OJO Terms of Service
EFFECTIVE AS OF MAY 3, 2019
OJO is on a mission to empower people to make better decisions through the fusion of machine and human intelligence. Our unique, patented AI technology products can conduct text conversations with consumers at scale. By combining natural language understanding with data and personalization, our products allow for consumers to deeply engage in a purchase process prior to interacting with a salesperson.
In these OJO terms of service, “we”, “us”, “our”, “OJO” or “OJO Labs” refers to OJO Labs Inc., 1007 S Congress, Building 9, Suite 400, Austin, Texas 78704, and the terms “you”, “your” and “user” will refer to you. When referring to the “OJO services,” we mean to include, both our phone-based and text-based services (the “OJO mobile services”) and our website and web app based services (the “OJO web app”) and also various websites, applications, web applications, text messages, email notifications and other mediums, or portions of such mediums, provided by OJO.
You agree to our Terms by using the OJO services. By using the OJO services, you accept and agree to these Terms. If you are using the OJO services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to OJO that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “user” will refer to that organization). The exception to this is if that organization has a separate written agreement with OJO covering the use of the OJO services, in which case, if there are any provisions in these Terms that conflicts with that agreement, that agreement will govern such use.
Whether using the OJO services as an individual or on behalf of an organization, you acknowledge that our agreements contained in these Terms are supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use, submit information to, or receive information from the OJO services, the receipt and adequacy of which is hereby acknowledged by you individually and on behalf of any organization you represent. You also represent that you have the capacity to be bound by our agreements contained in these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
By using the OJO services, you agree to receive phone calls and text messages from us and our partners. By using the OJO services, you expressly authorize OJO, its affiliated companies and its partners (described below) and each such entity’s employees, contractors and software (collectively, “Service Provider”) to communicate with you by phone and text at the wireless phone number provided or any other number that you may provide in the future. You understand that message and data rates may apply based upon the terms of your wireless service provider contract. You also agree that methods of contact may include use of auto-generated text messages or an automated telephone dialing system, even if you’ve registered that number on a Do-Not-Call registry, and that my consent to text messages and phone calls is not a condition to using any Service Provider’s services. If you do not consent to receive these texts or calls, do not use the OJO service or provide your information to us.
You agree to indemnify Service Provider in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Service Provider if you change your wireless phone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act (TCPA). You agree to notify Service Provider promptly if you change your wireless telephone number. You may revoke your consent to receive (i) phone calls by requesting to be placed on an internal Do Not Call list and (ii) text messages by responding to a text message with STOP. You understand this authorization cannot be revoked to the extent that action has already been taken in reliance on this authorization prior to the date Service Provider receives my request to revoke authorization.
Our partners include (i) real estate brokers, including Realogy Holdings Corporation, Realogy Group LLC and their subsidiaries, affiliates and franchisees (including Realogy Services Group LLC, NRT LLC and franchisees operating under the Century 21, Coldwell Banker, Coldwell Banker Commercial, ERA, Sotheby’s International Realty, and Better Homes and Gardens Real Estate brands); (ii) mortgage lead aggregators, including Bankrate, LLC and its parent, subsidiary and affiliated companies (including BR Tech Services, LLC); and (iii) in Canada, Royal Bank of Canada and its affiliated companies and real estate brokers, including Royal LePage Real Estate Services, a division of Brookfield Real Estate Services Manager Limited, or to the following independently owned and operated franchise locations: Royal LePage Burloak Real Estate Services, Royal LePage Estate Realty, Royal LePage Meadowtowne Realty, Royal LePage Wolle Realty, Royal LePage Your Community Realty.
In the event of a dispute between us, we agree to binding arbitration. These Terms contain a binding arbitration agreement, which provides that you and OJO agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section below.
PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED BY YOUR USE OF THE OJO SERVICES, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND OJO. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT TEXT OR EMAIL WITH THE OJO SERVICES AND YOU SHOULD NOT USE THE OJO SERVICES.
We may change our terms.
If we do, we will notify you here or via text or email.
If you keep using our services after the terms change, then you have accepted those changes.
We may revise these OJO terms of service from time to time. If we do, our revised terms will supersede prior versions. Unless we provide otherwise, revisions will be effective on and after the date at the top of the revised terms. If we make any material changes to our terms of service, we will provide notice to you either here, via the OJO app or via text or phone. For non-material changes, we will update the effective date of our terms of service at the top of this page. We encourage you to check the effective date of these terms of service whenever you visit our website, or use the OJO mobile services OJO app. Your continued access or use of the OJO services constitutes your acceptance of any and all changes, whether material or non-material. If you do not agree to the changes, you should stop using the OJO services
Your use of the OJO services.
If you want to use the OJO services, you need to give us some information about yourself. The information you provide to us must be true and kept up to date
In order to use the OJO services, you will be asked to provide your mobile phone number and provide consent for us to contact you via voice call and/or text message, including through the use of automated calling technology, even if you’ve registered that number on a Do-Not-Call registry. We may also ask you to provide other information such as your e-mail address or current physical address. You must provide true, accurate, current and complete information about yourself as requested during the user onboarding process. You must keep that information true, accurate, current and complete after your initial use of the OJO services.
Your use of the OJO services.
If you want to use the OJO services, you need to give us some information about yourself. The information you provide to us must be true and kept up to date
Your right to use our services is personal to you and cannot be transferred.
OJO makes no guarantees regarding availability of the OJO services.
You may use the OJO services solely in accordance with these terms of service.
OJO may discontinue providing the OJO services to any particular user, group of users or all users.
In order to use the OJO services, you will be asked to provide your mobile phone number and provide consent for us to contact you via voice call and/or text message, including through the use of automated calling technology, even if you’ve registered that number on a Do-Not-Call registry. We may also ask you to provide other information such as your e-mail address or current physical address. You must provide true, accurate, current and complete information about yourself as requested during the user onboarding process. You must keep that information true, accurate, current and complete after your initial use of the OJO services
You are solely responsible for all use (whether or not authorized) of the OJO services related to your mobile phone number, including the quality and integrity of your User Data. You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses your mobile phone number (“end users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of the OJO services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of the OJO services via your mobile phone number. You also agree not to allow any person under the age of 18 to use the OJO services via your mobile phone number.
We will strive to make the OJO services available to you, but we make no guarantees regarding the availability of the OJO services, generally or at any particular time.
OJO reserves the right to cease providing or discontinue the OJO services to any particular user, any group of users or all users, in its sole and complete discretion and without prior notice.
Offers from our service partners and affiliates.
Through the OJO service, you may choose to connect to third-party service providers.
OJO does not endorse any third-party service providers.
You should investigate any third-party service providers thoroughly and OJO is not responsible for any service provider.
OJO is not a lending institution or other service provider.
Unless you are a service provider, OJO does not charge for its services.
You release OJO from liability for your use of a service provider.
Through the OJO services, OJO and our partners and affiliates may provide a venue through which you can obtain information regarding residential real estate and you can, upon your request, be connected to third-party service providers, such as real estate brokers, mortgage information services, insurance brokers, and other companies providing services around the buying and selling of real estate (“service providers”). We do not endorse or recommend the products or services of any service provider and are not an agent or advisor to you or any service provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of service providers. It is your responsibility to investigate any service providers before you engage them. You acknowledge and agree that these service providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a service provider’s products or services. We urge you to obtain the advice of financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by service providers.
OJO is not a real estate agent or lending institution or other service provider. Instead, we, through the OJO services, may help to connect you with service providers that might meet your needs based on information provided by you. OJO does not, and will not, make any credit decision with any service provider referred to you. OJO does not issue mortgages or any other financial products.
Unless you are a service provider, we do not charge you a fee to use our OJO services. Service providers may pay us fees for services and to be matched with users of the OJO services, however. OJO is not involved with and is not responsible for any fee arrangement that you may enter into with any service provider.
By using the OJO services, you hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a service provider’s products or services, including any fees charged by a service provider.
Information you provide to OJO
If you transmit, submit or post information to the OJO services that is not federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). If you have obtained prior written permission from us to transmit, submit or post information to our Services that is federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the OJO content.
You shall not transmit, submit or post the following to the OJO services:
• Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without our written permission; or
• Federally trademarked and/or copyrighted information without our prior written permission.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own user data) and the consequences of transmitting, submitting or posting them.
OJO’s use of your data.
We might have to use or disclose your data for one or more of the reasons below:
- If necessary to provide you with the OJO services;
- To address technical issues, provide support or maintain our services;
- If we need to protect OJO labs, other users, or the public;
- If there is an emergency; or
- If the law requires.
“user data” consists of data and other information made available to us through the use of the OJO services under these terms of service, including, user usage data and user content.
“user usage data” shall mean communications metadata made available to us through the use of the OJO services and include, without limitation, data used to trace and identify the source and destination of a communication, such as individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the OJO services, and the date, time, duration, and type of communication.
“user content” shall mean content exchanged by means of use of the OJO services, such as text message bodies, voice and video media, images, sound, and other content.
“Law” means any statute, law, ordinance, regulation, rule, judgment or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any laws that requires you to obtain consent from a user or provide notice to a user in connection with such User’s use of any of the OJO services, any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA).
Restrictions and Requirements
Don’t transfer our services or resell them.
Don’t use our services to break the laws, regulations, rules, etc., to violate these terms, or to violate someone else’s rights;
Do make sure that OJO is allowed to use your data as needed to provide you our services; and
Don’t reverse engineer any software we provide
If you use the OJO services, you must comply with the following restrictions and requirements:
- you agree not to transfer, resell, lease, license or otherwise make available the OJO services to third parties or offer them on a standalone basis;
- you will ensure that the OJO services are used in accordance with all applicable Law and third party rights, as well as these Terms;
- you will ensure that we are entitled to use your User Data, as needed to provide the OJO services;
- you will not use the OJO services in any manner that violates any applicable Law; and
- except as allowed by applicable Law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the OJO services
While you are using the OJO services, we may share with you opportunities offered by our network of referral partners. We are typically compensated by our referral partners for referrals made to them.
Products or services that you may purchase from our Referral Partners are not OJO products or services, but, instead, are being offered by third parties.
When you accept a referral to one of our Referral Partners, you are telling OJO that it’s okay for us to give the Referral Partner information about you so that they can offer their products or services to you.
We may make available through the OJO services referrals to our third-party partners who may offer to provide additional products and services to you (each, a “Referral Partner"). We are typically compensated by our Referral Partners for such referrals. If you, at your sole discretion, choose to engage with a Referral Partner, then you will be required to accept the Referral Provider’s terms of service (“Referral Provider’s Terms”) as part of the referral process. The Referral Provider is solely responsible for their products or services offered, the content therein, and any claims that you or any other party may have relating to the Referral Partner’s products and services.
When you accept a referral to one of our Referral Partners, you acknowledge that you are purchasing any products or services offered by the Referral Partner directly from them and that OJO is not a party to any agreement between you and the Referral Partner with respect to those products and services; and OJO is not responsible for that Referral Partner’s products or services, the content therein, or any claims that you or any other party may have relating to that Referral Partner’s products and services.
By accepting a referral to one of our Referral Partners, you grant us permission to share your User Data with the Referral Partner so that they may offer their products or services to you.
Ownership and Confidentiality
What’s ours is ours, and what’s yours is yours.
Please let us know what you think about our services. If you send us feedback, we can use it and we don’t owe you anything for it.
We both agree not to tell anyone else about confidential information that we get from each other. Also, we both agree to only use each other’s confidential information as agreed to in these terms.
Money alone may not be enough to make either of us whole if one of us breaks our promise of confidentiality. So, we both can seek other remedies, if needed.
As between you and OJO, we exclusively own and reserve all right, title and interest in and to the OJO services and our Confidential Information. As between you and OJO, you exclusively own and reserve all right, title and interest in and to your Confidential Information.
We also welcome your feedback about the OJO services. But please know that by submitting suggestions or other feedback about the OJO services (“Suggestions”) you agree that:
- we are not under any obligation of confidentiality with respect to your Suggestions
- we may use or disclose (or choose not to use or disclose) your Suggestions for any purpose and in any way;
- you irrevocably, non-exclusively license to us rights to exploit your Suggestions; and
- you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Suggestions.
"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party's rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.
The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms and it will not disclose such Confidential Information to any third party without the disclosing party's prior written consent, except as otherwise permitted hereunder; provided, however, OJO may use and disclose your Confidential Information as necessary to provide the OJO services, including making referrals to our Referral Partners. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors, and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this provision. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable Law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this provision and that, in the event of an actual or threatened breach of the provisions of this provision, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this provision.
We are offering the OJO services “as is” and make no representations and warranties regarding the OJO services.
WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. THE OJO SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
OJO will not pay for any bills, damages, costs, etc. for any claim by you that arises from your use of our services.
You agree to indemnify OJO against all claims relating to your use of the OJO services
OJO will have no liability or obligation with respect to any claims, demands, actions, suits, discovery demands, including, without limitation, third party subpoenas, government investigations or enforcement actions (“Claim”) and any damages, liabilities, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto arising out of your use of the OJO services.
You will defend, indemnify and hold OJO, its officers, directors, employees, agents, stockholders, and affiliates (“OJO Indemnified Parties”) harmless from and against all Claims brought or threatened by a third party against an OJO Indemnified Party and any Losses related thereto alleging or arising out of your breach of or activities under these Terms or your use of the OJO services.
As a condition of your foregoing indemnification obligations: (a) OJO will promptly notify you of any Claim, provided, however, that the failure to give such notice shall not relieve you of your obligations hereunder except to the extent that you are actually and materially prejudiced by such failure; (b) you will have the sole and exclusive authority to defend or settle any such Claim (provided that, you will obtain OJO’s consent in connection with any act or forbearance required by OJO, which consent will not be unreasonably withheld); and (c) OJO will reasonably cooperate with you in connection with your activities hereunder, at your sole expense. You reserve the right, at your own expense, to participate in the defense of a Claim. You, in connection with a Claim, will pay all Losses following notice of the Claim. Notwithstanding anything herein to the contrary, you will not settle any Claims for which you have an obligation to indemnify admitting liability or fault on behalf of OJO, nor create any obligation on behalf of OJO without OJO’s prior written consent.
Limitation of Liability
INDIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF THE RESTRICTIONS AND REQUIREMENTS SECTION ABOVE; (B) EITHER PARTY’S LIABILITY ARISING FROM SUCH PARTY’S BREACH OF THE CONFIDENTIALITY SECTION ABOVE; OR (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.
DIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 5 (RESTRICTIONS AND REQUIREMENTS) OR SECTION 10 (FEES, PAYMENT TERMS, AND TAXES); OR (B) EITHER PARTY’S LIABILITY ARISING FROM SUCH PARTY’S BREACH OF SECTION 11.4 (CONFIDENTIALITY); OR (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS. THE PROVISIONS OF THIS SECTION 14 ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
These terms become effective on the first day that you either click “I Accept” or start using the OJO services.
These Terms, as may be updated from time to time, will commence on the date they are accepted by you either by clicking “I Accept” or your first use of the OJO services and continue until terminated as described below (“Term”).
We may suspend the OJO services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) these Terms; (b) there is reason to believe the traffic created from your use of the OJO services or your use of the OJO services is fraudulent or negatively impacting the operating capability of the OJO services; (c) we determine, in our sole discretion, that providing the OJO services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the OJO services. If we suspend the OJO services, we will make a reasonable attempt to notify you prior to the suspension to the extent we can.
Compliance with Laws: Both you and OJO will comply with the applicable Law relating to each of our respective activities pursuant to these Terms.
No Waiver: Our failure to enforce at any time any provision of these Terms does not waive our right to do so later. And, if we do expressly waive any provision of these Terms, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by you and us to be legally binding.
Assignment: You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void. Subject to this Assignment section, these Terms will be binding on both you and OJO and each of our successors and assigns.
Unenforceability: Except as described in the Agreement to Arbitrate section, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event, the rest of these Terms will continue in full force and effect.
Notices: Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to OJO shall be copied to firstname.lastname@example.org, Attn: General Counsel.
Entire Agreement: Except as provided in these Terms and any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements, marketing materials or presentations and agreements, oral and written. No oral or written information or advice given by OJO, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms. Any purchase order document or similar document provided by you shall be construed solely as evidence of your internal business processes, and the terms and conditions contained thereon shall be void and have no effect with regard to these Terms between you and OJO and be non-binding against OJO even if signed by OJO after the date you accept these Terms.
Force Majeure: No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
Governing Law and Venue: The enforceability and interpretation of the Agreement to Arbitrate section below will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from the arbitration provision, these Terms will be governed by and interpreted according to the laws of the State of Texas without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except as provided in the Arbitration section below, any legal suit, action or proceeding arising out of or related to these Terms or the OJO services shall be instituted in either the state or federal courts of Austin, Texas, and we each consent to the personal jurisdiction of these courts.
Agreement to Arbitrate
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
We Both Agree to Arbitrate: If a dispute cannot be resolved through our Customer Support team, you or any of your affiliates on one hand and OJO and any of OJO’s affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the OJO services by binding arbitration in Austin, Texas, or in another location that we have both agreed to.
This applies to all claims under any legal theory, unless the claim fits in one of the exceptions below in Exceptions to Agreement to Arbitrate. It also applies even after you have stopped using the OJO services. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Pursuant to this Agreement to Arbitrate section, you understand that you and your affiliates and OJO and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the OJO services.
Exceptions to Agreement to Arbitrate: You and your affiliates on one hand, and OJO and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to your, your affiliates’, OJO’s or OJO’s affiliates’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).
In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Details of Arbitration Procedure: Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between us by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website [http://www.adr.org] or you can call them at 1-800-778-7879. The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this Agreement to Arbitrate section conflicts with the Rules, the language of this Agreement to Arbitrate section applies. Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Agreement to Arbitrate section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Texas and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
Class Action Waiver
Both you and your affiliates, on one hand, and OJO and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor OJO and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other OJO customers, and cannot be used to decide other disputes with other customers. If a court decides that this Class Action Waiver provision is not enforceable or valid, then the entire Agreement to Arbitrate section will be null and void, but the rest of the Terms will still apply.
Please contact our DMCA Agent for any copyright-related issues.
If you wish to reach our designated agent regarding copyright issues, please reach out to us at:
OJO labs Inc.
Attn: OJO Designated DMCA Agent
1007 S Congress
Building 9, Suite 400
Austin, Texas 78704
Last Updated: May 1, 2018
Before you use or submit any information through or in connection with the Services, please carefully review this Policy. By using any part of the Services, regardless of how you access the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES. We will continue to evaluate this Policy as we update and expand the Services and our offerings, and we may make changes to the Policy accordingly. Any changes will be posted here and you should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law. Your continued use of the Services will signify acceptance of the terms of the updated Policy.
1. Information We Collect
We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device.
a. Information You Provide Directly To Us
We may collect information from you in a variety of ways, such as when you:
• Respond to our communications or communicate with us;
• Register for an account;
• Use certain features that require your information to function;
• Fill out a survey;
• Provide us with Feedback;
• Request certain features (e.g., newsletters, updates, and other products); or
• Post User Content, including comments, to or on any of our Services.
The information you provide directly to us may include, but is not limited to: (i) name; (ii) email address; (iii) physical addresses (e.g. your place of work); (iv) phone number; (v) birthdate; (vi) details about properties you are interested in and your preferences related to home searches (vii) photographs and audio/video content; and (viii) financial information.
b. Information that is Passively or Automatically Collected
i. Device/Usage Information
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as (a) IP addresses, geolocation information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
ii. Cookies and Other Electronic Technologies
We may also collect data about your use of the Services through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering content and advertisements specific to your inferred interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. We also may include Web beacons in email messages, newsletters and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe's website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
iii. Location Information
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information and features. We may use such information to improve the Services, including providing you with location- based features (e.g. to identify listings that may interest you). To deliver customized content and advertising, we may share your location information with our agents, vendors, or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Services.
iv. Information from Third Parties
We may collect information about you or others through our affiliates or through non- affiliated third parties. Third parties have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites' privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.
We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Services with information that we obtain from such third parties and information derived from any other products or services we provide.
c. Collection of information across personal devices
Sometimes we (or our service providers) may use the information we collect - for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers - to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content, features, and advertising, and provide you with a seamless experience across the devices you use to access the Services.
2. How We Use Your Information
We may use the information we collect from and about you for the following purposes:
• For the purposes for which you provided it;
• To recognize and authenticate you on the Services;
• To initiate or to provide the features, services and products available through the
• To process transactions and send related information such as confirmations and
• To send you information about your relationship or transactions with us, technical
notices, updates, account or security alerts, or other communications, such as
newsletters to which you have subscribed;
• To contact you with information, surveys, or services that we believe may be of
interest to you both regarding our products and Services and those of third parties;
• To process and respond to your inquiries;
• For internal research and reporting;
• To monitor and analyze trends, usage and activities in connection with our
Services and for statistical purposes;
• To measure, improve, and understand the effectiveness of content, features, and
Services, or develop new Services;
• To personalize the content and advertising that you see on the Services or on
• To facilitate the sending of SMS messages that provide information to you in
response to your inquiries and on behalf of an agent you are communicating
• With your consent, to call or send you SMS messages regarding our Services as
well as your relationship with us or offers or services that may interest you;
• To detect, investigate, and prevent fraud and other illegal activities;
• To enforce the legal terms that govern your use of the Services; and
• T o administer and troubleshoot the Services.
Please note that we may combine information that we collect from you and about you (including automatically-collected information) from one part of our Services with information that we collect from you and about you from other parts of our Services. We may also combine this information with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Policy.
We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research, analytics, and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, other users, and/or others.
We may send you commercial emails on behalf of ourselves, our affiliates, and advertisers.
3. When We Disclose Your Information
We may disclose and/or share your information to or with any non-affiliated third parties under the following circumstances:
• Consent. We may disclose your information to any third parties based on your consent to do so when necessary to provide the Services you requested. For example, if you are working with a real estate brokerage, we will disclose your information and preferences with that brokerage and its agents. Similarly, if you are seeking to obtain a mortgage, we may share your information with a mortgage company.
• Service Providers and Sub-Contractors. We may provide access to or share your
information with select third parties and sub-contractors who perform services on our behalf, including without limitation, marketing, market research, customer support, data storage, analysis and processing, and legal services.
• Partners with whom we conduct business. When OJO Labs partners with other businesses to offer products and services, we may share your information with those business partners.
• Public Record Information: Home sales and purchases are a matter of public record. Buyers’ name and address, the price paid, property taxes, and other information is automatically available from public sites. We may disclose to others some information that typically becomes part of the public record of a home sale or purchase.
• Protection of OJO Labs and Others. You acknowledge, consent, and agree that OJO Labs may access, preserve, and disclose your information and/or any content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by this Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce this Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of OJO Labs, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
• Business Transfers. As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If a portion or all of OJO Labs’ assets are sold or transferred to a third-party, your information may be included among those transferred business assets.
4. Online Analytics and Advertising
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. We may also use Adobe Analytics to analyze and optimize the performance of our websites, advertising, and content.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
b. Online Advertising
We may use third-party advertising technologies that allow for the delivery of relevant content and advertising on our Services, as well as on other websites you visit. We also work with website analytics and advertising partners, including Google, Doubleclick Campaign Manager, and Facebook, to deliver OJO ads on third party publisher websites, and these partners may set cookies on your device's web browser. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
We may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on the Services, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We may provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to target or “retarget” you with ads when you visit other websites and mobile applications. (You may opt out of many of these service providers as described in the next paragraph.)
Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
5. Notice Concerning Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
6. Accessing and Controlling Your Data
7. Consent to Transfer
Our computer systems are currently based in the United States and your personal data will be processed by us in the United States and in other countries. The data protection and privacy regulations in each of these jurisdictions may not offer the same level of protection as in other parts of the world. By using the Services, you agree to this Policy and you consent to the transfer of all such information to the jurisdictions identified above, which may not offer a level of protection equivalent to that required in the jurisdiction in which you reside, and to the processing of that information as described in this Policy.
8. Children’s Privacy
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
You are responsible for maintaining the security of your applicable account. To the extent that you engage with the Services via SMS messages, you must protect access to your devices in order to prevent unauthorized access to the Services. If you believe that your account has been accessed without authorization, you must contact us immediately at email@example.com immediately. We are not responsible if someone else accesses your account(s) through information or devices that they have obtained from you.
10. Third-Party Links and Services
The Services may contain links to or “frame” third-party websites, applications and other services (e.g., websites related to listings). Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information.
11. Your California Privacy Rights
California Law permits visitors who are California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org with “Privacy Support” in the subject line or write to us at OJO Labs, Inc., 1007 S Congress, Building 9, Suite 400, Austin, Texas 78704, Attention Privacy Support.
13. Questions About this Policy
If you have any questions about our Policy, you can contact us by emailing us at email@example.com. You can also write to us at: OJO Labs, Inc., 1007 S Congress, Building 9, Suite 400, Austin, Texas 78704, Attention: General Counsel.
Scope of this Privacy Statement
This Privacy Statement applies to your use of this Site only.
The Site contains links to third-party web sites. When you click on those links, you will go to a third-party site where you will be subject to that site’s privacy statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties.
1. What is Personal Information?
Personal Information is information collected online by us that identifies the person to whom such information pertains, including without limitation: name, address, telephone number, and e- mail address.
2. Collection and Use of Your Information
2(a) Personal Information
We collect your Personal Information on the Site only when submitted by you in order to enhance the services we offer you.
Do Not Track Signals
Do Not Track mechanisms or signals (“DNT signals”) enable a consumer to request the disabling of the tracking of their online activities over time and across third-party websites or online services. As permitted by law, we do not permit the disabling of DNT signals.
2(b) Non-Personal Information
Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below.
What is Non-Personal Information?
Like many sites, we obtain Non-Personal Information, such as: IP (internet protocol) addresses, browser types, the name of a user’s ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us.
Use of Non-Personal Information
We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
2(c) Use of Information With Respect to Third Parties
We reserve the right to share your Personal Information with our affiliated companies and marketing and technology partners, as permitted by law, in order to fulfill our commitment of providing you with full service real estate brokerage services.
In addition, we do share your Personal Information under the following circumstances:
A. Thirdpartyvendorsweengagetoprovideservicesonourbehalf,suchashosting,web- site development, support, and consumer contact and lead development that may include phone calls and SMS messages, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.
3. Location of Servers and Transfer of Information to the United States
The Site is hosted by servers in the United States, and, as such, the Site is governed by United States law. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Statement and United States law.
Our hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers against unauthorized access, accidental or intentional manipulation, and loss. However, no data transmission over the Internet can be guaranteed to be 100% secure, and you use the Site at your own risk.
5. California Residents
Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (2) the names and addresses of all such third parties.
To request the above information please contact us.
We will respond to such requests within 30 days of receipt. Please note that we are only required to respond to each customer once per calendar year.
This Site is not directed to children under the age of 13 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children.
7. Correction/Updating Personal Information
If your Personal Information changes or if you no longer wish to use the Site, you may correct or update your Personal Information or unsubscribe from any email alert services you have requested by modifying or deleting your profile on the Site.
8. Comments and Questions
If you have any questions or concerns about this Privacy Statement, please use the Contact Us form on coldwellbankerhomes.com.
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