Last updated: July 2022
These Terms of Service constitute a legally binding agreement between you and Okie Dokie Technologies LLC d/b/a Okie Dokie. (“Okie Dokie”) governing your use of the Okie Dokie Platform (the “Agreement”). Okie Dokie’s websites (including www.OkieDokie.care) (the “Sites”), mobile applications, web application(s) (the “Apps”), and related services, information and communications are collectively referred to as the “Okie Dokie Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE OKIE DOKIE PLATFORM.
PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND OKIE DOKIE RESOLVE DISPUTES. FOR PUERTO RICO AND U.S. USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST OKIE DOKIE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE OKIE DOKIE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR PUERTO RICO AND U.S. USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Okie Dokie Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms of Service include:
- You must be at least the legally required age in the jurisdiction in which you reside (21 years old for Puerto Rico and U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Okie Dokie Platform (Section 2).
- Your agreement that the technology for the Okie Dokie Platform is provided “as is” and without warranty (Section 17).
- Your agreement that Okie Dokie provides no warranty and has no liability regarding User action on the Okie Dokie Platform or the performance of Assistance (Section 17).
- Your acknowledgment and agreement that Okie Dokie does not supervise, scope, direct, control, or monitor a Service Provider’s work and the Assistance performed (Section 1).
- Your acknowledgement and agreement that Clients are solely responsible for determining if the Service Provider they hire is qualified to perform the Assistance (Sections 1 and 23).
- Your acknowledgement and agreement that Service Providers are independent contractors or employees of Clients and not employees, independent contractors or service providers of Okie Dokie (Section 1).
- Your agreement to hold harmless and indemnify Okie Dokie from claims due to your use or inability to use the Okie Dokie Platform or content submitted from your account to the Okie Dokie Platform (Section 18).
- For Puerto Rico and U.S. Users, your agreement to arbitrate disputes with Okie Dokie on an individual basis to the fullest extent permitted by applicable law.
- The Okie Dokie Platform Connects Service Providers and Clients
The Okie Dokie Platform is a web-based communications platform which enables connections between Clients and Service Providers. “Clients” are individuals and/or businesses seeking to obtain caregiving assistance and/or assistance with recurring, short term or occasional services (“Assistance”) from Service Providers and are therefore clients of Service Providers, and “Service Providers” are individuals or businesses seeking to perform Assistance for Clients. Clients and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of an Assistance with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
SERVICE PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF OKIE DOKIE. OKIE DOKIE DOES NOT PERFORM ASSISTANCE AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM ASSISTANCE. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, OKIE DOKIE OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS WHO WISH TO PERFORM ASSISTANCE IN A VARIETY OF SERVICES.
USERS HEREBY ACKNOWLEDGE THAT OKIE DOKIE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE ASSISTANCE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Okie Dokie Platform to a Service Provider being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “great” “background checked,” “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Okie Dokie of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the Okie Dokie Platform.
The Okie Dokie Platform enables connections between Users for the performance of Assistance. Okie Dokie is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Assistance, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Okie Dokie makes no warranties or representations about the suitability, timeliness, or accuracy of the Assistance requested or services provided by, or the communications of or between, Users identified through the Okie Dokie Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
- User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the Okie Dokie Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Okie Dokie may perform Background Checks, Okie Dokie is not responsible to do so and cannot confirm that each User is who they claim to be, and Okie Dokie cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Okie Dokie will not be liable for any false or misleading statements made by Users of the Okie Dokie Platform.
NEITHER OKIE DOKIE, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE OKIE DOKIE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE OKIE DOKIE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE OKIE DOKIE PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside (21 years of age or older for Puerto Rico and U.S. based users), and/or are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You have read, understand, and agree to be bound by these Terms of Service applicable to the country where the Assistance is performed;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Assistance or any interaction by or with any User and/or Okie Dokie in connection with the Okie Dokie Platform without the prior written consent of Okie Dokie and/or the relevant User, as applicable;
- You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Client as the case may be, and only utilize the third party payment service provider specified or approved by Okie Dokie to make or receive payment for services provided through the Okie Dokie Platform (the “PSP”);
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date photo on your profile;
- When using or accessing the Okie Dokie Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use the Okie Dokie Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to Okie Dokie, you do not have any motivation, status, or interest that Okie Dokie may reasonably wish to know about in connection with the Okie Dokie Platform, including without limitation, if you are using or will or intend to use the Okie Dokie Platform for any journalistic, academic, investigative, or unlawful purpose.
Service Providers additionally represent and warrant that:
- When using the Okie Dokie Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity, and you file tax returns as a business;
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Okie Dokie Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Assistance;
- If the Assistance is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Assistance;
- You have any and all insurance required and available to operate your business and provide your services;
- You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Assistance(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
- Contract between Clients and Service Providers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of an Assistance, when an Assistance is booked. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Okie Dokie Platform, and any other contractual terms accepted by both the Service Provider and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Okie Dokie’s obligations or restrict Okie Dokie’s rights under this Agreement. Okie Dokie is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Okie Dokie and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Okie Dokie. Okie Dokie’s role, beyond enabling connections between Clients and Service Providers via it’s web-based communications platform, is to act as a limited payment collection agent for the Service Provider to facilitate payment for Assistance on behalf of the Service Provider through the Okie Dokie Platform using the PSP. In acting as the limited payment collection agent for Assistance on the Okie Dokie Platform, Okie Dokie disclaims any other agency or authority to act on behalf of the Service Provider, and assumes no liability or responsibility for any acts or omissions of the Service Provider, either within or outside of the Okie Dokie Platform.
Where approved in advance by the Client, the Service Provider is not obligated to personally perform the Assistance. Service Providers may engage assistants, helpers, subcontractors or other personnel (collectively “Service Provider Assistants”). For safety reasons, such Service Provider Assistants shall have been background checked and include the documents in the Okie Dokie Platform. A Service Provider’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Okie Dokie Platform. The Service Provider assumes full and sole responsibility for the acts and omissions of such Service Provider Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Service Provider Assistants, if any, and for all required and applicable tax withholdings as to such Service Provider Assistants. Clients are responsible for confirming with their Service Provider that any Service Provider Assistants are registered Service Providers on the Okie Dokie Platform and Clients understand that they are entering into separate Service Agreements with the Service Provider and each Service Provider Assistant.
While using the Okie Dokie Platform, Clients, in their sole discretion, determine whether they will be present or not when an Assistance is performed. Clients who elect not to be present when an Assistance is performed agree that if someone other than them books the Assistance on their behalf or is present when the Assistance is performed, they are appointing that person as their agent (“Client’s Agent”) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Okie Dokie Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
The Client shall pay their Service Provider(s) in full for all Assistance services via the PSP as indicated on the Okie Dokie Platform, at the rates agreed to by the parties.
- Billing and Payment
Users of the Okie Dokie Platform contract for Assistance directly with other Users. Okie Dokie will not be a party to any contracts for Assistance or services. In general, Payment for Assistance services through the Okie Dokie Platform is made directly from the Client to the Service Provider via the PSP, and not by Okie Dokie. Okie Dokie is not obligated to compensate Service Provider for Client’s failure to pay for services.
The Assistance Payment, service charge, and platform fee must be paid through the PSP. Users of the Okie Dokie Platform will be required to provide their payment method details to Okie Dokie and the PSP. Clients will be responsible for paying or pre-paying the invoice(s) or some portion of the invoice(s) and paying any balance for each Assistance (the “Invoice(s)”), which will include (i) the pricing terms of the Assistance provided by the Service Provider and agreed upon by the parties (“Assistance Payment”), (ii) any out of pocket expenses agreed upon by the parties and submitted by the Service Provider in connection with the Assistance, (iii) the service charge Okie Dokie assesses to the Client as payable for the use of the Okie Dokie Platform, and (iv) the platform fee (sometimes referred to as Booking Fee) Okie Dokie assesses to the Client, which is used to offset Okie Dokie’s cost of providing Users with customer support and other various business objectives, (v) optional fees for additional tools that Client may have available to upgrade the use or features in the Okie Dokie App; or (vi) cancellation fees, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go directly to the Service Provider. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount, as applicable in your country.
Service Providers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Service Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Okie Dokie is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Okie Dokie has no obligations, responsibility or liability to any Service Provider or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Okie Dokie and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Assistance and expenses.
When Client receives confirmation through the Okie Dokie Platform or via email that an Assistance has been booked and/or completed, Client automatically authorizes the PSP to process the Invoice(s). Users may be billed a cancellation fee at the Service Provider’s hourly rate through the PSP if you book (or accept) an Assistance, but cancel it before (or fail to appear upon) the scheduled time for performance.
Okie Dokie reserves the right (but not the obligation) upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the Okie Dokie Platform, to (i) place on hold any Assistance Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the Okie Dokie Platform will be liable for any taxes (including VAT, if applicable in the country where the Assistance is performed) required to be paid on the Assistance and use of platform provided under the Agreement.
- Contests, Gift Cards, and Promotional Codes
Okie Dokie may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Okie Dokie, and can be implemented, modified, or removed at any time by Okie Dokie without advance notification. The liability of Okie Dokie and Affiliates, as well as any of Okie Dokie’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
Okie Dokie gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Assistance Payments and/or Okie Dokie service charge and platform fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with an Assistance provided through the Okie Dokie Platform.
(a) Promo Codes
Promo Codes are an offer by Okie Dokie to reduce the amount a Client has to pay in relation to an Assistance Payment, service charge, and/or platform fee. Promo Codes will not affect the amount of the Assistance Payment a Service Provider ultimately receives, unless approved by Service Provider. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Okie Dokie or the Service Provider or Client, or constitute wages, fees or other amounts paid to the Service Provider by Okie Dokie. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once by any User, regardless of the email address used during registration. Okie Dokie reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
(b) Gift Cards
Gift cards can only be used in connection with Assistance performed on the Okie Dokie Platform and are not replaceable if lost or stolen. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Service Providers as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Okie Dokie reserves the right to correct the balance of a Gift Card if Okie Dokie believes that a billing error has occurred. Okie Dokie reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
- Public Areas; Acceptable Use
The Okie Dokie Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, assistance postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Okie Dokie Platform, you should not share your personal contact information with other Users.
Without limitation, the Okie Dokie Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Okie Dokie staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Okie Dokie;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Okie Dokie or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the Okie Dokie Platform which are not relevant to the Assistance services;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the Okie Dokie Platform, you may not:
- Use the Okie Dokie Platform for any unauthorized or illegal purpose, including but not limited to posting or performing an Assistance in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Assistance repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Okie Dokie Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the Okie Dokie Platform) are endorsed by Okie Dokie, without the prior written consent of Okie Dokie;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Okie Dokie Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Okie Dokie Platform or any portion thereof;
- Hack or interfere with the Okie Dokie Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Okie Dokie Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Okie Dokie and Affiliates;
- Upload content to the Okie Dokie Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the Okie Dokie Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Okie Dokie Platform as set forth herein;
- Use the Okie Dokie Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the Okie Dokie Platform or the Assistance services in violation of this Agreement;
- Use the Okie Dokie Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Okie Dokie’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Okie Dokie Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Okie Dokie will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- Mobile App Updates and Upgrades
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Okie Dokie Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Okie Dokie’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information. You can uninstall the App(s) at any time.
- Deactivation and Suspension
Okie Dokie may suspend your right to use the Okie Dokie Platform pending its investigation of a potential breach by you of this Agreement. Okie Dokie may deactivate your account or limit your use of the Okie Dokie Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). If you wish to appeal this determination, please contact email@example.com (please use the subject “User Breach Appeal – [name of user]”) within 14 days of receipt of such notice with the grounds for your appeal.
If Okie Dokie suspends or deactivates your account or limits your use of the Okie Dokie Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Okie Dokie Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Okie Dokie reserves the right to take appropriate legal action pursuant to the Agreement.
Okie Dokie reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Okie Dokie Platform at its sole discretion. Okie Dokie will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Okie Dokie shall not be liable to you for any modification or discontinuance of all or any portion of the Okie Dokie Platform. Okie Dokie has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the Okie Dokie Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Okie Dokie Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Okie Dokie Platform.
- Account, Password, Security, and Telephone Communications
You must register with Okie Dokie and create an account to use the Okie Dokie Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Okie Dokie for accessing the Okie Dokie Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Okie Dokie has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Okie Dokie immediately.
You acknowledge that telephone calls to or from Okie Dokie, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Okie Dokie, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Okie Dokie before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Okie Dokie by texting STOP to any text message sent to the retiring phone number.
- User Generated Content
“User Generated Content” is defined as any information and materials you provide to Okie Dokie, its corporate partners, staff, or other Users in connection with your registration for and use of the Okie Dokie Platform and participation in Okie Dokie promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Okie Dokie is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Okie Dokie has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Okie Dokie that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Assistance is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Okie Dokie or otherwise purport to act as a representative or agent of Okie Dokie; and (i) will not create liability for Okie Dokie or cause Okie Dokie to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Okie Dokie Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”). Feedback is such User’s opinion and not the opinion of Okie Dokie, and has not been verified or approved by Okie Dokie. You agree that Okie Dokie is not responsible or liable for any Feedback or other User Generated Content. Okie Dokie encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Okie Dokie is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. Each Client should undertake their own research to be satisfied that a specific Service Provider has the right qualifications for an Assistance.
Okie Dokie respects the personal and other rights of others, and expects Users to do the same. Okie Dokie is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Okie Dokie Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Okie Dokie. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the Okie Dokie. Such notification can be made at Okie Dokie Technologies LLC, 365 Eleonor Roosevelt, San Juan, PR 00918.
- Links to Third-Party Websites
The Okie Dokie Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Okie Dokie or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Okie Dokie Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Okie Dokie does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Okie Dokie is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Okie Dokie has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Okie Dokie Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Okie Dokie expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Okie Dokie Platform. You hereby agree to hold Okie Dokie harmless from any liability that may result from the use of links that may appear on the Okie Dokie Platform.
As part of the functionality of the Okie Dokie Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Okie Dokie Platform; or (ii) allowing Okie Dokie to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Okie Dokie and/or grant Okie Dokie access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Okie Dokie to pay any fees or making Okie Dokie subject to any usage limitations imposed by such third-party service providers. By granting Okie Dokie access to any Third-Party Accounts, you understand that (i) Okie Dokie may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Okie Dokie Platform via your Okie Dokie account, including without limitation any friend lists, and (ii) Okie Dokie may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the Okie Dokie Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Okie Dokie’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Okie Dokie Platform. You will have the ability to disable the connection between your account on the Okie Dokie Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Okie Dokie makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Okie Dokie is not responsible for any SNS Content.
- Okie Dokie Operates as an Online Marketplace
Okie Dokie operates as an online marketplace that connects Clients with service providers who wish to perform Assistance in a variety of services. Okie Dokie does not perform Assistance and does not employ people to perform Assistance. Service Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Okie Dokie Platform. Okie Dokie does not control or direct the Service Providers’ performance of their services or set their work locations or work hours. Service Providers provide services under their own name or business name, and not under Okie Dokie’s name. Service Providers provide their own tools and supplies,if any, to perform their services; Okie Dokie does not provide the tools or supplies. Service Providers are free to maintain a clientele without any restrictions from Okie Dokie and are free to offer and provide their services elsewhere, including through competing platforms. Okie Dokie does not set Service Providers’ hours or terms of work. Service Providers are free to accept or reject Clients and contracts. Service Providers are not penalized for rejecting Clients or contracts, though if Service Providers accept a Client or request for Assistance through the Okie Dokie Platform, they are expected to fulfill their contractual obligations. Service Providers set their own rates for services performed in the Okie Dokie general marketplace.
The Okie Dokie Platform is not an employment agency service or business and Okie Dokie is not an employer of any User. Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Assistance and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
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- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Okie Dokie designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Okie Dokie Platform is owned by Okie Dokie, excluding User Generated Content, which Users hereby grant Okie Dokie a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Okie Dokie owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Okie Dokie Platform without Okie Dokie’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Okie Dokie, including without limitation Okie Dokie, Okie Dokie for Good, and associated logos, are service marks owned by Okie Dokie. Any other trademarks, service marks, logos and/or trade names appearing via the Okie Dokie Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Copyright Complaints and Copyright Agent
Okie Dokie respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Okie Dokie Platform infringe upon your copyright or other intellectual property right, please send the following information to Okie Dokie’s Copyright Agent at: Okie Dokie, 365 Eleonor Roosevelt, San Juan, PR 00918, or firstname.lastname@example.org:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Okie Dokie Platform where the material you claim is infringed is visible. Include enough information to allow Okie Dokie to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Okie Dokie and agree that you will not, for the lifetime of your account on Okie Dokie plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Okie Dokie Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Okie Dokie in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Okie Dokie promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Okie Dokie’s trade secrets, confidential and proprietary information, and all other information and data of Okie Dokie that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Okie Dokie or Okie Dokie’s business, operations or properties, including information about Okie Dokie’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
(a) Use Of The Okie Dokie Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE OKIE DOKIE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. OKIE DOKIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, UPDATE OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE OKIE DOKIE PLATFORM, INCLUDING BUT NOT LIMITED TO THE INFORMATION ON THE PROVIDER’S PROFILE OR ANY OTHER USER, OR THE CONTENT OF ANY SITES LINKED TO THE OKIE DOKIE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT (NEGLIGENT OR INTENTIONAL) FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY DAMAGE, HARM OR DAMAGE TO AN ANIMAL OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SICKNESS (INCLUDING ANY SICKNESS CAUSED BY A PANDEMIC), LEWD ACTS, SEXUAL HARRASMENT, LOST ANIMAL OR PERSON, KIDNAPPING, POISONING AND/OR DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF THE OKIE DOKIE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, INCLUDING INFORMATION THAT COULD BE PROTECTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”), WHICH ANY USER CONSENTS TO ITS SHARING WHEN THE INFORMATION IS INCLUDED IN THE OKIE DOKIE PLATFORM, AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Okie Dokie does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Okie Dokie Platform or any hyperlinked website or featured in any banner or other advertising, and Okie Dokie will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Okie Dokie and Affiliates do not warrant that access to the Okie Dokie Platform will be uninterrupted or that the Okie Dokie Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Okie Dokie Platform, or as to the content of any provider’s or any user’s profile information or timeliness, accuracy, reliability, update, completeness or Assistance, service, information or materials provided through or in connection with the use of the Okie Dokie Platform. Okie Dokie and Affiliates are not responsible for the conduct, whether online or offline, of any User. Okie Dokie and Affiliates do not warrant that the Okie Dokie Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Okie Dokie and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Client may use to expedite Okie Dokie selection, each Client is responsible for determining the service and selecting their Service Provider and Okie Dokie does not warrant any goods or services purchased by a Client and does not recommend any particular Service Provider. Okie Dokie does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that Okie Dokie is only willing to provide the Okie Dokie Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Okie Dokie, its members, director, officers and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Okie Dokie Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation the use or update of information of any kind, including information that can be protected under the Health Insurance Portability and Accountability Act (“HIPAA”), stalking, harassment that is sexual or otherwise, lost person or animal, kidnapping, poisoning, acts of physical violence to a person or animal, death, and stealing, harm or destruction of personal property, sickness – including any sickness caused by a pandemic), any dispute with any User, any instruction, advice, act, or service provided by Okie Dokie and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL OKIE DOKIE AND AFFILIATES, ITS MEMBERS, DIRECTORS, OFFICERS OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE OKIE DOKIE AND AFFILIATES, ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OKIE DOKIE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE OKIE DOKIE PLATFORM OR THE ASSISTANCE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
OKIE DOKIE AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS OKIE DOKIE PLATFORM. OKIE DOKIE AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE OKIE DOKIE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT OKIE DOKIE AND AFFILIATES, ITS MEMBERS OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO OKIE DOKIE (IF YOU ARE A CLIENT) OR TOTAL ASSISTANCE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A SERVICE PROVIDER), DURING THE 3 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Okie Dokie, its members, directors, officers, partners subsidiaries and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Okie Dokie Platform; (ii) your participation in Assistance, or your ability or inability to perform or obtain the performance of Assistance or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Okie Dokie Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Okie Dokie reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Okie Dokie.
- Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Okie Dokie Platform, your relationship with Okie Dokie, Assistance, or this Agreement (including previous versions), (“Dispute”), you and Okie Dokie agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement such as arbitration if you are a resident of Puerto Rico or U.S. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Okie Dokie. Okie Dokie’s address for such notice is Attention: Legal – Okie Dokie Technologies.
- 365 Eleonor Roosevelt, San Juan, PR 00918
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN PUERTO RICO OR THE U.S., IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.
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- No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- General Provisions
Failure by Okie Dokie to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Okie Dokie with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to Puerto Rico and U.S. Residents in Section 28A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Okie Dokie shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Okie Dokie for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Okie Dokie, its successors and assigns.
Service Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Assistance. Indeed, certain types of Assistance and services may be prohibited altogether, and it is the responsibility of Service Providers to avoid such prohibited Assistance and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Assistance and services on the Okie Dokie Platform, you should first seek appropriate legal guidance.
Because Okie Dokie does not supervise, scope, direct, control, or monitor a Service Provider’s work or performance of Assistance, Clients must determine for themselves whether a Service Provider is qualified to perform the specific Assistance. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Assistance are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Service Provider any specific hazards, obstacles, or impediments in the Assistance location (both visible and concealed) that may impact the performance of the Assistance.
- Changes to this Agreement and the Okie Dokie Platform
Okie Dokie reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement and review, improve, modify or discontinue, temporarily or permanently, the Okie Dokie Platform or any content or information through the Okie Dokie Platform at any time, effective with or without prior notice and without any liability to Okie Dokie. Okie Dokie will endeavor to notify you of material changes to this Agreement by email but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Okie Dokie Platform. Your continued use of the Okie Dokie Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. Okie Dokie may also impose limits on certain features or restrict your access to part or all of the Okie Dokie Platform without notice or liability.
- No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
- Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Okie Dokie Platform, please contact us by email at email@example.com or by mail to 365 Eleonor Roosvelt, San Juan, PR 00918.
- Consent to Electronic Signatures
By using the Okie Dokie Platform, you agree to transact electronically through the Okie Dokie Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
- Jurisdiction-specific Provisions, including Dispute Resolution
- Residents of Puerto Rico and the United States of America.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND OKIE DOKIE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OKIE DOKIE PLATFORM.
You agree that you will comply with all Gift Card terms and conditions. In certain U.S. states, after a period of time, Okie Dokie may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Okie Dokie has remitted such cash to a state, the Gift Card may no longer be redeemed and Okie Dokie may direct the Gift Card holder to that state’s government instead. Gift Cards have no cash value and are not redeemable for cash.
Telephone Communications and Agreement to be Contacted
(a) Your Consent to Receive Automated Calls/Texts.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Okie Dokie and Affiliates, or from independent contractors (including Service Providers) related to promotions, your account, registration, orientation, upcoming or scheduled Assistance, changes and updates, service outages, reminders about upcoming Assistance, follow ups to any push notifications delivered through our mobile application, any transaction with Okie Dokie, and/or your relationship with Okie Dokie. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Okie Dokie may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Okie Dokie and Affiliates, or from independent contractors (including Service Providers) even if you cancel your account or terminate your relationship with Okie Dokie, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
(b) Opt-Out Instructions.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email firstname.lastname@example.org and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must (i) provide Okie Dokie with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to Okie Dokie Technologies LLC – 365 Eleonor Roosevelt, San Juan, PR 00918. It is your sole responsibility to notify Okie Dokie if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
(c) Fees and Charges.
There is no fee to receive automated telephone calls or text messages from Okie Dokie, our agents, affiliates, and independent contractors (including Service Providers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Okie Dokie and Affiliates, and independent contractors (including Service Providers) are not responsible for such charges.
(d) Unauthorized Use of Your Telephone Device.
You must notify Okie Dokie immediately of any breach of security or unauthorized use of your telephone device. Although Okie Dokie and Affiliates, and independent contractors (including Service Providers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
(e) Your Indemnification to Okie Dokie.
You agree to indemnify Okie Dokie and Affiliates, and independent contractors (including Service Providers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Okie Dokie of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Okie Dokie and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Okie Dokie shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 28A will survive termination of these Terms of Service.
Worker Classification and Withholdings
Okie Dokie does not employ Service Providers to provide any Assistance. Okie Dokie is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Okie Dokie Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Media and User Generated Content
To the extent permitted by law, you hereby grant Okie Dokie a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Okie Dokie (collectively, “Media”) in exchange for use of the Okie Dokie Platform, in any media now known or not currently known in order to market, operate, and improve upon the Okie Dokie Platform, including but not limited to the right to the following:
- Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Okie Dokie or that Okie Dokie takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Okie Dokie Platform or any Okie Dokie promotional campaigns;
- Use, and permit to be used, such User’s Media, Physical Likeness, and Voice in the advertising, marketing, and/or publicizing of the Okie Dokie Platform in any media, in any format and through any distribution channels; and
- Use, and permit to be used, such User’s name and identity in connection with the Okie Dokie Platform or any Okie Dokie promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media. Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that Okie Dokie shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases Okie Dokie and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Okie Dokie Platform.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF ANY STATUTE, REGULATION, OR COMMON LAW PRINCIPLE THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE WHICH READS SIMILAR TO THE FOLLOWING OR HAS A SIMILAR PURPOSE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Further, in consideration of the services provided by Okie Dokie, you hereby release Okie Dokie from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Okie Dokie and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to Okie Dokie in writing if you have any potentially relevant criminal procedures and/or convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Okie Dokie Platform.
Dispute Resolution – Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND OKIE DOKIE CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND OKIE DOKIE TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND OKIE DOKIE MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate (“Arbitration Agreement”) is governed by the local rules of arbitration applicable in Puerto Rico, Act 376 of May 8, 1951, as amended (the “Local Rules”), and survives the termination of this Agreement and your relationship with Okie Dokie.
To the fullest extent permitted by applicable law, you and Okie Dokie agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Okie Dokie Platform, your relationship with Okie Dokie, Assistance, or this Agreement (including previous versions), including Claims by Okie Dokie, Claims against Okie Dokie and Claims against Okie Dokie’s Affiliates (including its parent company).
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Okie Dokie; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Okie Dokie and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Okie Dokie agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND OKIE DOKIE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
(b) Prohibition of Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Okie Dokie agree that any arbitration will be limited to the Claim between Okie Dokie (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND OKIE DOKIE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Okie Dokie otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction in San Juan, Puerto Rico, and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
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(d) Rules and Logistics Governing Arbitration
In order to initiate arbitration, a claim must be filed, and the written Demand for Arbitration must be provided to the other party. The arbitration will be commenced and conducted in the jurisdiction of San Juan, Puerto Rico and under the local arbitration rules applicable in Puerto Rico in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement. You and Okie Dokie agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen as described in the Local Rules.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be subject to the following modifications:
(i) The party that initiates arbitration under this Arbitration Agreement will pay all filing fees.
(ii) Other than the filing fees, each party will pay their fees and costs in arbitration, unless the arbitrator finds that either the substance of the claim or the relief sought in the Demand for Arbitration was frivolous or was brought for an improper purpose, in which case the filing party is responsible to pay all the arbitration fees and costs.
(iii) Except as required by law, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(iv) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law.
Unless you and Okie Dokie agree otherwise, the arbitration hearings will take place in San Juan, Puerto Rico. If arbitration is unavailable in San Juan, Puerto Rico, the arbitration hearings will take place in the nearest available location for an arbitration.
(e) Exceptions to Arbitration
The Arbitration Agreement shall not require arbitration of the following types of claims:
- Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
- Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
- Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
- Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the Local Rules.
In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Opt Out of Arbitration Agreement
For Service Providers, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Okie Dokie’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Okie Dokie.
Except as specified in this arbitration agreement, if you are a Service Provider, you may opt out of the Arbitration Agreement by notifying Okie Dokie in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Okie Dokie Technologies LLC, 365 Eleonor Roosevelt, San Juan, PR 00918, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.
THE DISPUTE RESOLUTION BY THIS ARBITRARTION AGREEMENT UNDER THIS SECTION CAN ONLY BE CONTESTED IN A LOCAL JURISDICTION OF SAN JUAN, PUERTO RICO, AND IF FOR ANY REASON THE DISPUTE RESOLUTION BY THIS ARBITRARTION AGREEMENT, OR ANY PART OF THIS SECTION, IS UNENFORCEABLE BY APPLICABLE LAW, THE REMAINDER OF THE AGREEMENT IS VALID AND THE PARTIES AGREE TO RESOLVE THE SPECIFIC ISSUE OR CONTROVERSY AT A COURT OF LAW IN THE LOCAL JURISDICTION OF SAN JUAN, PUERTO RICO AND ALSO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR ANY OTHER REPRESENTATIVE PROCEEDING.
Except as expressly provided otherwise, this Agreement and your use of the Okie Dokie Platform will be governed by, and will be construed under, the laws of Puerto Rico, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Puerto Rico law to interpret this Agreement and is not intended to create any substantive right to non-Puerto Ricans to assert claims under Puerto Rico law whether by statute, civil law, common law, or otherwise.
Okie Dokie Legal Notice
Okie Dokie Technologies is a limited liability company registered in Puerto Rico.
The postal address of Okie Dokie Technologies is: 365 Eleonor Roosevelt, San Juan, PR 00918
Authorized representative: Antonio J. Alvarez Domenech
Contact address: 365 Eleonor Roosevelt, San Juan, PR 00918
- Acknowledgement and Consent
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AND AGREE THAT MY USE OF THE OKIE DOKIE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.