You are entering a binding contract with OCRIO, its parent, and affiliates. By using this website, www.ocrio.com, and by submitting your information and clicking to agree to these TERMS OF SERVICE and Privacy Policy, you agree that you are giving your express written consent to all the terms below which contains an Arbitration Agreement and Class Action Waiver, as well as our Privacy Policy. You agree that your doing so constitutes your electronic signature, and is equivalent to a written signature. You may choose to receive this contract on paper by calling (917) 417-2036 or e-mailing us at webmaster@ocrio.com. You may withdraw this consent by using the opt-out procedures described below. By accessing www.ocrio.com, you are consenting to the information collection and use practices described in the Privacy Policy.
These TERMS OF SERVICE (“Terms”) govern www.ocrio.com (the “Site”), which are owned and operated by OCRIO (“we,” “us,” “our,” or the “Company”). These Terms govern your current visit to the Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on the Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit the Site. Access or use of the Site following any change to the TERMS OF SERVICE constitutes your agreement to those changes. If at any time you choose not to accept the Terms that are in effect at such time, you should not access or use the Site.
By accessing the Site, you agree to the following Terms:
You acknowledge and affirm that you are over the age of 18 and a legal resident of the United States. You may not access or use any Site if you are unable to form a binding, legal agreement with the Company. You assume all responsibility for your use of, or access to, the Site, including your access to any Site Content or User Content, as defined below, and hereby waive all claims or causes of action against the Company, its affiliates, parent company, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith. In connection with use of the Site, users may be required to complete and submit certain information. All Site User information shall be governed by our Privacy Policy.
The Company works with financial institutions, lenders, funding companies, and other businesses that provide financing, funding and loan products. The Company provides OCR software to assist underwriters and lenders in evaluating, analyzing, and reviewing bank statements and other financial documentation.
By using the services available through the Site, you consent to transact business electronically and receive electronically all disclosures, agreements, notices or other records that we are required by law to disclose to you in writing. Your consent will remain in effect as long as you are a user and, if you are no longer a user, will continue until expressly revoked by you.
(TCPA Consent for United States Residents)
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION WHETHER ON A REQUEST FOR DEMO OR OTHERWISE, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE E-MAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR PROVIDE ON THE SITE. YOU ARE FURTHER PROVIDING YOUR EXPRESS WRITTEN CONSENT TO SHARE YOUR CONTACT INFORMATION WITH ANY OF OUR AFFILIATE COMPANIES AND APPROVED INDEPENDENT CONTRACTORS AND VENDORS WHO MAY ALSO CONTACT YOU VIA TEXT MESSAGING, ARTIFICIAL OR PRE-RECORDED VOICE MESSAGES AND AUTOMATIC DIALING TECHNOLOGY, EVEN IF YOUR TELEPHONE NUMBER IS CURRENTLY LISTED ON ANY INTERNAL, CORPORATE, STATE, FEDERAL OR NATIONAL DO-NOT-CALL (DNC) LIST. YOUR CELLULAR OR MOBILE TELEPHONE PROVIDER WILL CHARGE YOU ACCORDING TO THE TYPE OF PLAN YOU CARRY.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE E-MAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN E-MAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF E-MAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER E-MAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP E-MAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL PERSON WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
Your consent here also serves as your express written consent to electronic communications from us in the past.
You represent and warrant that:
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
HOW TO CONTACT US: You can contact us via email at webmaster@ocrio.com. You may also reach us in writing to us at the following address: OCRIO, 404 5th Avenue, New York, New York 10018.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or services through the Company, its affiliate companies, approved independent contractors or vendors, or other third parties. The Company may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If the Company becomes aware, through a complaint or otherwise, of any potential or suspected violation of these TERMS OF SERVICE or of its privacy policy (“Privacy Policy”), the Company may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation the Company may suspend services to any customer being investigated and/or remove any material from the Company’s servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these TERMS OF SERVICE or the Privacy Policy could be subject to criminal or civil penalties.
All content on the Site, including but not limited to designs, articles, functions, text, graphics, photographs, images, video, information, materials, documents, software, music, sound and other files, and their selection and arrangement and other content solely provided by or on behalf of the Company on any Site, specifically excluding any User Content (as defined below) (collectively, “Site Content”), is the sole property of the Company, as between you and the Company. The Site and all of the Site Content, and the selection and arrangement thereof, and protected under the copyright laws and other intellectual property laws of the United States.
The Company reserves all rights, in and to the Site and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the Company name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of the Company, its affiliates, or approved independent contractors. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law.
All content on the Site, including but not limited to the Site Content, are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation; any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
You represent, warrant, and agree that no materials of any kind posted or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect e-mail addresses or other contact information of users from the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site.
(Mandatory Binding Arbitration and Class Action Waiver)
READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.
This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the TERMS OF SERVICE and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the TERMS OF SERVICE and Privacy Policy, if such third party is named as a party by you in any lawsuit between you and us.
A. Your Right to Reject Arbitration: You may reject this Agreement by mailing a rejection notice to 404 5th Avenue, New York, New York 10019, Attn. TERMS OF SERVICE and Privacy Policy Arbitration Rejection, within thirty (30) days after you agree to these TERMS OF SERVICE. Any rejection notice must include your name, address and telephone number; the date you agreed to the TERMS OF SERVICE that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the TERMS OF SERVICE and Privacy Policy, but will not affect any term of any other contract between you and us (including without limitation any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate, including each agreement to arbitrate that arises pursuant to the TERMS OF SERVICE on the Company’s website which is not the subject of a valid rejection notice.
B. What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the TERMS OF SERVICE or Privacy Policy, your use of this website, your Account, any transaction in your Account, the events leading up to the TERMS OF SERVICE or Privacy Policy (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the TERMS OF SERVICE or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief.
However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the TERMS OF SERVICE or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement will not apply to any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Agreement in which you are alleged to be a member of the putative or certified class.
C. Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
D. Choosing the Administrator: The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y 10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.org. You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). A single arbitrator shall be appointed. If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator.
E. Class Action Waiver: Notwithstanding any other provision of the TERMS OF SERVICE or Privacy Policy, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency).
F. Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
G. Cost of Arbitration: Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules or that we are required to pay for this Arbitration Agreement to be enforced.
H. Governing Law: The TERMS OF SERVICE or Privacy Policy evidences a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator will have the authority to hear and rule on appropriate dispositive motions for judgment on the pleadings, for failure to state a claim, or for full or partial summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the TERMS OF SERVICE or Privacy Policy, the Administrator’s rules or applicable law. However, with respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Agreement to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or the arbitrator or for our attorneys’ fees and costs unless (1) the arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), and (2) this power does not make this Arbitration Agreement invalid. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
I. Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.
J. Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
K. Rules of Interpretation: This Arbitration Agreement shall survive the termination, cancellation or suspension of the TERMS OF SERVICE or Privacy Policy, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the TERMS OF SERVICE or Privacy Policy, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the TERMS OF SERVICE or Privacy Policy or the remaining portions of this Arbitration Agreement, except that:
A. The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and
B. If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
L. Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.
We agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and www.ocrio.com or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements, or other content that you upload, publish, provide, or display (hereinafter, “post”) on or through the Site, or transmit to or share with other users (collectively the “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, users or others. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense). This license grants the Company the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof; to prepare derivative works of, or incorporate into other works, such User Content; and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
The Company may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively “Third-party Content”). Third-party Content is not under the control of the Company. The Company makes no claim or representation regarding—and accepts no responsibility for—the quality, content, nature, or reliability of Third-party Content, any services accessible by hyperlink from our Site, links contained in any Third-party Content, or any review, changes, or updates to a third-party website or for third-party websites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-party Content are those of the respective author(s) or distributor(s) and not of the Company. The Company does not guarantee the merchantability or fitness for any particular purpose of Third-party Content. When leaving our Site, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party sites. Additional disclaimers and limitation of liability are noted below.
The Company’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy available at https://www.ocrio.com/privacy-policy/. The Privacy Policy sets out your rights and the Company’s responsibilities with regard to your personal information. The Company will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that the Company, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.
The Company utilizes secure technology to protect your personal information. Although the Company has taken reasonable measures to provide for the security of certain information that you submit to the Site, the Company cannot guarantee that this information will not be intercepted or decrypted by others. The Company accepts no responsibility for such interception or decryption.
You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of the Company. The Company reserves the right to terminate your access to the Site or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.
The Company uses reasonable efforts to ensure that the information on this site is accurate, but cannot guarantee such accuracy. The Company makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter.
THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
These exclusions and limitations are applied to the fullest extent permitted by law.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, COSTS, OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that any cause of action arising out of or related to the Company, any Site, or any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to indemnify, defend, and hold harmless the Company, its affiliate companies, parent company, approved independent contractors, including without limitation, the Company’s service providers and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content, or User Content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Site on your behalf. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
By using the Site, you understand and agree that the Company, at its sole discretion and without prior notice, may terminate your access to the Site and to any services offered on the Site, and may remove any content you have provided if the Company believes that such content violates or is inconsistent with these TERMS OF SERVICE or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of the Company or another user.
We respect copyright ownership and expect users of our Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright. If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to the Company through our designated agent at the address listed below containing the following information: (a) 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; (b) 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; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (d) 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; (e) 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; and (f) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.
These Terms operate to the fullest extent permissible by law. All rights not expressly granted are reserved to the Company. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These TERMS OF SERVICE and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
The headings used in these TERMS OF SERVICE are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the TERMS OF SERVICE shall not be construed as a waiver of such or any future provision or right.
The Company makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by the Company to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law.
You agree that we may change the website, these TERMS OF SERVICE, and our Privacy Policy at any time. If we change these Terms of Service or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. You should review our TERMS OF SERVICE and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms of Service or Privacy Policy will expressly reaffirm your express written consent to the TERMS OF SERVICE, and acceptance of the changes.
Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at webmaster@ocrio.com or at this address: Ocrio, 404 5th Avenue, New York, New York 10019. The opt-out shall be effective ten (10) days after receipt. In the event you opt-out, our agreement will continue to be governed by the TERMS OF SERVICE in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.
OCRIO
404 5th Avenue
New York, New York 10019
(917) 417-2036
Last updated: July 12, 2019