Terms of Service

This page outlines the terms of use of the Oodi website. When you create an Oodi account, you are agreeing that you have read and understand these terms. We've tried to cut through the legal jargon and provide cliff notes for you, but our nutshell explanations are not legally binding.

INTRODUCTION

Welcome to the website (“Site”) of Oodi, LLC (together “Oodi,” “we,” “us,” or “our”). This Site is owned and maintained by Oodi, to provide information about our organization and services (the "Services") and your use of our Services.

IN A NUTSHELL,

Thanks for coming, we're glad you're here.


AGREEMENT

Your access to and use of this Site are subject to this agreement or Terms of Service (“TOS”). Please read this TOS carefully before you start to use our Site. By creating an account, clicking “I agree”, signing an agreement that refers to this TOS, or otherwise entering into a business relationship with a party on this Site, you agree to be bound by the terms and conditions of this TOS and our Privacy Policy, which is incorporated herein by reference. This TOS governs the relationship between Oodi, and the user ("User(s)") which may be either a marketing vendor (“Seller(s)”) selling its services, or a buyer of these marketing services (“Buyer(s)”). Please read this entire TOS carefully as it contains contractual provisions that may impose obligations on you and limit your rights. You also agree to abide by all our policies made available to you and all applicable local, state, federal, and international law in your use of our Site and you further agree to not to use this Site in any manner not intended by Oodi.

IN A NUTSHELL,

By setting up an account with Oodi, you agree to our terms. These terms are here to protect everyone!


AMENDMENT OF THE TOS

We reserve the right to amend the TOS without notice. If we decide to modify the TOS we will post those modifications here. You are responsible for regularly monitoring this Site in order to remain informed of any modification. Any such amendment shall be effective once the revised terms have been posted on this Site and your continued use of this Site indicates your acceptance of any modified terms. The date of the most recent revision will be provided at the top of this page.

IN A NUTSHELL,

We may change the Terms of Service, but don’t worry the updates will always be on this page!


MODIFICATION OF SITE AND SERVICES

We reserve the right to withdraw or modify this Site and/or any service or content we provide on the Site in our sole discretion without notice and without penalty. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users. We may change the Site at any time with or without notice. We may suspend access to the Site, or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to the Site. You are responsible for ensuring that all persons, including any children or minors, who access the Site through your internet connection are aware of the TOS, and that they comply with it.

IN A NUTSHELL,

We may change any part of the site and services at any time. Why? Probably because we are trying to make it better.


REGISTRATION INFORMATION

To access the Site or some of the resources it offers, you may be asked to provide certain registration contact and billing information and update it as it changes. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. It is the User's responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep user names and passwords confidential. You agree to immediately notify Oodi of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from any account at the end of each session. You should use particular caution when accessing an account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of the TOS. At our sole discretion, we may terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, our offered services. We may also impose limits on certain features of the Site and restrict all or part of access to this Site, without notice, and without being subject to penalty.

IN A NUTSHELL,

To use the site, you may need to provide contact, billing, and other information. It will be kept private on our site, but it’s necessary!


RESTRICTIONS

We reserve the right, at our sole discretion, to pre-screen, deny, suspend or terminate any individual’s access to this Site. This Site is available only to individuals that can form legally binding contracts under applicable law. By accessing and/or otherwise using this Site and/or its services, you (a) certify that you are at least 18 years of age and (b) have read and agree to be legally bound by the TOS. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. However, we may accept and store data on minors submitted by you as part of the registration information that may be required in order for us to provide our services. You are responsible for ensuring that all persons, including any children or minors, who access the Site through your internet connection are aware of the TOS, and that they comply with it.

IN A NUTSHELL,

We have the right to say who can use the site. Also, no kids!


SERVICES AGREEMENT

Users on our Site will have access to our various Services, consistent with the level of Service desired and ultimately, purchased or sold by the User. Users may choose to provide and obtain standardized or custom design Services from time to time by entering into a Services Agreement that incorporates our TOS and Privacy Policy by reference. Buyer will pay the fee to purchase its desired and agreed upon scope of work or services for the level of work or service selected by the Buyer from the Seller through our website from time to time, and/or if applicable as set out in an agreement between a Buyer and a Seller as more detailed below (“Services Agreement”).

Here’s how our Service generally works:

Sellers create accounts with Oodi and create Seller stores that offer services with Seller-defined packages for each service. The seller-defined packages include non-negotiable Scopes of Work.

Buyers with a need for a marketing service create an account with Oodi, and may use the Oodi website to help them identify and select Sellers who perform the type of services they specifically seek. Once Buyers select a service they would like to purchase, buyers then send an accurate and complete description of their desired service (including, but not limited to, overall budget) ("Job Details") via the checkout process on the Oodi website.

If a Seller desires to provide services or sell goods to the Buyer based on the “Job Details”, the Seller accepts the job. By accepting the Seller confirms that it is legally entitled to, and capable of, supplying the services described in the Scope of Work.

In the case where a signing payment has been released and the seller becomes unresponsive and does not provide any proof of work after the lapse of a reasonable period of time during which buyer has made a request to seller regarding the status of the work product, a buyer is eligible to receive a refund for the signing payment and cancel the agreement. The buyer must contact support at support@oodi.com with all details for Oodi's review before a refund can be processed. The seller will be obligated to repay the signing payment in full as per these terms if Oodi concludes that a refund and cancellation are warranted. Oodi will invoice the Seller for the full disputed signing payment amount to cover the refund to the buyer along with an additional charge in the amount of the job fee to Oodi to cover Oodi's incurred costs for reviewing the buyer’s complaint and managing the refund and cancellation.

After the Seller accepts the job, the buyer, then, accepts the job by paying the agreed-upon signing payment and/or escrow payment using the Oodi payment feature. When Buyer has issued the designated payment, the parties will be deemed to have entered into a separate contract or Services Agreement under which the Seller agrees to provide the Buyer with the services and Buyer agrees to purchase same. Seller agrees to provide the services to the Buyer in accordance with the Services Agreement, unless the services are prohibited by law, by this TOS, an agreement between Seller or Buyer and a third party or by any of our policies.

The parties agree to use the messaging feature within the Oodi job management tool to communicate directly including, but not limited to, Scope of Work, payment, milestone delivery, and reviews. Users are encouraged to use the Oodi messaging feature for all communication for documentation purposes. Each time a User receives a message from the Oodi messaging feature, a notification may be sent to the User via their designated communication channel.

The terms of any Services Agreement shall incorporate this TOS and any additional terms and conditions agreed to between the parties, including the description and price of the services to be provided. You agree not to enter into any Services Agreement that contains terms that conflict with this TOS. The terms of this TOS take priority over any terms contained in a Services Agreement to the extent of any inconsistency.

Once Seller has provided the services requested by a Buyer in accordance with the Services Agreement, the Buyer must provide notice that the task is complete by using the Oodi job management tool. Seller agrees not to provide notice that services have been provided until the services have actually been delivered within the job management tool of Oodi. It will be a material breach of the Service Agreement if such notice is provided by Seller, but the services have not been delivered to and received by Buyer.

When the services have been delivered and notice of same has been provided by Seller in accordance with the Services Agreement, then that portion of the Services Agreement shall be deemed to be fully executed and Buyer agrees to release the agreed price for those services supplied to the Buyer by using the Oodi job management functionality. It will be material breach of this Agreement and the Services Agreement, if Buyer refuses to release the agreed price from the Escrow Account once the services are received. Upon release of payment from Escrow Account , the fee will be paid from the Escrow Account to the Seller after the deduction of the relevant fees to Oodi set out in the Service Fee Schedule and described in Fees below ("Service Fees").

A Service Agreement cannot be cancelled or terminated except upon the occurrence of the following events: 1) the parties are negotiating a dispute either directly or through mediation and cancellation is mutually agreed to or directed by the mediator; or 2) the parties agree to terminate the Services Agreement and release all monies due and owing under that Services Agreement through the date of termination and replace it with another Services Agreement because the Scope of Work materially changed; or 3) after investigation by Oodi based on a complaint by buyer that seller has been unresponsive and has not delivered work product within a reasonable time frame during which buyer requested a status update on the work product.

If a Buyer in any way requires the Scope of Work to be updated as per bullet number two, then the Seller may, at its discretion, cancel all future milestones of existing jobs that were made prior to the update and provide the Buyer with a new job including the updated Scope of Work.

If Buyer agrees to the new job with updated Scope of Work, Buyer will accept by using the functionality in the Oodi job management tool and paying the agreed price into the payment facility escrow account accessible via the Oodi job management tool ("Escrow Account").

Upon completion of each portion of the parties’ obligations under the Services Agreement, both parties are strongly encouraged to complete an Oodi service review using any feedback features on the Oodi job management tool. Oodi, may, from time to time, contact you to remind you to complete an Oodi service review.

Oodi may from time to time profile a Seller or a Buyer, however, neither party will have any special rights or obligations and will need to follow the normal job acceptance process to enter into a Services Agreement with a User.

Each of buyer and seller in their capacity of disclosing information is referred to herein as the “Disclosing Party” and in their capacity of receiving information as the “Receiving Party.” The parties intend to participate in meetings and discussions regarding the evaluation and/or execution of a Services Agreement for the performance of work by seller for buyer and the Disclosing Party is prepared to deliver to the Receiving Party, certain information relating to the requirements, scope and completion of the Services Agreement which shall be confidential information. Unless otherwise agreed to in writing by the Disclosing Party, the Receiving Party agrees, except as required by law, (a) to keep confidential and not to disclose or reveal any confidential information to any person, other than those of the receiving party’s representatives (i) who are actively and directly participating in the Services Agreement and (ii) whom the receiving party will cause to observe the terms of this Agreement, (b) not to use confidential information for any purpose other than in connection with the Services Agreement or in a manner that the Disclosing Party has approved in writing, and not in any way detrimental to the Disclosing Party. The Receiving Party acknowledges that it shall be responsible for any breach of the terms of this Agreement by it or its representatives and agrees to indemnify and hold harmless the Disclosing Party for any costs, expenses or loss incurred with respect to such a breach. The Receiving Party further agrees, at its sole expense, to take all reasonable measures (including but not limited to court proceedings) to restrain its representatives from prohibited or unauthorized disclosure or use of the confidential information. Nothing contained in this Agreement shall prevent the use or disclosure by the Receiving Party of any information that (a) is generally available to the public or through services subscribed to by the Receiving Party at the time of the use or disclosure thereof (other than through a breach on the part of the Receiving Party, or its representatives, of any of the terms or provisions of this Agreement), (b) is generally known by the Receiving Party, (c) is lawfully obtained by the Receiving Party from a source (other than the Disclosing Party or its representatives), which is not prohibited from disclosing such data by a legal, contractual or fiduciary obligation to the Disclosing Party, or (d) is independently developed by Receiving Party without the use of the confidential information in any form.

IN A NUTSHELL,

Just go to our How It Works page - it’s way easier to understand. Also, all projects between buyers and sellers on our site are protected under our NDA.


FEES, PAYMENT, AND ESCROW

Seller may choose to pay a fee to Oodi for advertising its packaged services on the top portion of a search seller spotlight sections, and more, from time to time on our website. Seller agrees to pay Oodi a pro-rated fee of the total transaction fee from the Service Agreement as described in our Service Fee schedule. We may change our standard fees or levels of service at any time, provided that such changes will not go into effect during an existing Services Agreement or schedule to a Services Agreement. Seller agrees to pay our fees for each Services Agreement or schedule to Services Agreement for which a separate fee is assessed. All fees are payable in advance. Any payment not made when due will be subject to interest of one and a half percent (1.5%) per month compounded monthly (equivalent to a yearly interest rate of 18%). Payments are non- refundable.

Payments for Services must be made through Oodi’s job management tool (as described below) and not directly between the parties. Payments for the purchase of Services may be released immediately or held in escrow until the agreed upon milestones that comprise the delivery of product under the Services Agreement are completed or Seller delivers the product to Buyer, whichever occurs earlier, and Buyer confirms Seller’s work is complete. If Buyer takes no action after 10 days, Oodi will automatically release the payment to Seller. Payment may take a few business days to post to a Seller’s account. Users agree to utilize the escrow payment procedures Oodi provides on the website and agree to not contravene or otherwise, circumvent the escrow procedures created for payment under a Services Agreement.

Both the Buyer and Seller agree to the fees outlined by Oodi on the Fees and Charges page located at:

https://www.oodi.com/fees

Oodi engages with a third-party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Buyer and Seller ("Escrow Agent").

By buying or selling services using Oodi’s Services through a Services Agreement, you agree to be bound by the Escrow Agent's Privacy Policy which is located at:

https://assemblypayments.com/company/policies/privacy-policy

and you also consent and authorize Oodi and the Escrow Agent to share any information and payments instructions you provide with one another and, to the extent required to complete your transaction(s), with any other third party service provider(s). By registering and creating an account with us, you agree to be bound by Escrow Agent's terms and conditions, end user agreement, and direct debit/ACH request service agreement which are located at:

https://assemblypayments.com/company/policies/terms-conditions

https://assemblypayments.com/company/policies/end-user-agreement/

https://assemblypayments.com/company/policies/direct-debit-request-service-agreement/

Oodi confirms that the services offered by the Escrow Agent are third party services and subject to further terms set out for third party services below.

IN A NUTSHELL,

We use a highly-secure payment tool on our site through AssemblyPayments. Checkout their terms and privacy policies. Also, so we can keep the lights on, sellers are required to pay graduated fees when someone buys their service or for other premium items. Check out our fees page.


THIRD-PARTY SITES, PRODUCTS, AND SERVICES

Our Site contains information provided by, and links to, third parties other than Oodi and its affiliates that provide services to, or for, us or Users of our Site, including, but not limited to, vendor, escrow and payment services. Oodi partners with third parties for various services and specifically does not represent or warrant that it is responsible for the content or performance of third-party sites or any transactions with them. Furthermore, Oodi disclaims all liability and makes no representations or warranties for any products or services sold, or provided by any third-party, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites that may be linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Any transaction with a third-party is subject to the agreements and/or the terms and conditions of the third-party. Third-party links do not imply that Oodi is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Oodi.

IN A NUTSHELL,

Oodi works with secure partners to give you the tools you need, but if you access those third party sites and leave our site, we are not liable for any issues you might encounter on those sites.


PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with the TOS, you agree not to use the Site:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in the TOS.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Oodi or an Oodi employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
  • To submit proposals to or solicit Users identified on our Site or to contact, hire, manage or pay any such Users outside our Site.
  • To accept proposals from or solicit Users identified on our Site to contact, deliver work, invoice, or receive payment outside our Site.
  • To Invoice or otherwise report on an invoice or payment bill an amount different than that agreed between Seller and Buyer.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or create content that disparages, harasses, threatens or otherwise is deceptive, fraudulent, offensive, or which, as determined by us in our sole discretion, may harm Oodi, its affiliates, partners, service providers or Users of the Site or expose them to unrest, damage or liability.
  • To engage in conduct that is inappropriate, exploitive, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  • To engage in conduct that defames, harasses, abuses, threatens or incites violence towards any individual or group.
  • To engage in conduct that violates the privacy of any third party.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Send spam; perpetrate a security breach; hack; or perform any privacy breach or fraudulent activity; introduce any malware, viruses, harmful codes, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
IN A NUTSHELL,

Don’t do anything to or on the site that you would be ashamed to tell your mother about.


INTELLECTUAL PROPERT RIGHTS

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Oodi, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, except that content owned by either Seller or Buyer shall remain the property of said party and Oodi shall have no ownership rights in same. Our Services display content that is not ours since our Services create a marketplace for the purchase and sale of marketing services. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we believe violates our policies or the law in our sole discretion. But that does not necessarily mean that we review the content that is on our Site, so please do not assume that we do.

You agree not to distribute, publicly display, publicly perform, make available, alter, reproduce, sell, exploit, or otherwise use for any commercial purposes any part of the Site, access to the Site or use of the Site or any services or materials available through the Site. If you wish to make any use of material on the Site other than that set out in this section, please address your request to support@oodi.com . If you print, copy, modify, download or otherwise use any part of the Site in breach of the TOS, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Oodi. Any use of the Site not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark and other laws.

Our name, logo and all related names, logos, product and service marks, designs and slogans are trademarks of Oodi or its Sellers, affiliates or licensors. You agree not to use such marks without our prior written permission. All other names, brands and marks are either used for identification purposes only, or displayed with permission, and are the trademarks of their respective owners and you agree not to infringe upon or otherwise use or appropriate any brand logo, trademark, copyright or content of either Oodi or any of its Sellers, affiliates or licensors.

IN A NUTSHELL,

We own everything Oodi related. You own your contracted work.


COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violates your copyright, and there is not a payment dispute, please contact us at support@oodi.com. It is the policy of Oodi to terminate the user accounts of repeat infringers.

COPYRIGHT INFRINGEMENT AND DMCA POLICY

Oodi respects others’ intellectual property rights and asks our Users and Sellers to do the same. Oodi may terminate a User’s or Seller’s access to the Site at Oodi’s sole discretion if Oodi determines that the User or Seller is a repeat infringer of others’ copyrights or other intellectual property (including Oodi’s rights).

If you believe that any content violates your copyright, please follow the process indicated in section 512(c) of the Digital Millennium Copyright Act. Please provide us with a written takedown notice that includes the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our Site are covered by a single notification, a representative list of such works on our Site;
  3. 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 us to locate the material;
  4. Information reasonably sufficient for us to contact you, such as email, address and telephone number;
  5. A statement that you have 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If Oodi takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Oodi. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as Lumendatabase.org.

If you believe that your User-Generated Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Site, you may send Oodi a properly formatted counter-notice to Oodi.

If a counter-notice is received by Oodi, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Site in 10 to 14 business days after receipt of the counter-notice.

All notices described above should be sent to support@oodi.com, or via mail to:

Support
c/o Oodi
P.O. Box 232
Middletown, NJ 07748-0774

IN A NUTSHELL,

If you believe someone is infringing on your copyright, let us know by emailing support with details about the issue, the authorized contact, the copyright material in question, and contact info. Also, if we see that you are causing trouble on the site, we reserve the right to terminate your use of the site.


DEFAULT

Oodi may immediately terminate this TOS or suspend the User's access to the Services without notice upon the occurrence of any of the following events: (a) User fails to make any payments when due; (b) User fails to comply with any provision of this Agreement; (c) User attempts to assign, sub-license, or otherwise transfer any of its rights under this Agreement without the consent of Oodi; or (d) User files an assignment in bankruptcy or is or becomes bankrupt and/or insolvent, upon the appointment of a receiver for all or substantially all of the property or assets of the User, upon the making of any assignment or attempted assignment for the benefit of creditors or on the institution by User of any act or proceeding for the winding up of its business.

IN A NUTSHELL,

If you go out of business or otherwise default on any payment, your use of the site may be terminated.


COMMUNICATIONS TO OODI; PARTICIPATION DISCLAIMER

Although we encourage you to email us, you should not email us any content that contains proprietary information. With respect to all emails that you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, Oodi shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of our services that incorporate such information. We reserve the right to block or remove communications or materials that are determined to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another, or (d) offensive or otherwise unacceptable to Oodi in its sole discretion.

IN A NUTSHELL,

We love when our users contact us, but we just ask that you be polite and don’t provide unnecessary sensitive information.


SERVICE LEVELS

Oodi will use commercially reasonable efforts to provide its Services on a continuous basis, subject to reasonable maintenance requirements and matters beyond Oodi's reasonable control. Oodi may make changes to its website and/or its Services at any time in its sole discretion without notice.

IN A NUTSHELL,

We will do our best to keep the site up and running, but sometimes stuff happens. Thanks for understanding!


SUPPORT

Oodi will provide support to the User for its use of the Services in order to provide educational, supportive and value enhanced tools to help them utilize the Services to achieve their goals. Support will be primarily through the use of web based tools. Support does not include any changes or customizations.

IN A NUTSHELL,

If you have a problem, we will try and help you to the best of our ability and within reason.


USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, forums, bulletin boards, messaging tools, and other interactive features (collectively, "Interactive Services") that allow you to post, submit, display or transmit to other Users content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out below.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, except that content owned by either Seller or Buyer shall remain the property of said party and Oodi shall have no ownership rights in same.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Oodi and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with the TOS, and you agree to protect, defend, indemnify and hold harmless Oodi and its affiliates, partners, service providers and licensors for any breach of that representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Oodi, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to our Site, and all articles and responses to questions and other content, other than the content provided by Oodi, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Oodi. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

IN A NUTSHELL,

Don't post stuff you don't own, don't harass people, and for heaven's sake no inappropriate pics.


MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates our TOS, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public or could create liability for Oodi.
  • Limit the amount of storage space used by Users for if in its discretion the amount used is excessive.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate your access to all or part of our Site for any or no reason, including without limitation, any violation of this TOS.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS OODI AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OODI DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OODI OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

You may terminate your use of the Service if you do not have an open contract with a Seller. If you terminate your use of the Service with an open contract, all funds in escrow will be automatically dispersed to the Seller and the remainder of the contract will be canceled. You are not eligible to receive any refunds for the service that have been approved and paid to date. If you only wish to terminate a contract with a Seller for a valid reason, buyer must follow the dispute resolution process outlined in this Agreement. Termination of your use of the Service does not terminate any confidentiality (etc.) that you may have formed with Sellers.

All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

IN A NUTSHELL,

Think of gran-gran. Don't do anything you wouldn't want her to know about or we will take it down or may have to terminate your use. And we really don’t want to do that.


CONTENT STANDARDS

These content standards apply to any and all User Contributions and interactive services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote inappropriate material, violence, exploitation or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our TOS and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from us or any other person or entity, if this is not the case.
IN A NUTSHELL,

If any content violates our policies, we will take it down. Please be mindful of what you post!


RELIANCE ON INFORMATION POSTED

The information presented on or through our Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

IN A NUTSHELL,

We will do our best to keep you informed about everything, but the info on this site is not always all-encompassing. If you are unsure about something, just ask support!


INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

IN A NUTSHELL,

We collect information about you when you make an account (name, email, etc.) Our Privacy Policy tells you how we use that information.


GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the state of New Jersey in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

IN A NUTSHELL,

Oodi is based in the U.S.A for now and we can't support any other countries yet.


DISPUTE RESOLUTION

To resolve disputes which may arise between the parties, the parties agree to work in good faith to resolve all disputes (including claims for returns or refunds) directly. The party claiming damage will notify the President of the other party in writing of its claim and the Presidents or CEOs of said parties will attempt to resolve the dispute within ten (10) days. You acknowledge and agree that Oodi may provide any of your information that is applicable to other parties to the dispute, in its sole discretion.

If the issue cannot be resolved within ten (10) days through such direct negotiation between the parties, then the parties agree to submit to, and proceed in good faith with, third party mediation. Disputes with any Third Party Service provider shall proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider. Furthermore, Oodi shall maintain any disputed amount in escrow until the dispute is resolved. Oodi may provide access to such a third party mediation or dispute resolution service ("Third Party Dispute Service"). Terms and conditions for the Third Party Dispute Service are located at

https://assemblypayments.com/company/policies/terms-conditions

Oodi confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out in Section 7. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

If Oodi provides information of Users or third parties to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used solely for the purpose of resolving the dispute and for no other purpose, and that you agree to protect, indemnify, defend and hold Oodi harmless against any and all costs, claims, expenses and damages (including attorney fees) arising out of or relating to your use or any use of the information which is not permitted by this Agreement.

IN A NUTSHELL,

When you have a problem during a job, try and solve it amongst yourselves. If you can't come to an agreement, we provide a dispute resolution service accessible on the job page.


DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that content or files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OODI NOR ANY PERSON ASSOCIATED WITH OODI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OODI NOR ANYONE ASSOCIATED WITH OODI REPRESENTS OR WARRANTS THAT OUR SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. OODI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN A NUTSHELL,

We will do our best to keep Oodi safe and secure, but we are not liable. You use Oodi at your own risk.


LIMITATIONS ON LIABILITY

IN NO EVENT WILL OODI BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY SITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. OODI RELIES ON THESE LIMITATIONS WHEN ENTERING INTO THIS AGREEMENT AND SETTING ITS FEES. THEY ARE A FUNDAMENTAL AND ESSENTIAL PART OF OUR ARRANGEMENT, AND APPLY EVEN IF THIS AGREEMENT HAS FAILED IN ITS FUNDAMENTAL OR ESSENTIAL PURPOSE OR BEEN FUNDAMENTALLY BREACHED.

IN A NUTSHELL,

We will do our best to keep Oodi safe and secure, but we are not liable. You use Oodi at your own risk.


INDEMNIFICATION

You agree to protect, defend, indemnify and hold harmless Oodi, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of our TOS or Privacy Policy or your use of the Site, including, without limitation, any use of the Site's content, services and products other than as expressly authorized in the TOS or your use of any information obtained from the Site.

IN A NUTSHELL,

If you violate our TOS, we are not liable.


LIMITATION ON TIME TO FILE CLAIMS

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUT TOS, PRIVACY POLICY OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

IN A NUTSHELL,

Please let us know of any issues that arise within 1 year, otherwise there is not much we can do.


WAIVER AND SEVERABILITY

No waiver of this TOS by Oodi shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Oodi to assert a right or provision under this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.

IN A NUTSHELL,

You can’t ignore our TOS.


SURVIVAL

The provisions of this Agreement pertaining to use restrictions shall survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.

IN A NUTSHELL,

Our TOS survives even after you leave the site.


FORCE MAJEURE

Neither party is liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, provided that payments shall not be delayed.

IN A NUTSHELL,

Sometimes crazy stuff happens that's out of our control. Both Oodi and the user will not be liable if these crazy things happen.


NOTICE

All required notices, or notices which may be provided in accordance with this Agreement, shall be in writing and shall be duly provided for if the notice is remitted to its addressee by prepaid courier, registered or certified mail, or e-mail, if to Oodi to the address listed on the contact portion of Oodi’s Site, and if to the User to the address set out on its profile. Every notice delivered in the manner provided for herein shall be deemed to have been received: when delivered or if by e-mail the first business day after the date received.

IN A NUTSHELL,

Make sure to contact us about everything important!


NO ASSIGNMENT

Oodi may assign or delegate these TOS and Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the TOS or Privacy Policy without Oodi’s prior written consent, and any unauthorized assignment and delegation by you is void.

IN A NUTSHELL,

Oodi determines who must follow the TOS, you may not determine that without Oodi’s permission.


ENTIRE AGREEMENT

This TOS and our Privacy Policy constitute the sole and entire agreement between you and Oodi with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

IN A NUTSHELL,

You agree to the entire agreement!


YOUR COMMENTS AND CONCERNS

All complaints, feedback, comments, requests for technical support and other communications relating to Oodi including notices of copyright infringement claims should be directed to support@oodi.com.

Thank you for visiting Oodi!

IN A NUTSHELL,

If you have problems or questions reach out to support.


Last updated on Feb 16, 2017