Last Updated: October 28, 2024

 

THESE TERMS OF SERVICE (THE “TOS”) CONSTITUTE AN AGREEMENT BETWEEN YOU AND OC MEDIA HOLDINGS LLC, AN ARKANSAS LIMITED LIABILITY COMPANY D/B/A ONE COUNTRY ("ONE COUNTRY," "US", "WE", OR "OUR"). IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY, ALONG WITH OUR PRIVACY POLICY, MESSAGING TERMS AND CONDITIONS, SUBSCRIPTION POLICY, AND REFUND POLICY, WHICH ALSO APPLY TO YOU. IF YOU PARTICIPATE IN A GIVEAWAY (AS DEFINED BELOW), YOU WILL BE SUBJECT TO THIS TOS, AS WELL AS THE OFFICIAL RULES AND THE SPECIFIC RULES APPLICABLE TO THAT GIVEAWAY. 

THIS TOS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND RELEASES.  THE CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER, APPLIES TO ONE COUNTRY, AS WELL AS ITS PARENT, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY SERVICE-PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION PROHIBITION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS TOS.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THIS TOS, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM A SITE (AS DEFINED BELOW), INITIATING A SUBSCRIPTION, ENTERING A GIVEAWAY AND/OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOS IN A CLICK-THROUGH FORMAT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS TOS, AND YOU ACCEPT AND ARE BOUND BY THIS TOS, THE OFFICIAL RULES AND THE SPECIFIC RULES FOR EACH GIVEAWAY IN WHICH YOU ARE PARTICIPATING, AS SAME MAY BE AMENDED AND/OR RESTATED FROM TIME TO TIME (COLLECTIVELY, THE "RULES"), OUR SUBSCRIPTION POLICY (AS APPLICABLE), OUR REFUND POLICY, OUR PRIVACY POLICY, AND OUR MESSAGING TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS THAT ONE COUNTRY MAKES TO THEM FROM TIME TO TIME IN ACCORDANCE HEREWITH. YOU AFFIRM THAT IF YOU PLACE AN ORDER OR INITIATE A SUBSCRIPTION ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THIS TOS, OUR SUBSCRIPTION POLICY (IF APPLICABLE), OUR REFUND POLICY, OUR PRIVACY POLICY, AND OUR MESSAGING TERMS AND CONDITIONS. 

THIS TOS IS SUBJECT TO CHANGE BY ONE COUNTRY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. ANY CHANGES TO THIS TOS WILL BE IN EFFECT AS OF THE "LAST UPDATED DATE" REFERENCED AT THE TOP OF THIS TOS; PROVIDED, HOWEVER, THAT: (A) ANY AMENDMENT OR MODIFICATION TO THE ARBITRATION PROVISIONS, PROHIBITION ON CLASS ACTION PROVISIONS OR ANY OTHER PROVISIONS APPLICABLE TO DISPUTE RESOLUTION (COLLECTIVELY, “DISPUTE RESOLUTION PROVISIONS”) SHALL NOT APPLY TO ANY DISPUTES INCURRED PRIOR TO THE APPLICABLE AMENDMENT OR MODIFICATION; AND (B) ANY AMENDMENT OR MODIFICATION TO PRICING AND/OR BILLING PROVISIONS (“BILLING PROVISIONS”) SHALL NOT APPLY TO ANY CHARGES INCURRED PRIOR TO THE APPLICABLE AMENDMENT OR MODIFICATION. YOU SHOULD REVIEW THIS TOS BEFORE INTERACTING WITH THE SITES, PURCHASING OR SUBSCRIBING TO ANY PRODUCT OR SERVICES THAT ARE AVAILABLE THROUGH THE SITES AND/OR ENTERING A GIVEAWAY. YOUR CONTINUED USE OF THE SITES, SUBSCRIPTION TO A SERVICE, PARTICIPATION IN A GIVEAWAY, OR ENTRANCE INTO A TRANSACTION WITH ONE COUNTRY AFTER THE "LAST UPDATED DATE" WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES (OTHER THAN WITH RESPECT TO DISPUTES ARISING PRIOR TO THE AMENDMENT OR MODIFICATION OF THE DISPUTE RESOLUTION PROVISIONS, OR CHARGES INCURRED PRIOR TO THE AMENDMENT OR MODIFICATION OF THE BILLING PROVISIONS, WHICH SHALL BE GOVERNED BY THE DISPUTE RESOLUTION PROVISIONS AND/OR BILLING PROVISIONS THEN IN EFFECT AT THE TIME OF THE SUBJECT DISPUTE OR INCURRED CHARGES, AS APPLICABLE).

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM A SITE AND/OR ENTER INTO A GIVEAWAY IF YOU: (A) DO NOT AGREE TO THIS TOS; (B) ARE NOT THE OLDER OF: (i) AT LEAST 18 YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ONE COUNTRY; AND/OR (C) ARE PROHIBITED FROM ACCESSING OR USING A SITE OR ANY OF A SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

This TOS applies to the use of the website located at www.onecountry.com and other One Country mobile-optimized or -accessed websites, services, or applications, including any social media pages or mobile applications (collectively the "Sites") and the various applications made available through the Sites (the "Software") and the information, content (including General, Exclusive Membership and User Content as defined below), features and services provided through the Sites, including Giveaways  (the content, features, and services together with the Software and Giveaways, collectively, the "Service") and the physical products available through the Sites (each a “Product”), including any purchases, sales or other transactions through the Sites (each a “Transaction”), and this TOS governs (a) your use of the Sites, Software, Giveaways and the Service and (b) any Transaction.

                  

If you do not agree to this TOS, our Privacy Policy, our Subscription Policy or our Refund Policy, you may not use the Site, the Software or the Service, or engage in a Transaction. If you do not agree to the Rules, you may not enter a Giveaway.

 

You may not use the Service, engage in a Transaction, or accept this TOS if you are not at least eighteen (18) years of age. One Country may make changes to the Sites, the Software, the Service or the Products at any time. You understand that One Country may discontinue or restrict your use of the Sites, the Software and/or the Service, or your ability to engage in a Transaction, or cancel a Transaction in progress, for any reason or no reason with or without notice. If you are using the Sites, Software, Giveaways or Service, or engaging in a Transaction, on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this TOS on behalf of such organization and all references to “you” throughout this TOS will include such organization, jointly and severally with you personally.

 

1. The Products

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under this TOS, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

2. Prices and Payment Terms. 
   1. All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, duties or charges for shipping and handling. All such taxes, duties and charges will be added to your merchandise total prior to order submission and will be itemized in your shopping cart and your order confirmation email. You agree to be responsible for any customs duties or charges incurred in connection with the import of merchandise under this Agreement. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   2. We may offer, from time to time, promotions on the Sites that may affect pricing and that are governed by terms of service separate from this TOS. If there is a conflict between the terms for a promotion and this TOS, the promotion terms will govern. 
   3. The following terms may be used by us to communicate pricing information:
      1. "Regular Price” references our normal price for a product or service. 
      2. "Sale" refers to a reduced price for a product or service.
      3. "Clearance" refers to a reduced price for a product or service that will be discontinued. 

Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept all major credit cards and other payment methods listed at checkout for all purchases. All charges will appear on your credit card statement as paid to “One Country.”   You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by the payment method you select, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order. 

Title and risk of loss pass to you upon our transfer of Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.  We are NOT responsible for incorrect addresses you may give or packages stolen after delivery. If the tracking number shows the package was delivered, the responsibility falls on you.

ALL PRODUCTS AND SERVICES OFFERED ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. You agree that you will not, in connection with your use of the Sites, Software or Service, or when engaging in any Transaction(s), violate any applicable law or regulation. Without limiting the foregoing, you agree not to (1) make available through the Sites any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (2) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Sites, Software and/or the Service or otherwise attempt to disrupt the Sites, Software and/or the Service or any other person's use of the Sites, Software and/or the Service, including any Transaction entered into by you or any other person; or (3) attempt to gain unauthorized access to the Sites, Software, Service, any Transaction, Accounts registered to other users, any content therein (including any General, Exclusive Membership or User Content), or the computer systems or networks connected to the Sites and/or the Service. Furthermore, you may not use the Sites, Software and/or the Service to develop, generate, transmit or store information that: (1) is defamatory, harmful, abusive, obscene or hateful; (2) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Sites, Software, Service and/or the General or Exclusive Membership Content, (3) performs any unsolicited commercial communication not permitted by applicable law; (4) constitutes harassment or a violation of privacy or threatens other people or groups of people; (5) is harmful to children in any manner; (6) violates any applicable law, regulation or ordinance; (7) makes any false, misleading or deceptive statement or representation regarding One Country and/or the Sites, Software, Products, Service or any content therein (including any General, Exclusive Membership or User Content) or (8) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
   3. You agree that you will not (1) obtain or attempt to obtain any information from the Sites including, without limitation, email information or other User Content of other Account holders or Software data; (2) intercept, examine or otherwise observe any proprietary communications protocol used by the Sites or Software, whether through the use of a network analyzer, packet sniffer or other device; (3) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Sites, Software and/or the Service; or (4) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a Giveaway (or multiple Giveaways) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually. 
   4. You agree and understand that all data, information, text, software, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, on the Sites or through the use of the Sites, Software or Service, are the sole responsibility of the person posting or transmitting such User Content. One Country does not control the User Content posted on the Sites or transmitted through the use of the Sites, Software or Service by persons other than One Country and, as such, One Country does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such User Content. Further, you acknowledge that One Country may or may not pre-screen User Content that is displayed on the Sites or transmitted through the use of the Sites, Software or Service and that One Country's pre-screening of any User Content is not a representation, warranty, promise or covenant of One Country to pre-screen any other User Content. You agree and understand that by visiting the Sites or using the Sites, Software or Service, you may be exposed to User Content that you may consider to be offensive, indecent or objectionable. You agree that under no circumstances will One Country be liable in any way for any third-party User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites, Software and/or the Service and you hereby release One Country from all such claims.
   5. The Sites may provide forums and/or chat features enabling users to post user observations and comments. One Country makes no representation or warranty that other members or users will not use the ideas and/or information that you share and you release One Country from all claims therefor. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Sites. You agree One Country shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Sites or through the use of the Sites, Software or Service. You agree One Country has no responsibility or liability for the use, misuse, appropriation or misappropriation of the ideas and/or information shared by any member or user on the Sites.
   6.  In consideration for your use of the Sites, Software, or Service, you acknowledge and agree to grant to One Country a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute and display the User Content and any comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to One Country in connection with your use of the Sites, Software or Service, such as your suggestions regarding improvements that One Country make to the Sites, Software or Service (collectively, "Comments"). Such disclosure, submission or offer of any Comments shall constitute an immediate license to One Country  in all copyright, trademark, and any other applicable intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of express or implied contract, breach of confidentiality, misappropriation, conversion, estoppel and any other legal theory relating to submissions. One Country shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to One Country if you do not wish to license such rights to One Country. You agree One Country is not under any obligation with regard to your Comments, including to: (1) maintain any Comments in confidence; (2) pay to you or any third party any compensation for any Comments; or (3) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other User Content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and User Content and grant One Country the right to do the same.
   7.  Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored by One Country as necessary to provide the Service and may be disclosed: (1) when One Country has a good faith belief that it is required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (2) to satisfy any applicable laws, regulations, court order, order of any government agency or subpoena; (3) where One Country believes that the Sites, Software or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (4) when One Country has a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (5) in order to protect the rights or property of One Country, including to enforce this TOS. By entering into this TOS, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
   8. When accessing the Sites or using the Sites, Software or Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites, Software and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. You hereby agree to indemnify One Country for any claim against it resulting from or related to your breach of this Section 7(g). The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
   9. The Sites, Software and Service are operated by One Country in the United States. Those who choose to access the Sites, Software and/or the Service from locations outside the United States do so at their own peril and are responsible for compliance with applicable local laws.
   10. Any and all rights in the online services are and shall remain the exclusive property of One Country or its licensors. For purposes of clarity, "online services" includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, "content") as well as any part of the online services. The online services are licensed, not sold, to you.  Nothing in this TOS intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with One Country's or its licensors' rights. Subject to this TOS, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with this TOS. For purposes of clarity, "Use" includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights this TOS expressly grant to you. One Country reserves all other rights including the right to revoke such license to use the online services at any time and without prior notice to you. You acknowledge the online services may include inaccuracies or errors.

13. Hyperlinks. The Sites may contain links to websites operated by other parties. One Country provides these links to other websites as a convenience, and you agree use of these sites is at your own risk. You acknowledge the linked sites are not under the control of One Country and One Country is not responsible for the content available on the other sites. Such links do not imply One Country's endorsement of information or material on any other site and One Country disclaims all liability with regard to your access to and use of such linked websites.
14. Links to the Sites. You may not place a link to the Sites on another website without One Country’s prior written consent and, without limiting the foregoing, you must adhere to One Country's linking policy as follows: (1) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with One Country and/or its licensors' names and trademarks, (2) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with One Country, (3) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (4) One Country reserves the right to revoke its consent to the link at any time and in its sole discretion.
15. One Country Intellectual Property and Intellectual Property Infringement. The Sites and Products, including without limitation all interfaces, content, arrangement, structure and layout of the Sites and Products, which include but are not limited to the One Country trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (collectively, "One Country Intellectual Property") are the property of One Country, except where otherwise expressly noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of One Country. One Country Intellectual Property is owned or controlled by One Country or by other parties that have provided rights thereto to One Country. You understand and acknowledge that, by visiting the Sites, purchasing the Product(s) or by using the Sites, Software or Service, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites, including any Software, Product, Serv ice, or any content therein (including any General, Exclusive Membership or User Content). You agree not to display or use any One Country Intellectual Property or third-party content located on the Sites in any manner not expressly permitted under this TOS.
    1. Copyright Infringement

One Country respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (the “DMCA”) regarding such rights. By submitting any material or photographs through the Sites, you are granting One Country and its licensees a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute and display this material on a Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. One Country reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights One Country may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

One Country Legal

5414 W. Pinnacle Pointe Dr

Suite 100

Rogers, AR 72758 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit One Country to locate the material.

(D) Information reasonably sufficient to permit One Country to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

16. Disclaimer of Warranties. ONE COUNTRY PROVIDES THE SITES, SOFTWARE, PRODUCTS AND SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. ONE COUNTRY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONE COUNTRY DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE SITES, SOFTWARE, PRODUCTS OR SERVICE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, SOFTWARE, PRODUCTS OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SITES, PRODUCTS, SOFTWARE OR SERVICE. FURTHER, ONE COUNTRY PROVIDES THE PRODUCTS AND PRIZES IN ACCORDANCE WITH THE GIVEAWAYS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  ONE COUNTRY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF A PRODUCT OR PRIZE. ONE COUNTRY DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE PRODUCTS OR PRIZES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS OR PRIZES ARE FREE OF HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SITES, SOFTWARE, PRODUCTS, OR SERVICE. YOUR SOLE REMEDY AGAINST ONE COUNTRY AND ALL OTHER MEMBERS OF THE ONE COUNTRY SYSTEM FOR DISSATISFACTION WITH OR HARM FROM THE SITES, SOFTWARE, SERVICE, PRODUCTS OR ANY PRIZE IS TO STOP USING THE SITES, SOFTWARE, SERVICE, PRODUCTS, OR PRIZE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. 
17. Limitation of Liability; Sole and Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONE COUNTRY OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND/OR AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (1) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES, OR LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, RECEIPT OR USE OF THE SITES, THE SOFTWARE, THE PRODUCTS, THE SERVICE OR ANY PRIZE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; OR (B) WHETHER OR NOT ONE COUNTRY AND/OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) THE USE OR THE INABILITY TO USE THE SITES, THE SOFTWARE, THE PRODUCTS, THE SERVICE OR A PRIZE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, TRANSMISSIONS, DATA OR ANY PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITES, SOFTWARE, PRODUCTS AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITES, AND/OR ANY ACTION TAKEN ON ANY OF THE SITES, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (5) ANY OTHER MATTER RELATING TO THE SITES, THE SOFTWARE, THE PRODUCTS, THE SERVICE OR ANY PRIZE; OR (6) THE COST OF PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ONE COUNTRY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS YOU HAVE PAID TO ONE COUNTRY WITH RESPECT TO THE SITES, CONTENT, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS THE LESSER. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS, CLAIMS OR DISSATISFACTION WITH THE SITES, THE SOFTWARE, ANY PORTION OF THE SERVICE OR ANY PRIZE IS: (i) TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES, THE SOFTWARE, THE SERVICE OR PRIZE(S); AND (b) WITH ANY PRODUCT IS THE APPLICATION OF OUR RENEWAL< RETURN AND REFUND POLICY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ONE COUNTRY AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Indemnification. You hereby agree to indemnify and hold One Country and its managers, members, employees, representatives and agents harmless from and against, and shall on proper demand pay and reimburse them for, any loss, liability, damage, cost or expense (including reasonable attorneys' fees) suffered or incurred thereby arising out of or related to: (a) any misrepresentation, breach or nonfulfillment of any covenant or agreement by you contained in this TOS or any document referenced herein; or (b) YOUR VIOLATION OF THIS TOS OR YOUR USE OF THE SITES, SOFTWARE, PRODUCTS OR SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT, ANY USE OF THE SITES, SOFTWARE, PRODUCTS OR SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS TOS OR ANY ADDITIONAL INSTRUCTIONS OR DOCUMENTATION PROVIDED WITH A PRODUCT OR SERVICE, AND YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITES OR THE SOFTWARE.  YOU ACKNOWLEDGE THAT CERTAIN PRODUCTS BEAR A RISK OF PERSONAL INJURY, AND YOU FURTHER AGREE TO INDEMNIFY ONE COUNTRY, OUR LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY SUCH INJURY, INCLUDING ANY RESULTING LIABILITY, TO YOU OR ANY THIRD PARTY. 
19. Governing Law; Jurisdiction. This TOS shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Arkansas, without regard to choice-of-law principles. All disputes arising out of or related to your use of the Sites, the Software, the Products, the Service and/or any Prize shall be subject to Section II(t) below.
20. Arbitration. 
    1. YOU, ONE COUNTRY AND THE COVERED PARTIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT SUCH PARTIES WOULD HAVE IF A DISPUTE WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 
    2. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND ANY COVERED PARTIES ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITES, THE SERVICES AND/OR THE GIVEAWAYS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  NEITHER YOU, ANY COVERED PARTY OR ONE COUNTRY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
    3. Arbitration Disclosure. By participating in the Giveaway(s), using the Sites, Software, Products, Giveaways and/or Service, engaging in a Transaction or subscribing to or otherwise purchasing Exclusive Membership Content on or related to the Sites (each instance, a "Use"), you agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against One Country, its members, managers, employees, representatives and/or agents, a Released Party or a Giveaway Entity (as defined in the Official Rules) (collectively, the "One Country Entities"), , arising out of, relating to, or connected in any way with any Transaction, Giveaway or use of the Sites, Software, Giveaways, Products, Service, or any content therein (including General, Exclusive Membership or User Content), the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS ("JAMS") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by JAMS ("Rules and Procedures"); provided, however, that the One Country Entities reserve the right to require that your claim be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against any and/or all of the One Country Entities that are similar to the demand for arbitration submitted by you (“Mass Arbitration”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for such user), or at such other location as may be mutually agreed by you and appropriate One Country Entities; provided, that, for claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, the terms of the Specific Rules and the terms of any of the other agreements referenced herein that the user may have entered into in connection with the Use; (5) the arbitrator shall apply Arkansas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) subject to the One Country Entities’ determination to resolve certain claims through Mass Arbitration, there shall be no authority for any claims to be arbitrated on a class or representative basis as you hereby waive the right to assert claims in any class or representative action; (7) arbitration can thus decide only your and/or One Country Entities' individual claims; (8) subject to the One Country Entities’ determination to resolve certain claims through Mass Arbitration, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (9) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against you or One Country Entities; (10) if the arbitrator awards you relief that is greater than the final settlement offer provided by the applicable the One Country Entity(ies), then the One Country Entity(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the One Country Entity(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration; (11) you must provide One Country with proof that you have accessed one of the Sites and provided consent to this Agreement prior to initiating an arbitration proceeding; and (12) with the exception of subparts (6)-(8) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor One Country Entities shall be entitled to arbitrate your/their dispute. If a Claim is not subject to arbitration pursuant to the foregoing provisions of this Section 1819(f), then you agree such Claim will be limited as described in “Limitation of Liability; Sole and Exclusive Remedy” above, to the extent decided your Claim will be decided individually, and to the extent decided your Claim shall not be decided with resort to any form of class or representative action. To the extent permitted by law, the existence of the arbitration, Claim or other action pertaining to the Claim, the arbitration, settlement or other proceedings, and the outcome of the arbitration, settlement or other proceeding will be treated as confidential and will not be disclosed by either party. You agree that an award, and any judgment, ruling, decision or agreement confirming it, only applies to the proceeding in which it was awarded or agreed to and cannot be used in any other proceeding except to enforce the award or agreement itself. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.org.
21. TOS Modification by One Country; Severability. THIS TOS IS SUBJECT TO CHANGE BY ONE COUNTRY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. ANY CHANGES TO THIS TOS WILL BE IN EFFECT AS OF THE "LAST UPDATED” DATE REFERENCED AT THE TOP OF THIS TOS. This TOS cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of One Country. The invalidity or unenforceability of any provision of this TOS shall not affect the validity or enforceability of any other provision. In the event that any provision of this TOS is determined to be invalid or otherwise unenforceable or illegal, this TOS shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
22. General.
    1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and One Country as a result of this TOS or your use of the Sites, the Software, the Products, the Service or any Prize.
    2. One Country may assign this TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this TOS without One Country prior written consent, and any unauthorized assignment by you shall be null and void.
    3. You shall be solely responsible for the tax consequences of your winning and/or your receipt of any Prize.
    4. If any of the provisions of this TOS is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
    5. In the event any litigation is brought by either party in connection with this TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    6. Our failure to enforce any provision of this TOS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by One Country of any provision, condition or requirement of this TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    7. All notices given by you or required under this TOS shall be in writing and addressed to: OC Media Holdings, LLC, 5414 W. Pinnacle Pointe Dr., Suite 100, Rogers, Arkansas 72758. We may update the address for notices to us by posting a notice on the Site(s). Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
    8. You hereby agree that One Country would be irreparably damaged if the terms of this TOS were not specifically enforced, and therefore you agree that One Country shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOS, in addition to such other remedies as One Country may otherwise have available to One Country under applicable laws.
    9. This TOS, our Privacy Policy, our Messaging Terms and Conditions, our Subscription Policy, our Refund Policy, the Rules for the applicable Giveaway(s), any order confirmation, any documents expressly incorporated by reference and any written agreement between you and One Country, constitute the entire integrated agreement between you and One Country with respect to the subject matter herein, which supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and One Country with respect to the Sites, the Software, the Products and/or the Service.
    10. Allow up to 8 weeks to receive certain Prizes. Prize fulfillment may require additional information and processing, as well as the performance of a background check on the winner and (if applicable) the party accompanying the winner. All information collected is subject to the Privacy Policy.  PLEASE SEE OUR RULES  AND OUR PRIVACY POLICY FOR ADDITIONAL DETAILS REGARDING ANY BACKGROUND CHECK REQUIREMENTS AND HOW WE USE THE INFORMATION OBTAINED.
    11. You acknowledge and agree that you will comply with all applicable laws, regulations, and ordinances, and that you have and will maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out your obligations with respect to any Transaction.
    12. You acknowledge that this TOS benefits solely you and us (and any other party to a Transaction) and their respective permitted successors and assigns, and nothing in this TOS, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature.
    13. You acknowledge and agree that we will not be liable or responsible to you, nor be deemed to have defaulted or breached this TOS, our Privacy Policy, our Messaging Terms and Conditions, our Subscription Policy or our Refund Policy, for any failure or delay in our performance under this TOS or any Policy when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike (whether or not relating to our workforce), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each a “Force Majeure Event”).
    14. All questions and concerns regarding this TOS should be directed to support@onecountry.com, or you may call us at (479) 957-9812.  Our mailing address for questions and concerns is One Country, attn: Terms of Service, 5414 W. Pinnacle Pointe Dr, Suite 100, Rogers, AR 72758.