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Welcome to Ocho. This document outlines the terms of use of Ocho’s Partner Communications Program and the Ocho Technology Platform. Before completing your onboarding to the Ocho Technology Platform, please read these terms of use carefully. You are required to read, understand, and agree to these terms of use.
These Terms of Use, together with the privacy policy (“Privacy Policy”) and our e-sign agreement (“E-Sign Consent Agreement”), and the rules, policies, terms and conditions set forth, referred to and/or linked herein, are collectively called “Terms” or “Terms of Use,” and are set forth by Ocho Holdings Co. and its affiliates (“Ocho”, “OCHO", "ocho.co", "our", "us", or "we"; for the avoidance of doubt, your current employer is not an affiliate of Ocho Holdings Co.).
The Agreement
These Terms have the full legal effect of a signed, written contract (“Agreement”) between you (“you” or “your”) and Ocho, regarding: (1) Ocho’s Partner Communications Program, including all emails, SMS text messages, and any other forms of communication between you and us (collectively, the “Program”), (2) your use of any website, mobile application, or any other technology platform in connection with the Program offered by or marketed by or on behalf of Ocho, including the Ocho Technology Platform (each an “Ocho App”), (3) your use of a third-party website in connection with the Program offered directly by Ocho, as applicable, (4) your use of any other service(s) in connection with the Program offered through the Website or an Ocho App, as applicable, including content, product, services, tools and programs made available by Ocho; and (5) your access to any service through the Website or an Ocho App in connection with the Program.
Your Eligibility to use the Program
Ocho reserves the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to review these Terms from time to time to remain informed of any changes. You agree that your continued use of the Program after the effective date of any changes means that you accept the changed Terms for your continued use. If Ocho makes a material change to these Terms, Ocho will provide you with reasonable notice of such changes (for example, by including a banner on the Ocho App or sending you an email). Your continued use of the Program after being notified of such changes means that you acknowledge and agree to the modified terms and conditions.
Limited License
Subject to these Terms, Ocho grants you a limited, revocable license to access and use the Ocho App or Website, as applicable, solely for their intended purposes: to participate in the Program. In addition, Ocho may grant you the right to access and use the Ocho App or Website, as applicable, for the purpose of uploading data and information in connection with the Program. No other use of the Ocho App or Website is authorized.
Our communications with you via the Program may make references to information, reports, or features specific to the Ocho Technology Platform (“Platform”).
User Account
In order to use most aspects of the Platform and Program, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information. The Platform and Program are offered only for your use, and your account may not be accessed or used by others. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Ocho. You hereby authorize Ocho, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation relating to your insurance or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or other instruments, and verifying your information against third party databases or through other sources.
Communications Opt In
When you provide your phone number or email in connection with the Platform, you affirmatively opt in to receiving communications through the phone number or email provided. We may modify or cancel the Program or any of its features without notice. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you have opted in, the Program provides notifications including, but not limited to:
- notifications for commissions earned,
- recognition for exceptional performance,
- updates to leaderboards,
- announcements for promotional events,
- progress towards one of Ocho’s monthly or annual rewards (e.g. The Ocho Chair’s Club), and
- recognition for milestones achieved.
If you have opted in, the SMS Service provides application servicing notifications, payment reminders and confirmations, policy changes, and account alerts from OCHO via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 808808 to cancel at any time. You'll receive a one-time opt-out confirmation text message. For SMS Service support or assistance, text HELP to 808808 or email support@ocho.co.
Notifications are provided to your email and/or via text messages through your wireless provider to the mobile number you provided. Mobile message frequency varies. Text the single keyword command STOP to 808808 to cancel at any time. You'll receive a one-time opt-out confirmation text message. For Program support or assistance, text HELP to 808808 or email partnersupport@ocho.co.
Voluntary Participation
You acknowledge that you are not being required by your employer to participate in the Program, and you shall not hold your employer liable for your voluntary participation and involvement in the Program. You understand that receiving email communications or SMS notifications from Ocho does not constitute work and is not an invitation to perform work, whether during or outside of standard working hours as agreed upon with your employer. You understand such communications are informational in nature. As such, you agree to not respond or reply to communications which explicitly state “DO NOT RESPOND,” “DO NOT REPLY,” or other similar messaging. Should you need to contact Ocho regarding the communications through the Program or any services offered by Ocho, please refer to the Contact Ocho section at the end of these Terms. Furthermore, you acknowledge that participation in the Program and Platform offered by Ocho is optional, and you shall not hold your employer liable for your voluntary participation and involvement in the Program or Platform.
Collection and Use of Your Information
We may ask you to provide personal information that will enable us to enhance your use of the Program and Platform, such as facilitating correspondence with you. It is always your choice whether or not to provide personal information. If you choose not to provide requested personal information, you may not be able to use certain features of the Program or Platform. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.
Ocho E-Sign Consent Agreement
Ocho will provide certain disclosures to you as part of the Platform onboarding process. In addition, we need your consent to complete the onboarding process before we can deliver, or authorize the delivery of, certain documents to you electronically.
Agreement to Provide Accurate Information
When you provide information to Ocho or in connection with the Program, you agree to provide only true, accurate, current, and complete information about yourself. In addition, you agree not to misrepresent your identity, your account information, or any other information asked about you through your use of the Program and Platform. You further agree to keep your contact information and account information up to date and accurate, and to notify Ocho promptly of any changes to this information.
User Responsible for Fees
If you use Ocho’s Platform and Program, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
User Content and License Grant by You to Ocho
All content added, created, uploaded, submitted, distributed, or posted to the Platform by users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all User Content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any User Content you access on or through the Platform is or will continue to be accurate.
Furthermore, by uploading User Content, you are granting Ocho a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Ocho to operate the Platform and Program. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Ocho to make such User Content available to, and pass these rights along to, others with whom Ocho has contractual relationships related to the provision of the Platform and Program, solely for the purpose of providing such Platform and Program, and to otherwise permit access to or disclose your User Content to third parties if Ocho determines such access is necessary to comply with its legal obligations.
Limitations on your use of Ocho
The Platform and Program are offered only for your use, and not for the use or benefit of others. Your Account may not be used for Platform and Program to be performed for another person. You agree to use the Platform and Program only for lawful purposes. You may not use the Platform and Program in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. As a condition of use, you promise not to use the Platform and Program for any purpose that is prohibited by these Terms. You agree to act honestly and in good faith. You are responsible for all of your activity in connection with the Platform and Program. You agree not to use the Platform and Program in a way that will distract from and/or interfere with your driving.
By using the Platform and Program you agree not to: (i) create an Account for anyone other than yourself; (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (iii) attempt to use another person’s Account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Platform and Program, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform and Program, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Platform and Program to provide any service that is competitive, in our sole discretion, with the Platform and Program; (vii) adapt, modify or create derivative works based on the Platform and Program or technology underlying the Platform and Program, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Platform and Program, in whole or part; (ix) use the communication systems provided by the Platform and Program for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Platform and Program, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and Program (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Platform and Program; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Platform and Program (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Platform and Program, or to access the Platform and Program in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Platform and Program, add or download contacts, send or redirect messages, or perform other similar activities through the Platform and Program; (xviii) access, via automated or manual means or processes, the Platform and Program for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Platform and Program; (xx) attempt to or actually access the Platform and Program by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Platform and Program using any third-party service, including software-as-a-service platforms that aggregate access to multiple Platform and Program; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform’s and Program’s infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Platform and Program, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Platform and Program; (xxii) interfere or disrupt or game the Platform and Program, including, but not limited to any servers or networks connected to the Platform and Program, or the underlying software; and/or (xxiii) otherwise violate the Terms.
Disputes with Ocho
If a dispute arises between you and Ocho, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact Ocho by email at partnersupport@ocho.co or by phone at 1-800-220-1416 to try resolving your problem directly with us.
Mandatory Arbitration
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE OCHO PLATFORM AND PROGRAM OR THE WEBSITE OR AN OCHO APP.
Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your use of the Platform and Program, your visit to the Website, a product offered or provided by or through the Platform and Program, or otherwise arising out of or relating to this Agreement or the Platform and Program or Webstie that cannot be resolved directly between you and Ocho shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. 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. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Ocho will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
RIGHT TO OPT OUT
If you do not want this Section to apply, you must send Ocho a signed notice in writing or electronically within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing to Ocho Holdings Co. Attn. "Terms of Use Section 4 Opt Out", 756 Lake Street, San Francisco, CA 94118 or by email to: partnersupport@ocho.co. You must provide your name, address, and phone number from your Account and state that you "opt out" of Section 4 within the Ocho Terms. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.
Termination
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Platform and Program with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Platform and Program will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Intellectual Property and Trademark
All names, service marks, logos, trade names, trademarks, websites, and domain names, including Ocho App and Website content, including but not limited to all images, icons, text, videos, music, software, logos, and expressions and ideas, is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Ocho App and Website. We may bring an action against any person who infringes any of our intellectual property, including information set forth on the Ocho App and Website.
If you submit suggestions or other feedback regarding the Ocho App and Website or your experience ("Feedback"), you agree that all ideas, expressions, and inventions submitted to us via th Ocho App and Website shall be deemed and remain our property, and we will be free to use any such Feedback, including ideas, concepts, know-how, or techniques provided for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Ocho App and Website solely for your own personal, non-commercial use.
Disclaimer of Warranty
Ocho App and Website content is provided “as is” and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Ocho assumes no responsibility, and shall not be liable for, any viruses that may infect or damage your computer equipment or other property as a result of your access to, use of, or browsing of the Ocho App and Website, the web, or your downloading of any materials, data, text, images, video, or audio from the Ocho App and Website or the web.
We do not warrant nor represent that your use of materials displayed on the Ocho App and Website will not infringe rights of third parties not owned or affiliated with us.
Limitations of Liability
We make the attempt to provide accurate and timely information on the Ocho App and Website; however, there may be inadvertent, factual, typographical, or technical errors. Also, there are certain aspects of web usage, email, your computer, and your connection to the internet that we cannot control. Therefore, we make no representation that the operation of any Ocho App and Website will be uninterrupted or free of errors, and we will not be liable for any interruptions, errors, or loss. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website or the privacy of responses to you via email.
Under no circumstances shall we be liable to you or any third party, whether in contract, tort, warranty, reliance, or otherwise, for any direct or indirect, special, incidental, or consequential damages that may arise in connection with any Ocho App and Website, or from your use of, or inability to use, any Ocho App and Website by any person; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or disclosure of information during reply to you by email or other electronic means; even if Ocho or representatives thereof are advised of the possibility of such damages, losses, or expenses.
Indemnification
You agree to indemnify, defend and hold Ocho harmless from any liability, including reasonable attorney fees, related to your use of the Platform and Program or any violation of these Terms.
Confidentiality of Internet Not Guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the internet is completely confidential, and we expressly disclaim any implied warranty to the contrary. There are certain aspects of internet usage, your computer, and your links to the internet we cannot control. Therefore, transmission of information to us on the internet must be undertaken at your own risk.
Additional Terms and Governing Law
These Terms, and any other written agreements entered into by Ocho and you pursuant to activities engaged in as a result of use of the Platform and Program, make up the entire agreement between the parties regarding the Platform and Program and your use of the Platform and Program, and supersedes any prior agreements. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by Ocho. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Platform and Program. Except as provided above (regarding Mandatory Arbitration) the laws of the State of Delaware govern your access to and use of the Platform and Program and the terms of this Agreement.
Termination
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Intellectual Property and Trademark
All names, service marks, logos, trade names, trademarks, websites, and domain names, including Website and Ocho App content, including but not limited to all images, icons, text, videos, music, software, logos, and expressions and ideas, is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website and any Ocho App. We may bring an action against any person who infringes any of our intellectual property, including information set forth on the Website or Ocho App.
If you submit suggestions or other feedback regarding the Website or your experience ("Feedback"), you agree that all ideas, expressions, and inventions submitted to us via this Website shall be deemed and remain our property, and we will be free to use any such Feedback, including ideas, concepts, know-how, or techniques provided for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use.
Disclaimer of Warranty
Website and Ocho App content is provided “as is” and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Ocho assumes no responsibility, and shall not be liable for, any viruses that may infect or damage your computer equipment or other property as a result of your access to, use of, or browsing of the Website or Ocho App, the web, or your downloading of any materials, data, text, images, video, or audio from the Website or Ocho App or the web.
We do not warrant nor represent that your use of materials displayed on the Website or an Ocho App will not infringe rights of third parties not owned or affiliated with us.
Limitations of Liability
We make the attempt to provide accurate and timely information on this Website and any Ocho App; however, there may be inadvertent, factual, typographical, or technical errors. Also, there are certain aspects of web usage, email, your computer, and your connection to the internet that we cannot control. Therefore, we make no representation that the operation of this Website or any Ocho App will be uninterrupted or free of errors, and we will not be liable for any interruptions, errors, or loss. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website or the privacy of responses to you via email.
Under no circumstances shall we be liable to you or any third party, whether in contract, tort, warranty, reliance, or otherwise, for any direct or indirect, special, incidental, or consequential damages that may arise in connection with this Website, or from your use of, or inability to use, this Website by any person; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or disclosure of information during reply to you by email or other electronic means; even if Ocho, Inc. or representatives thereof are advised of the possibility of such damages, losses, or expenses.
Indemnification
You agree to indemnify, defend and hold Ocho harmless from any liability, including reasonable attorney fees, related to your use of the Services or any violation of these Terms.
Confidentiality of Internet Not Guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the internet is completely confidential, and we expressly disclaim any implied warranty to the contrary. There are certain aspects of internet usage, your computer, and your links to the internet we cannot control. Therefore, transmission of information to us on the internet must be undertaken at your own risk.
Additional Terms and Governing Law
These Terms, and any other written agreements entered into by Ocho and you pursuant to activities engaged in as a result of use of the Services, make up the entire agreement between the parties regarding the Services and your use of the Services, and supersedes any prior agreements. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by Ocho. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Services. Except as provided in Section 4 (regarding Mandatory Arbitration) the laws of the State of Delaware govern your access to and use of the Services and the terms of this Agreement.
Contact Ocho
Please contact us by email at partnersupport@ocho.co, by phone at 1-800-220-1416.
Doing Business Electronically
In connection with Ocho’s Services, Ocho and its partners are required by law to provide you with certain disclosures in writing. "Disclosures" include, but are not limited to:
By providing your consent as set forth below ("Consent"), you agree to the following:
Hardware and Software Requirements
Before you provide your Consent, you must determine if you have the necessary hardware and software described below. To electronically receive, access, print and save the disclosures and communications from us, you must have:
Please print or save a copy of this Consent to be sure you have the necessary hardware and software and to keep for your records.
Withdrawing Consent
You may withdraw your Consent at any time by calling Ocho at 1-800-220-1416 or by emailing us at support@ocho.co. Please note that it may take approximately three (3) business days from receipt of a written request to process such request. If you withdraw your Consent prior to submitting your loan application, you will not be able to submit your loan application because all loan applications require an electronic signature. If you withdraw your Consent after submitting your loan application but before a final credit determination, this action will be treated as the affirmative withdrawal of your loan application and the review of your loan application will be terminated. If you withdraw your Consent after you have received a loan, all previously agreed terms and conditions will remain in effect and Ocho will make future Disclosures available by mailing them to the address you have on file with Ocho. In the case of any withdrawal of your Consent, any Disclosures that Ocho previously provided to you electronically will remain valid, enforceable, sufficient for its intended purpose, and unaffected by such withdrawal.
Copies Available at No Charge to You
You may obtain paper copies of all Disclosures by printing them from your access device. You may also request a paper copy of any Disclosures provided to you electronically at no charge to you by calling Ocho at 1-800-220-1416 or by emailing us at support@ocho.co.
Updating Contact Information
You agree to promptly alert Ocho of any change in the contact information you provide Ocho by calling Ocho at 1-800-220-1416 or by emailing us at support@ocho.co.You agree that Ocho is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Ocho's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Consent and Acknowledgment
You agree that: you can receive Disclosures electronically and can access, print, and save such Disclosures; the actions described herein or on the Disclosures as serving as electronic signatures will serve as such electronic signatures herein or on such Disclosures; and that you are providing your Consent under the Electronic Signatures in Global and National Commerce Act (E-Sign Act), and intending that this law apply to your transactions with Ocho.