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Welcome to Ocho. We are so glad you found us! Woo hoo! This document outlines the terms of use of Ocho’s services. Before using any of Ocho’s services, you are required to read, understand, and agree to these Terms.
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").
The Agreement
These Terms have the full legal effect of a signed, written contract (“Agreement”) between you (“you” or “your”) and Ocho, regarding: (1) your use of this website (“Website”) or any mobile application offered by or marketed by or on behalf of Ocho or any other technology platform offered by Ocho (each an “Ocho App”), (2) your use of the Website, an Ocho App, or a third-party website in connection with Services offered directly by Ocho, as applicable, (3) your use of any other service(s) offered through the Website or an Ocho App, as applicable, including content, product, services, tools and programs made available by Ocho; and (4) your access to your Ocho account information and access to any service through the Website or an Ocho App (collectively, the “Services”).
Your Eligibility to use the Services
In order to be eligible to use the Services, you must: (1) be at least 18 years old and a legal adult in the jurisdiction in which you reside, (2) have the right, authority, and capacity to enter into this Agreement and to be bound by the Terms, and (3) agree to be bound by these Terms, as well as to comply with any and all applicable laws and regulations. You represent and warrant that you are eligible to use the Services. If you are not eligible, or you do not agree to abide by the Terms, then you do not have Ocho’s permission to use the Services.
Changes to this Agreement
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 Services 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 our Website or sending you an email). Your continued use of the Services after being notified of such changes means that you acknowledge and agree to the modified terms and conditions. Please note that obligations and rights provided for under the terms of insurance policies bound through use of the Services can only be modified under the terms of such insurance policies, as applicable.
Limited License
Subject to these Terms, Ocho grants you a limited, revocable license to access and use the Website or Ocho App, as applicable, solely for their intended purposes: to learn more about our Services, and to access our Services. In addition, Ocho may grant you the right to access and use the Website or Ocho App, as applicable, for the purpose of uploading data and information in connection with our Services. No other use of the Website or Ocho App is authorized.
Premium Financing
When you seek to buy car insurance through Ocho, you may be offered a premium financing product with terms as stated in your Premium Finance Agreement (“Premium Finance Agreement”). Premium financing terms may vary based on the amount of the insurance premium and other factors. If you purchase car insurance and agree to a Premium Finance Agreement through Ocho, Ocho will pay the insurance carrier on your behalf in exchange for your promise to repay according to the terms of your Premium Finance Agreement.
Your Promise to Pay
Before completing any transaction on your behalf through the Services, Ocho will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the total loan payments amount to Ocho or its assigns, by asking you to electronically sign your Premium Finance Agreement.
Interest Rate for Premium Finance = 0% APR
You will not be charged any interest when you buy car insurance through Ocho using premium finance: the Annual Percentage Rate (“APR”) is 0%.
Finance Charge for Premium Finance = $0
You will not be charged any finance charge when you buy car insurance through Ocho using premium finance: the finance charge is $0.
Late Payment for Fee Premium Finance = $0
You will not be charged any late payment fee when you buy car insurance through Ocho using premium finance: the late payment fee is $0.
Payments
If we accept your insurance application, Ocho may accept payment via debit card or other electronic payment service. Ocho or our third party payment processing partner will bill you based on the information you provide and we accept. All currency references are in U.S. dollars. By adding an electronic payment method such as a bank account or debit card (“Payment Method”), you authorize Ocho to automatically charge the Payment Method on file for recurring payments, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities.
Payments will be charged to your primary Payment Method according to the payment schedule on your Premium Finance Agreement, unless paused. To see your next recurring billing date, refer to your Premium Finance Agreement or payment plan as outlined in your online account. If you have enrolled in our Ocho SMS Mobile Message Service (described below) and you are eligible to receive mobile messages, we will text you a payment reminder before charging your Payment Method.
To stop recurring charges on your primary Payment Method, you may add a new primary Payment Method, switch to a different payment method on file, or elect to disable the payment method. If you choose to disable a payment method, you can enable it again at any time. By enabling a payment method, you authorize Ocho to automatically charge it for recurring payments according to your Premium Finance Agreement.
You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your insurance policy. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, chargeback, invalid payment method details, or otherwise, we may initiate the cancellation of your policy. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Payment Reminders, Servicing and Collection
You agree to allow Ocho to send you payment reminders from time to time. Such payment reminders may take the form of any available communication, subject to applicable law, and notwithstanding whether you have consented or withdrawn your consent to the Ocho E-Sign Consent Agreement. You also agree that if you fail to pay an amount owed to Ocho pursuant to a Premium Finance Agreement or any other agreement you have with us, Ocho may engage in collection activities to recover such amounts from you. These collection activities may involve contacting you directly, submitting your information to a collections agency, or taking legal action. You acknowledge that FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
Tools We May Offer
From time to time, Ocho may offer you the ability to access certain financial management tools. Examples of such tools may include, but are not limited to, bill payment reminders and other similar services. These tools will be provided to you free of charge and are provided exclusively for personal use, unless we indicate otherwise.
Limitations on Tools
You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.
Accuracy, Reliability, and Timeliness of Information Provided through the Tools
YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.
Collection and Use of Your Information
We may ask you to provide personal information that will enable us to enhance your use of the Services, such as providing you with an insurance quote or policy, facilitating correspondence with you, or handling or completing transactions. 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 Services.
In addition, you authorize Ocho, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your phone number, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Ocho reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information
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.
Authorization to Obtain Consumer Reports and Contact Third Parties
You authorize Ocho to use your personal information for purposes of obtaining your consumer reports and verifying any information you provide in connection with your prequalification for premium financing and your use of Ocho’s Services. Your consumer reports include, without limitation, reports provided by the three major credit bureaus, as well as reports provided by other consumer reporting agencies. You also authorize Ocho to contact additional third party data providers, including without limitation, state departments of motor vehicles, and similar agencies or services that collect and report consumer data for the above purpose and in connection with your application, including but not limited to pre-filling forms to expedite your application.
You also authorize Ocho to obtain your consumer reports from time to time in connection with any other services that we offer or that you may obtain from us, including but not limited to insurance products and credit profile tools.
You authorize and are hereby providing written instructions (pursuant to the Fair Credit Reporting Act) to Ocho to request and obtain:
Soft pull consumer reports will not affect your credit score, nor does the soft pull consumer report create any obligation.
You acknowledge and agree that Ocho is permitted to use such consumer reports about you, and information derived therefrom, in connection with:
You understand that Ocho may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you. You acknowledge again that FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
Ocho’s SMS Mobile Message Service
Ocho offers an SMS mobile message service (the "SMS Service"). We may modify or cancel the SMS Service or any of its features without notice. We do not charge for the Service, 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 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.
If you elect to receive marketing text messages from Ocho, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive marketing calls and recurring promotional SMS text messages from us sent through an automatic telephone dialing system. Message frequency varies. This service is optional and is not a condition for getting a quote or making a purchase. Alternatively, you can call us at 1-800-220-1416 or send an email to support@ocho.co.
You can unsubscribe from receiving marketing calls and promotional text messages at any time. Please note that unsubscribing from promotional SMS text messages will not prevent you from receiving SMS texts from Ocho directly relating to your use of the Services, including but not limited to alerts regarding your account and policy or payment notifications and confirmations, that are necessary to provide the requested Services to you. To unsubscribe from promotional SMS texts, email support@ocho.co or reply STOP to any promotional text message you receive from Ocho. You will receive a one-time opt-out confirmation text message.
We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the SMS Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.
Insurance Quotes and Coverages
All pricing and quotes generated through the Services are based on information you provided, as well as, in some cases, information we obtain from third parties. Quotes or pricing do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue, or renew insurance coverage for any party. The coverage descriptions provided on the Services are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. In order to arrange for insurance coverage described on the Services, you must complete all of the steps on the Services through the final application through the Services or otherwise. Applications are subject to underwriting review and approval. We have no special relationship with or fiduciary duty to you, and Ocho is not responsible for determining the suitability of insurance coverages acquired through the Services.
Ocho E-Sign Consent Agreement
Ocho will provide certain disclosures to you before you enter into a transaction electronically via the Services. In addition, we need your consent to enter into such transactions 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 Services, you agree to provide only true, accurate, current, and complete information about yourself and any listed drivers, including but not limited to, any motor vehicle accidents, moving violations and/or suspensions, and revocations or invalidations of the driver’s license/operational permit of any listed driver. In addition, you agree not to misrepresent your identity, your account information, or any other information asked about you through your use of the Services. 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 Services, 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 Accounts
In order to use most aspects of the Services, 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. 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.
User Content and License Grant by You to Ocho
All content added, created, uploaded, submitted, distributed, or posted to the Services 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 Services 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 Services 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 Services. 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 Services, solely for the purpose of providing such Services, 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.
Insurance Claims
You may elect to report an insurance claim via the Services where available. Any such reporting is subject to the applicable insurance policy. If you have any questions concerning the coverage afforded by your policy, please contact us by email at support@ocho.co, by phone at 1-800-220-1416, or by mail at 756 Lake Street San Francisco, CA 94118.
Limitations on your use of Ocho
The Services are offered only for your use, and not for the use or benefit of others. Your Account may not be used for Services to be performed for another person. You agree to use the Services only for lawful purposes. You may not use the Services 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 Services 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 Services. You agree not to use the Services in a way that will distract from and/or interfere with your driving.
By using the Services 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 Services, 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 Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (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 Services, or to access the Services 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 Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services 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 Services; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; (xxii) interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, 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 support@ocho.co, by phone at 1-800-220-1416, or by mail at 756 Lake Street San Francisco, CA 94118 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 SERVICES 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 visit to the Website, your use of the Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services 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: support@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 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.
Complaints
The Services are Ocho is licensed and examined under the laws of the State of California and by state law is subject to regulatory oversight by the Department of Financial Protection and Innovation. If you wish to file a complaint against Ocho, you should contact the Department of Financial Protection and Innovation through one of the following means (U.S. Mail: Department of Financial Protection and Innovation, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814; Telephone No.: (866) 275-2677; Website: http://www.dfpi.ca.gov).
Contact Ocho
Please contact us by email at support@ocho.co, by phone at 1-800-220-1416 , or by mail at 756 Lake Street San Francisco, CA 94118.
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.
