2one must be resolved exclusively by a state or federal court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of the courts located within Gwinnett County, Georgia for the purpose of litigating all such claims or disputes.
Alternative Dispute Resolution Process.
Unless you are subject to the Arbitration Agreement set out below, if a claim arises between you and World2one where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and World2one agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Dispute Manager will be borne equally by the parties or be submitted to the Dispute Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Arbitration Agreement.
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and World2one agree that any and all disputes or claims that have arisen or may arise between us – except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights – shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement
Either you or World2one may initiate such arbitration by notifying the other party and the alternative dispute resolution provider (“ADR Provider”) that you or World2one wishes to initiate a binding arbitration proceeding. Such arbitration shall be handled by the American Arbitration Association or another established ADR Provider mutually agreed upon by the parties. The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only the individual claims of you and/or World2one. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The party initiating arbitration can elect non-appearance-based or appearance-based arbitration. For non-appearance-based arbitration: a) the arbitration shall be conducted by telephone, online and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; and b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. For appearance-based arbitration, the arbitration shall be held at a location in Gwinnett County, Georgia determined by the ADR Provider, or at such other location as may be mutually agreed upon by you and World2one. Any judgment on an arbitration award rendered by the arbitrator (whether non-appearance-based or appearance-based) may be entered in any court of competent jurisdiction.
YOU AND WORLD2ONE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WORLD2ONE USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
Claims Are Time-Barred.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
Final Points.
First, these Terms constitute the entire agreement between you and World2one and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and World2one for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of World2one shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.