Terms and Conditions

Last updated: August 31, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://otechie.com website (the "Service") operated by Otechie ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Otechie.

Otechie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Otechie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

3. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

4. Contractual Relationship Between Client and Consultant

Section 4 discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

4.1 Consulting Contracts

If a Client and Consultant decide to enter into a Consulting Contract, the Consulting Contract is a contractual relationship directly between the Client and Consultant. Client and Consultant have complete discretion both with regard to whether to enter into a Consulting Contract with each other and with regard to the terms of any Consulting Contract. You acknowledge, agree, and understand that Otechie is not a party to any Service Contracts, that the formation of a Consulting Contract between Users will not, under any circumstance, create an employment or other service relationship between Otechie and any Consultant or a partnership or joint venture between Otechie and any User. With respect to any Consulting Contract, Clients and Consultants may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Otechie’s rights and obligations under the Terms of Service, including this Agreement. The parties to a Consulting Contract can, if the parties prefer, agree to the Optional Consulting Contract Terms in whole or in part, in addition to or instead of other such agreements. The Optional Consulting Contract Terms are provided as a sample only and may not be appropriate for all jurisdictions or all contracts. Users are responsible for complying with any local requirements. Otechie does not assume any responsibility for any consequence of using the Optional Consulting Contract Terms. The Optional Consulting Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, (c) or constitute advertising or a solicitation of any type. Each situation is highly fact specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions. Otechie expressly disclaims any and all liability with respect to actions or omissions based on the Optional Consulting Contract Terms.

4.2 Confidential Information

Users may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in the Optional Consulting Contract Terms. If and to the extent that the Users do not articulate any different agreement, then they agree that this Section 3.2 (Confidentiality) applies. To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

4.3 Third-Party Beneficiaries

It is the intent of the Parties to this Agreement that Users who have entered into Consulting Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section 3 only.

5. Governing Law

These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

6. Stripe Connect

Payment processing services for Consultants on Otechie are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Consultant on Otechie, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time. As a condition of Otechie enabling payment processing services through Stripe, you agree to provide Otechie accurate and complete information about you and your business, and you authorize Otechie to share it and transaction information related to your use of the payment processing services provided by Stripe.

7. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.