Terms

1) Acceptance of The Terms of Use

Ohh Look, LLC, a California limited liability company (which these policies refer to as “Company”, “we”, “us”, or “our”) is a technology platform that provides an online, bi-lateral marketplace, connecting users that need tasks completed (referred to as “Recipient-Users”), to other users that are willing to perform the tasks (referred to as “Provider-Users”). These Terms of Use govern and apply to all users who register, create accounts, access or use (referred to as “user,” “you” or “your”) our services, which consist of the website www.ohhlook.com (the “Website”), mobile application Ohh Look (the “App”) and including any software, features, content, functionality, other services or products offered through the Website or App (collectively referred to as the “Services”). All Users will be bound to the terms and conditions.

Please read these Terms of Use, and Privacy Policy before creating or registering any Provider-User or Recipient-User account, or placing any orders for products or services through our Website or App, or creating, offering or selling any products or services through the Website or App. By creating a Provider-User or Recipient-User account, placing any orders or purchases through the Services, or selling any products or services through the Website or App, you acknowledge that you have read the following Terms of Use, and all other terms referenced herein, that you understand them, and agree to be bound and abide by them. If you do not agree to all of the Terms, you must not access, use, register with, make any purchases through, or offer or sell any products or services through, the Website or App as a Provider-User or Recipient-User.

We utilize payment processing services provided by Stripe, Inc. (“Stripe”), a third-party platform that enables Provider-Users and Recipient-Users to make payments for Ohh Look services via credit or debit card. These services are governed by the Stripe Connected Account Agreement, which incorporates the Stripe Terms of Service (together referred to as the “Stripe Services Agreement”). By using Stripe, Provider-Users and Recipient-Users agree to comply with the Stripe Services Agreement, which Stripe may modify at their discretion. To enable payment processing through Stripe, you must provide Ohh Look with accurate and complete information. You authorize Ohh Look to share this information, along with details of your transactions, with Stripe, whom assumes responsibility for all payment processing.

User Age

You must be at least 18 years of age or older, to use the Services. By creating an account or using the Services, you represent and warrant that you are 18 years of age or older, and can enter into legally binding agreements under applicable law. If you do not meet these requirements, you must not access or use the Services. If you allow any minors under the age of 18 to access or use the Services, you shall be solely responsible for their uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.

Changes

We may revise and update these Terms of Use from time to time in our sole discretion and without prior notice. Any changes to the Terms will be in effect as of the “Last Modified” date referenced above and on the Services. Ohh Look will notify all users via email, when updates are made to the Terms of Use. In case that a Provider-User or Recipient-User did not receive updated Terms of Use, it is advisable for all users to review the most current Terms of Use on the Ohh Look website or app, so that you can choose whether to continue using the Ohh Look Services. Your continued use of the Site or Services after any changes take effect will signify your acceptance of those changes. These Terms replace all previous versions.

ARBITRATION: THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION DETAILS IN SECTION 22 BELOW.

2) Privacy Policy

Our Privacy Policy explains our practices for collecting and using user information. All information we collect through the Services, including information you provide during registration, in filling out forms or otherwise, is subject to and governed by our Privacy Policy, which is incorporated herein by this reference. By accessing, installing or otherwise using the Services, you agree to be bound by the Privacy Policy and consent to all actions taken by us pursuant to the Privacy Policy.

3) Provider-User Policies

Provider-User Licensing

Our Provider-Users must maintain all licenses, insurances, or certifications required by the state to provide their services, and be duly authorized to provide such services and information to Customers through the Services of our site. By creating an account or using the Services as a Provider-User, each Provider-User represents and warrants that they are duly licensed by the state to provide their services, have a current license to provide such services if required, and are duly authorized to provide such services and information through the Services. If you do not meet these requirements, you must not access or use the Services as a Provider-User. If your license becomes invalid for any reason after signing up for the Services as a Provider-User, you must immediately discontinue any and all uses of the Services, and any information or services provided to Customers. If you use the Services as a Provider-User and do not meet these requirements, you shall be solely responsible for your uses of the Services, and you shall indemnify us against any losses, claims or damages that may result. You are responsible for managing and maintaining up to date documentations and must present it to any Recipient-User or Ohh Look employee upon request for verification.

4) Services, Customers, Limitations & User Responsibilities

We offer an online community where users can connect and exchange information with others who share similar interests. We provide a platform for individuals seeking services and professional providers who offer those services. Providers and Customers can post jobs on the Site, and Provider-Users and Recipient-Users can search for, narrow, find, and communicate with individuals and entities who provide services (“Providers”).

In-Home/Mobile Services

The primary purpose of our Website and App is for Provider-Users to connect with and provide their own task-related services to Customers or Recipient-Users. In registering as a Provider-User on our Website or App, you represent and warrant that you shall only use the Website or App to create, offer, promote and sell such in-home or mobile services for which you are qualified to provide (the “Home Services”). Such Home or mobile Services shall be conducted solely between you and the Customers or Recipient-Users. These “Home Services” shall also include virtual services as well as services offered at the provider's place of business.

Customers

Once a Recipient-User contacts a Provider-User with respect to their Services, they shall be deemed to be your Recipient-User only, and shall not be Customers of our Company (Ohh Look) for any purpose. Accordingly, such Customers shall be subject to and bound only by your Customer policies, including but not limited to your website or mobile application terms of use and privacy policy, payment policies, and all other written policies of any kind that you may have.

Third-Party Providers

You acknowledge and understand that ALL SERVICES OR PRODUCTS YOU OFFER ON OR THROUGH OUR WEBSITE OR APP ARE OFFERED AND SOLD BY YOU DIRECTLY TO THIRD-PARTY PURCHASERS (IE. THE CUSTOMERS). We are not responsible or liable to you, or any third party, for the products, services, content or materials provided or offered by you. Your policies for payments, scheduling, cancellations, refunds or otherwise, shall be governed by your terms and conditions, and must be conducted directly between you and the Recipient-User. Customers are instructed to contact you about any payment, scheduling, cancellation or refund of any home or mobile Services purchased from you. You should include clear contact information on your Provider-User profile page.

Limitations

Our platform provides Services to help users find help for everyday lifestyle needs. The content provided by Customers and Providers is primarily user-generated. We neither control nor verify user-generated content for accuracy and expressly disclaim any responsibility or liability for the accuracy or reliability of any information provided by Provider-Users or Recipient-Users.

Ohh Look does not endorse nor recommend Customers or Providers, nor do we make any guarantees regarding the reliability, or accuracy of services offered by Providers, or the integrity, conduct, or actions of Customers or Providers in any public or private dealings. Any evaluation or review of a Customer, Provider, or their information performed by Ohh Look is restricted in scope and should not be considered exhaustive, fully accurate, up-to-date, or conclusive in determining the individual's or entity's qualifications as a service provider.

We are not an employment agency and do not recruit or provide employees for Customers, nor do we arrange or secure employment opportunities for Service Providers. Ohh Look is not an employer and does not oversee the business duties of a provider (i.e. hours, days, pay received, etc.) nor require Providers to accept jobs. Ohh Look does not provide professional licenses that are required for certain provider services.

We may allow users to verify information like email addresses, phone numbers, or state licenses for certain providers. If we mark information as verified, it means the user completed our verification process. However, we do not guarantee the accuracy of the information or confirm it belongs to the user who provided it.

Responsibilities

All Users are solely responsible for interviewing, vetting, verifying information provided, when selecting an appropriate Provider for themselves or their family. All content provided by Customer and Provider is user-generated, we do not review, control, or verify the accuracy of such Content. Ohh Look does not assume any responsibility for the accuracy or reliability of any Content provided by Providers or Customers, whether on or off the Site or Services, including but not limited to any misstatements, misrepresentations, or defamatory or disparaging statements. Users acknowledge, understand, and agree to hold Ohh Look harmless from any claims, damages, or liabilities arising from any false, misleading, defamatory, or disparaging statements made by or on behalf of them on the Site, through the Services, or in any other setting.

Any reference on the Platform or in marketing materials to a user being “licensed,” “credentialed,” “verified,” or “background checked” simply means the Provider-User has completed a specific account process or met certain review criteria. It does not imply anything beyond that. Ohh Look does not conduct comprehensive verification or background checks on every Provider-User who may offer services to a Customer-User. These descriptions are not endorsements, certifications, or guarantees by Ohh Look and do not confirm a Provider-User's identity, licensing, insurance, trustworthiness, or safety. The verified badge is intended solely to help Customer-Users make informed decisions. It is recommended and advised to perform your own due diligence before engaging with any Provider-User or Customer-User and to not rely solely on the verified status on the platform. Ohh Look is not responsible for any harm or damages resulting from interactions between users.

Content shared on the Site or Services by third parties is solely the responsibility of its authors. Ohh Look does not guarantee the accuracy, completeness, or usefulness of such content, nor does it endorse or accept responsibility for any opinions, advice, or statements from users. Ohh Look is not liable for any loss or damage resulting from reliance on third-party content or reviews posted on the Site or Services.

You agree that Ohh Look has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may request the author to remove a review if you feel it was inaccurate.

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to Ohh Look or to other Recipient-Users or Provider-Users, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):

As a user, you agree that all content provided is accurate, directly related to your service or your customer profile. All users must register their account with a legal name, and provide current contact information. In addition, the user acknowledges that Ohh Look, based on its discretion, can modify, edit, and remove Content, at any time, that violates these Terms of Use.

By sharing content with Ohh Look, you grant us and our affiliates a perpetual, worldwide, non-exclusive, transferable, and fully paid license to use, modify, distribute, and create derivative works from it. You confirm that your content does not infringe on third-party rights and complies with all laws. Any feedback or suggestions you provide will be our exclusive property, and we may use them without notice, consent, or compensation.

5) Independent Contractor Relationship

Relationship

You understand as a Provider-User and acknowledge that your relationship with our Company shall at all times be that of an independent service provider and independent contractor. These Terms shall not be construed to create any partnership, joint venture, employment, agency or any other relationship, between Company and you for any purpose. Except as expressly stated herein, you shall have authority (and shall not hold yourself out as having authority) to bind our Company, and shall not make any agreements or representations on our behalf without our prior written consent. You will not be eligible to participate in any vacation, medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits that we may offer to our employees. We will not be responsible for withholding or paying any income, payroll, or other federal, state or local taxes, making any insurance contributions, or obtaining worker's compensation insurance on your behalf. Any persons employed or engaged by you in connection with the use of our Services, shall be your employees or contractors and you shall be fully responsible for them and for any claims made by or on behalf of them.

Disclaimers

You expressly acknowledge the following: (a) We make no representations or warranties in regard to the success of the Services, and cannot and do not guarantee any specific number of projects or revenues, if any, or any other specific results; (b) We have no control over Customers behavior, or whether they purchase or use any Home Services; (c) We are not responsible or liable in any way for any of your business operations, Customers, products, services, or for any canceled or returned purchases; (d) We provide our Services to all eligible users, some of which may be competitive to you.

6) Express Disclaimer

General Purposes

The information we present on or through the Services is for general informational purposes only, and any referenced resources may change from time to time. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other users, or anyone who may be informed of any of its contents.

No Direct Services

OUR COMPANY DOES NOT PROVIDE ANY DIRECT HOME SERVICES OF ANY KIND. We are simply an online technology provider. Our online Services are solely to provide a platform by which Customers or Recipient-Users may find information, and connect with Provider-Users, regarding the providing of in-home or mobile services and to purchase those services directly from the Provider-Users. Any in-home products or mobile services offered or available through the Services are NOT provided by Ohh Look. Such products or services are only provided by the Provider-User offering such products or services.

No Endorsements

We are not affiliated with and do not endorse any Provider-Users that use our Services. Though we offer a basic background check for Premium Providers as to each Provider-User's qualifications, we do not warrant the accuracy, completeness or usefulness of any information or services provided by any Provider-User. Any services conducted between a Provider-User and Recipient-User are solely conducted between that Provider-User and Recipient-User, and we have no involvement with such services in any way. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user.

No Liability for Third-Party Content

The Services may include content provided by third parties, including User Contributions, or materials provided by Provider-Users, other users, bloggers, licensors or advertisers. We are not responsible or liable to you, or any third party, for the content or accuracy of any content or materials provided by any third parties or for any products or services provided by any third party. All statements and opinions expressed in such content are solely the opinions and responsibility of the person providing it. Such content does not necessarily reflect the opinions of the Company.

Provider Policies

The terms of any payment, scheduling, cancellations or refunds for any Provider-User services, shall be governed by the terms of each Provider-User. If you have questions or require assistance with respect to any services provided by a Provider-User (including but not limited to payments, scheduling, cancellations or refunds) you must contact that Provider-User directly through their Provider-User account page.

7) Changes to Our Policies & Services

Changes to Policies

We may revise and update these Terms from time to time in our sole discretion. We shall provide notification to users when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms pages from time to time so you are aware of any changes, as they are binding on you.

We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

Changes to Services

We reserve the right to withdraw or amend the Services, and any services, products or materials we provide or offer through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, or any features, functionality or platforms, at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.

8) Access to Services & Account Security

Availability

Services may be interrupted from time to time, for maintenance, repairs, upgrades, or network or equipment failures.

Access & Data Plan

You are responsible for obtaining all necessary devices, and data connections for using the Services, for making all arrangements necessary for you to have an Internet connection, and access to the Services, and for all fees, taxes, or carrier data plans, associated with your use of the Services. We do not provide any such services or devices.

Registration & Contact Information

Customers agree to only create and maintain one (1) Recipient-User account for their use of the Services. Provider-Users agree to only create and maintain one (1) Provider-User account for their use of the Services. It is a condition of your use of the Services that all registration information you provide is correct, current and complete. For purposes of registration and using the Services, you must provide an accurate and up-to-date name and email address. Provider-Users will also be required to provide an accurate and up-to-date name, email address, age, home and business address, business name, phone number, and financial information for sending or receiving payments. Provider-Users further agree to provide us with any other documents we may request from time-to-time to verify your identity, conduct a general background check regarding your qualifications, or as necessary to complete a purchase or sale.

Account Security

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You are responsible for any activity that occurs under your screen name. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Third-Party Access

If any other person accesses the Services through your Internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them.

9) Authorized & Prohibited Uses

Authorized & Non-Commercial Uses

You agree to use the Services only for the purpose of offering, purchasing or seeking information regarding, in-home services. You may use the Services only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. These Terms permit you to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.

Unauthorized & Prohibited Uses

You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).
• In any way that violates, misappropriates, or infringes the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “bulk messaging,” “auto-messaging,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company, or users of the Services, or expose them to liability.
• In any manner that is fraudulent or illegal, or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Harm to Software

Additionally, you agree not to:

• Use any device, software or routine, or otherwise use the Services in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Services, or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
• Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Services for any purpose, including but not limited to posted items, user profiles, names, addresses or photos.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Collect the information of or about our users in any impermissible, unauthorized or prohibited manner.
• Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material that is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Services in any way.

10) Intellectual Property Rights & Ownership

Intellectual Property Ownership

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, documents, images, illustrations, photographs, profile details, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property”). You may not use any such Intellectual Property without the express authorization of the Company (or other owner if applicable), and in accordance with these Terms.

In addition, by providing photographs or other media content to Ohh Look, you grant Ohh Look a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, display, and otherwise utilize the content in connection with our business, including but not limited to our website, social media, marketing materials, and advertising campaigns. This license remains in effect even if you discontinue your relationship with Ohh Look, and you understand that you do not have the right to request the removal of such content once provided.

Trademarks

The Company name, and all related names, logos, product and service names, designs and slogans (“trademarks”) are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other trademarks appearing on the Services are the trademarks of their respective owners.

License

We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services in accordance with these Terms. This license is for the sole purpose of allowing you to access or use the Services as authorized, and no other rights or licenses are granted by implication or otherwise.

Prohibited Uses

You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display or perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other material on the Services. You must not delete or alter any copyright, trademark or other proprietary rights notices on the Services.

Downloads

For desktop, mobile or other applications offered for download, you may download one (1) single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications, if provided.

Infringement

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright trademark and other laws.

11) User Contributions & Content Standards

Contributions

The Services may contain personalized web pages or profiles, message boards or threads, forums, ratings, reviews, or other interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or persons (“post”) content, materials, services, products and other information (collectively “User Contributions”).

Responsibility

You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute (including but not limited to any data, text, code, files, information, screen names, graphics, photos, profiles, audio, video, and links that you submit, post or display on or through the Services), and that you, not the Company, shall have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

License

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution you grant the Company and its licensees, successors and assigns a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable and transferable, license to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material. You represent and warrant that all of your User Contributions do and will comply with these Terms, and that you own all rights to the User Contributions and have the right to grant the license above.

Compliance

We do not claim ownership for any User Contributions. However, all User Contributions must comply with the User Content Standards set out below.

User Content Standards

These user content standards apply to all User Contributions and use of Interactive Services. User Contributions in their entirety must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, untruthful, purposely misleading, violent, hateful, inflammatory or otherwise objectionable.
• Post or promote sexually explicit, suggestive or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy, which are incorporated herein by reference.
• Impersonate any person, misrepresent your identity or affiliation with any person or entity, give the false impression they emanate from or are endorsed by us or any other person or entity, or otherwise be likely to deceive any person in any way.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Posting Personal Information

While it is not expressly prohibited, we highly recommend you do not publicly post or display any personal information by which you, or anyone else, may be personally identified. Our Privacy Policy does not extend to information that you publicly post or display on or through the Services.

12) Notice & Takedown Procedure For Copyright Complaints

DMCA

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following instructions are intended to expedite the process of submitting notices of alleged infringement, while reducing the number of fraudulent or ambiguous notices we receive.

Notice & Takedown

It is expected that all Users of the Services will comply with applicable copyright laws. However, if we receive proper takedown notification of alleged copyright infringement, our response will be to remove or disable access to all such material. It is our policy to terminate the user accounts of repeat infringers. If we remove or disable any such access in response to a notice, we will make a good-faith effort to contact the account owner so they may make a counter notification.

Reporting Infringement

If you believe that any User Contributions violate your copyright, trademark or other intellectual property, please follow the instructions below for sending us a notice of infringement. Please note, you may be liable for damages (including costs and attorneys' fees) for materially misrepresenting that material is infringing your intellectual property. If you are unsure whether online material constitutes infringement, we suggest you first contact an attorney.

Infringement Notification

If you believe any User Contribution constitutes infringement of your copyrighted work, or other violation of your intellectual property rights, please provide the following information in a written communication:

• Identification of the copyright work or works claimed to be infringed.
• Identification of the material claimed to be infringing, and that should be removed, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, phone number and email address.
• The following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or person authorized to act on the owner's behalf.

Designated Agent

All notices of copyright infringement claims should be sent by email to our designated agent at support@ohhlook.com, and should include the email subject line of “NOTICE OF COPYRIGHT INFRINGEMENT.”

13) Enforcement & Termination

Enforcement

We have the right to:

• Refuse service to anyone for any reason at any time.
• Remove or refuse to post any User or Provider Contributions for any or no reason at our sole discretion.
• Take any action with respect to any User or Provider Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User or Provider Contribution violates these Terms, including the User Content Standards, infringes any Intellectual Property right or other right of any person or entity, is unlawful, untruthful, misleading, threatening, defamatory, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
• Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
• Terminate, suspend or modify your access to or use of all or part of the Services at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.

No Liability for Contributions

We do not have an obligation to monitor or review any User Contribution that is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contribution, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the foregoing activities.

Law Enforcement

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, AS A RESULT OF, OR CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR OTHER LAW ENFORCEMENT AUTHORITIES.

Content Storage

Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. We encourage you to maintain your own backup of your User Contributions. We will not be liable for any modification, suspension, discontinuation, or loss of any user information or content.

14) Integration with Third Party Services & Policies

Third-Party Policies

We may integrate or connect other third-party services, products or content, to work in connection with our Services (such as data transfer, social sharing, cloud storage or payment processors). Please be advised that when you access or use third-party services, those services are governed by the third party's terms of use and policies.

Third-Party Links

If the Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in Provider-User biographies, and in banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15) Linking to the Services & Social Media Features

Linking

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content Standards set out in these Terms.

Social Media

The Services may provide certain social media features that enable you to link to content on the Services, send communications with content or links through the Services, or display limited portions of content on other sites. You may use these features solely as provided, with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.

Removal

You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, and may disable all or any social media features and any links at any time without notice at our discretion.

16) Additional Terms for Mobile Apps

The additional terms in this section specifically apply to copies of our App accessed through or downloaded from the Apple App Store or Google Play Store (collectively “App Providers”). You acknowledge and agree that:

• These Terms are between you and us, not the App Provider. We are only responsible for the App, not the App Provider.
• You must comply with any applicable terms of use provided by the App Provider, when using the App.
• The App Provider has no obligation to furnish any maintenance and support services regarding the App.

If you have acquired the App through the Apple App Store, you further agree that:

• If the App fails to perform or conform to any applicable warranty, you may notify the App Provider, and they may refund the purchase price of the App to you (if applicable). To the maximum extent permitted by law, the App Provider will have no other obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to the non-conformance of the App will be our responsibility.
• The App Provider is not responsible for addressing any claims you may have relating to the App, or your possession or use of the App, including but not limited to: (1) product liability claims; (2) claims that the App fails to conform to legal or regulatory requirements; or (3) claims arising under consumer protection or similar legislation.
• For any third-party claims that the App, or your possession or use of the App, infringes any third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of such claims to the extent required by these Terms.

If you have acquired the App through the Google Play Store, you further agree that:

• You may request a refund (if applicable) from the App Provider within 48 hours. The App Provider will refund the purchase price for the App (if applicable) to you.
• When you acquire the App through the App Provider, you are allowed unlimited reinstallations of the application. However, should the App be removed from the App Provider's store, users shall no longer have a right or ability to reinstall affected products.

17) Disclaimer of Warranties

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

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.

WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL, HOW USERS USE OUR SERVICES, OR THE ACTIONS, INFORMATION OR USER CONTRIBUTIONS OF USERS OR OTHER THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING ATTORNEYS' FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH USERS OR THIRD PARTIES. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE LAW OF ANY OTHER JURISDICTION.

18) Limitation of Liability

THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR APPLICABLE SERVICES OR PURCHASES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19) Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Ohh Look and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by Ohh Look and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Provider-User or Recipient-User using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Ohh Look and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Ohh Look. Users further agree to hold harmless Ohh Look and its affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

20) Governing Law & Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts, state courts or arbitration forums, in the State of California, County of San Diego. However, we reserve the right to bring any suit, action or proceeding against you for breach of these Terms in your country and county of residence or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21) Geographic Restrictions

Services Based in the U.S.

The owner of the Services is based in the state of California in the United States. We make no claims that the Services or any of its content are accessible or appropriate outside of the United States. Our services are not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit our Services in any country.

22) Dispute Resolution

Arbitration

For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users to submit any disputes to final and binding arbitration in the State of California, County of San Diego, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.

No Class Actions

You agree that you may only bring disputes against the Company on your own behalf, and not on behalf of any other person or entity, or any class of people. You agree not to participate in any class action, class arbitration, or consolidated disputes. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other Customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Limitation On Time To File Claims

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

23) General Terms

Amendments & Waivers

Any amendment or waiver to our Terms of Use requires our express consent.

Waiver

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Transferability

The Company may freely transfer and assign any of its rights, and delegate its obligations, under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer and assign your information to any of our affiliates, successor entities, or new owner.

User Assignment

You may not transfer any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall may limited to the minimum extent necessary to remedy such invalidity, illegality or unenforceability, and the remaining provisions of the Terms will continue in full force and effect.

Language

Our Terms are written in English. Any translated version, if any, is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.

Entire Agreement

The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any future Terms are agreed to, such future Terms shall govern.

24) Notices

We may provide notice under these Terms by either: (a) sending a message to the email address you provide during registration or checkout; or (b) by posting to the Website. Such notices will be effective when the email is sent, or when posted. It is your responsibility to check the Website from time to time, and keep your email address current, so you can stay updated on changes.

To give us notice under these Terms, you must send written notice by personal delivery, overnight courier, or registered or certified mail, to: 2888 Loker Avenue E, Suite 110, Carlsbad, CA 92010. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

25) Your Questions & Comments

We always welcome any feedback you may have about Ohh Look, LLC or our services. All feedback, comments, requests for technical support and other communications relating to the Terms or Services should be directed to: support@ohhlook.com.

These Services are operated by Ohh Look, LLC, a California limited liability company.