Terms of Use

Ocochi Corporation, an Illinois Company, appreciates your interest in the Company’s website located at www.ocochi.com and associated subdomains (the “Site”).

Throughout the Site, the terms “we”, “us” and “our” refer to Ocochi Corporation. Ocochi Corporation offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you agree to be bound by the following terms and conditions of service (“Terms of Use”, “Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, AND COMPLY WITH THESE TERMS, INCLUDING THE RESOLUTION OF ANY DISPUTES

If you do not agree to all the Terms of this agreement, then you may not access the Site or use any of its services. If these Terms of Use are considered an offer, your acceptance is expressly limited to these Terms.

Any new features or tools which are added to the Site shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes to these Terms.

Additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and membership programs ("Additional Terms"), which Additional Terms shall be part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside and you have given us your consent to allow any of your minor dependents to use this Site; (5) you will not access the Site through automated or non-human means, whether through a robot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; (8) you will not transmit any works or viruses or any code of a destructive nature; and (9) you will not utilize our products or services for any illegal or unauthorized purpose, including but not limited to the resale of our products, without our prior written authorization.

If, in our sole discretion, we determine that you have violated any of the user representations or any other duty or obligation on this Site, or in law or equity, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), and/or otherwise refuse to sell you any of our products or services.

User Accounts

The Company provides an Account (“Account”) to registered users who are 18 years or older who have not been suspended or removed by the Company for any reason (a “Member”).

All decisions regarding your eligibility to use the Account, and which types of data can be uploaded or viewed on the Account, are made solely and exclusively in the discretion of the Company. You agree not to contest any eligibility determination made by the Company. The Company may, without notice or liability, limit, modify, suspend, discontinue or restrict the use of any portion of the Account, including the availability of any portion of the content at any time; remove or edit content; or cancel orders.

Using the Account and its related services requires the use of a user name (your email address) and password. The password will be set by you when you register for an Account. You agree to: (i) keep the user name, password, and Account secure and confidential; (ii) accept responsibility for all activities that occur under your Account or password; and (iii) notify the Company immediately of any unauthorized use of your user name, password, and/or Account. Any use of another person’s username and/or password is expressly prohibited.We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

The Company does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use an Account only with involvement of a parent or guardian.

The Site is controlled, operated and administered by the Company from our office within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our services.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason and certain products or services may be available exclusively online through this Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We reserve the right, but are not obligated, to limit the sales of our products or the provision of our services to any person, geographic region, or jurisdiction for any reason at any time. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Returns Policy

Please review our Return Policy posted on the Site prior to making any purchases.

Purchases and Payment

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

We accept(s) all major credit cards and PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. We have the absolute right to change prices at any time without notice or liability. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of any product or service. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Cancellations, Accuracy of Billing, and Account Information

We reserve the right, at our sole discretion to cancel or refuse any order placed through the Site to any person, geographic region, or jurisdiction. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address / phone number provided at the time the order was made.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Third Party Links and Optional Tools

Certain content, products, and services available via our Site may include materials from third-parties that are not affiliated with us. We may provide you with access to these third-party links and tools over which we neither monitor nor have any control nor input.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other information, materials, products or services of third-parties.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, information, materials or services.

Any use by you of optional tools, information, materials or services offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

We may provide you with access to these third-party tools over which we neither monitor nor have any control nor input.

Intellectual Property Rights

The Site is owned and operated by the Company. The Content, visual interfaces, trademarks, logos, service marks, graphics, design, compilation, information, graphics, videos, button icons, music and page headers, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by the Company (the “Materials”) are property of the Company and/or third-party licensors, and protected by United States copyright, trade dress, patent, and/or trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Materials displayed on the Site without the written permission of the Company. Your use of any of the Materials displayed on the Site is strictly prohibited, except that you are authorized to view one copy of the Material for your personal, non-commercial use only, subject to the following provisions: (a) the copyright, trademark, and other proprietary notices are kept intact; and (b) the information is not altered in any way. Any other use of the Materials is strictly prohibited. The Company reserves all rights to the Materials not expressly granted in the Terms.

Copyright Infringement; Notice and Take Down Procedures

The Company prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, please submit your notification in writing to the attention of “Copyright Infringement,” care of help@ocochi.com. Include in your notice a detailed description of the alleged infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.

The Company shall process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). Notifications of claimed copyright infringement should be sent to the Site's Designated Agent at the following email address: help@ocochi.com

The notification must be in writing and contain the following information:
The person authorized to act on behalf of the owner of the copyright interest (later there will be requirement to receive physical signature on behalf of the copyright interest)
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number
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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If necessary, we will take appropriate action under applicable intellectual property law and these Terms of Use, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Site.

If we remove or disable access to content in response to a notice of infringement, we will make reasonable attempts to contact the user who posted the affected content. If you believe that your content is not infringing, you may provide us with a counter notice, in writing, headed “Copyright Infringement Counter Notification” at help@ocochi.com. You must include in your counter notice sufficient information to allow us to consider your allegations. You also may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your content is not infringing the copyright of others.

If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

Shipment and Risk of Loss

We will add applicable shipping and handling fees to your product orders. Unless otherwise noted, we will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that these represent our good faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of the order or, if no date was specified, beyond 30 days from the date of your order), we will use reasonable good faith efforts to contact you. If we cannot contact you, or you no longer wish to receive the item, we will cancel the order and promptly refund the amount tendered within seven (7) business days if the purchase was made using third-party credit card. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All products purchased from the Site will be shipped by a third party carrier, pursuant to a shipment contract. We may reject orders where the stated delivery address is outside of the United States or, if processed, you may be responsible for the payment of excise, tariff, or other fees as mandated by applicable jurisdiction.

Risk of Loss

All items purchased from the Site will be shipped by a third party carrier pursuant to a shipment contract. This means risk of loss and title for such items shall pass to you upon our delivery to the carrier.

International Orders

We do not directly sell products in any jurisdiction other than the United States of America. While we may choose to accept orders for the purchase of our products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

You agree that the purchase of any products by you, as a non-U.S. resident, shall be (i) ex works from our facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
You hereby expressly authorize and direct us to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from our facilities in the United States to your foreign shipping address.

Sales Tax

In the United States, we are required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise. Your final order total will include the applicable taxes.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or of any related Site, other websites, or the Internet; (h) to collect or track the Personal Information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or any related Site, other websites, or the Internet. We reserve the right to prohibit your use of our services or any related Site for engaging in any of the prohibited uses.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations

User Comments, Feedback and Other Contributions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, or chat, contribute to, or participate in blogs, message boards, online forums, send creative ideas, suggestions, proposals, plans, other materials, other functionality,(collectively, “contributions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use .

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Site.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions, pay you compensation for any Contributions, or respond to your Contributions.

Social Media & Submitted Material

Our social media pages, which include but may not be limited to Facebook, Pinterest, Instagram, and YouTube (collectively "Social Media"), are delivered to you in accordance with these Terms and the terms of use of each of the Social Media operators.

Any information, pictures, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted that you send to us or post on or through the Site, Services, or Social Media (including, for example items that you submit or post on our Facebook page, on our blogs, or send to us by e-mail) ("Submitted Materials") shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms and the terms of use of each of the Social Media operators.

When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.

By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Services, or Social Media, or our goods or services, in any media, without any compensation or advance notice to you.

We reserve the right, but do not have an obligation, to monitor and review all materials posted by you to the Site, Services, or Social Media. We are not responsible for the content of any materials posted by users. We reserve the right to edit, refuse to post, remove any content you post, or block any social media account, for any reason, at any time and without advance notice to you. Our reasons for removing or refusing to post content include, that such content is objectionable to us in our sole discretion, that it violates these Terms, or that it violates any applicable law, ordinance or regulation. We may also limit your access to all or certain portions of the Site, Services, or Social Media without notice to you for any reason.

Restrictions

By accessing and/or using the Site, Services, or Social Media, you agree not to do the following:

(a) use, copy, sell, post, display, print, publish, reproduce, distribute, transmit, modify, perform, broadcast, re-broadcast, translate, sell, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site, Information, Materials, or Social Media, or any part thereof, except as expressly permitted by these Terms for your own personal, non-commercial, non-promotional use;

(b) use the Site, Information, Materials, or Social Media in a manner that: (i) violates any law, statute, ordinance, or regulation; (ii) violates, exploits, or harms, or attempts to violate, exploit, or harm, the legal rights (including the patent, trademark, copyright, privacy, or publicity rights) of any person or third party; (iii) promotes any illegal, commercial, advertising, or political activity, or advocates, promotes, or assists any unlawful, commercial, advertising, or political act; (iv) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or third party; (v) defames, abuses, threatens, stalks, harasses, intimidates, or harms any person or third party, or discloses personal information; (vi) tracks any person or third party without their explicit consent; or (vii) could give rise to any civil or criminal liability under any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;

(c) edit, remove, delete, alter, change or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, Information, Materials, or Social Media, including any copy thereof;

(d) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site, Information, Materials, or Social Media; or

(e) damage, disable, or overburden the Company’s servers, security, or network; impair the or interfere with any other party’s use of the Site, Information, Materials, or Social Media; hack, mine passwords, transmit malware or spam, or use means to gain unauthorized access to the Site, the Company’s networks, or Services.

The Company shall, in its discretion, cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone violating these restrictions

Press / Media / Testimonials

Through the Site, you may access press articles and references about the Company (“In the Press”) and/or testimonials that are received via email submission, social media, regular mail, or interviews (“Testimonials”).

In the Press articles and references may be reached through Linked Sites. Access, use, and reliance of In the Press articles and references, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

The Company may choose to display or remove any individual Testimonial or any part of any individual Testimonial, at any time, in its sole discretion. Testimonials are individual experiences, reflecting real life experiences of those who have used Company products and/or services. However, they are individual results and results vary. The Company does not guaranty that they are typical results that customers will achieve. The testimonials are not necessarily representative of all of those who will use Company products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some testimonials have been shortened, meaning; not the whole message received by the testimony provider is displayed. The Company is not a forum for testimonials; however, the Site provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of the Company.

The Company does not adopt the opinions, views or commentary of the Press articles or references and/or Testimonials on the Site, which are strictly the views of the provider. We make no guarantees regarding our products other than those that are explicitly set forth on this Site.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

Your security and privacy are our utmost concerns. Ocochi Corporation takes all reasonable care when transferring and storing your details. Please view our Privacy Policy posted on the Site for further information.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications, Errors, Inaccuracies, Omissions and Interruptions

The Company makes no representation or warranty that the Site, Information, Materials, Services, or Social Media will be available at all times. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access as they may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

The Company reserves the right to limit, suspend, modify, or discontinue the use of Site, Information, Materials, Services, or Social Media for any reason at our sole discretion without notice and you agree that the Company shall not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever

Occasionally there may be information on our Site or in the provided through our services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information conveyed in the provision of our services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information conveyed in the provision of our services or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related Site should be taken to indicate that all information conveyed in the provision of our services or on any related Site has been modified or updated.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or use of our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflicts of law principles and the laws of the United States of America

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Chicago, Illinois. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Chicago, Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Dispute Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Class Action Waiver

Any arbitration or proceeding shall be limited to the dispute between the Parties, and: (i) no arbitration or proceeding shall be joined with any other; (ii) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

By accessing and/or using the Site, Services, or Social Media, you agree not to do the following:

The Company shall, in its discretion, cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone violating these restrictions

Disclaimer

The Site’s information (the “Information”), Materials (as defined below), and Services (including, but not limited to user accounts, product purchasing and returns, chat feature, social media, press and media, and testimonials) provided on or through the Site are for general and non-commercial purposes only and your use of the site services will be at your sole risk, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non infringement.

The Information, Materials, and Services do not, and are not intended to, constitute professional, financial, and/or legal advice. You shall not rely on them as such.

While the Company strives to ensure that Information is accurate, certain information may contain pricing errors, product description errors, typographical errors and other errors or inaccuracies which we may correct, at our discretion, without liability. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition. The Company reserves the right to limit quantities of products purchased by you and to revise, suspend, or terminate a sale, event, or promotion at any time, and without notice (including after an order has been submitted and/or acknowledged). The Company makes no guarantee that all products described on the Site will be available at all times.

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

Limitations of Liability

To the fullest extent permitted by law, IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,SHALL THE COMPANY, ITS MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED ($100).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.EVEN IF Ocochi Corporation HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Electronic Communications, Transactions and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Chat Function

The Company provides a voluntary chat feature through the Site (“Chat Function”) to provide live chat messaging between you and the Company. You agree to use the Chat Feature only to post, send, and receive messages and material that are proper and permitted by applicable law. The Company reserves the right to limit, modify, suspend, discontinue or restrict the use of any portion of the Chat Feature at any time, without notice or liability.

Confidentiality of Communications

You agree and acknowledge that e-mail and the Internet are not secure methods of transmitting information. The Company does not guarantee or warrant the confidentiality or security of any data, communications, or information sent through email, the Site, Chat messaging, any Services, Social Media, or left in voicemail messages on our telephones. You should not send any confidential, proprietary, sensitive, or other information to us unless otherwise agreed to by the Company. Unsolicited information and material may not be treated as confidential and will not be protected by any confidentiality.

Site Policies and Modification

Please review our other policies posted on the Site. These policies also govern your use of the Company’s services.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of the Site, policies, or Terms at any time by posting the amended Terms or policies on the Site. You will be deemed to have accepted any changes by continuing to use the Site or Service. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) days after they are initially posted.

The most current version of the Terms will supersede all previous versions. Please check the Terms periodically for changes.

If at any point you do not agree to any portion of the then-current version of the Terms, you must immediately stop using the Site and/or Service. The Company reserves the right to terminate these Terms and your access to the Site, Service, Social Media, the Information and/or the Materials at any time, for any or no reason.

Serverability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

General Conditions

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Entire Agreement

This is the entire agreement between us relating to your access to the Site and use of the Service, and supersedes any prior agreement or understanding you have with the Company regarding the Site and the Service.

Contact

The Company welcomes your questions or comments regarding the Terms. Also, in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: help@ocochi.com

Last updated: July 7th 2019