OhCut User Agreement

1. Definitions

• “User” refers to anyone who accesses or uses the Site. The terms “You,” “Your,” and “Yourself” refer to you as a User. “We,” “Us,” “Our,” and “OhCut” refer to OhCut, Inc.
• “Content” includes text, images, photos, videos, and all other forms of data or communication.
  • “Your Content” refers to the content you submit or transmit to or through the Site, such as reviews, ratings, compliments, and information displayed in your account profile.
  • “User Content” includes content submitted by other users on the Site.
  • “OhCut Content” refers to content created by us and made available on the Site.
  • “Third-Party Content” refers to content made available by third-party data providers.
  • “Site Content” includes all content available on the Site, including Your Content, User Content, OhCut Content, and Third-Party Content.

2. Eligibility

• Minors: If you are under the age of 18, you may only use the Site with the consent and supervision of a parent or legal guardian. Users under 13 years old are strictly prohibited from using the Site or its services.
• Business Accounts: You must be at least 18 years old to create a Business Account. If you represent a company, entity, or organization, you must have the authority to bind it to this User Agreement. OhCut reserves the right to terminate any account that does not meet these eligibility requirements.

3. Changes to the User Agreement

OhCut may modify the User Agreement from time to time to reflect changes in the law or updates to the Site. We will post notices of any modifications on this page, and changes will be effective no sooner than 30 days after being posted for pre-existing accounts. For new features or legal changes, updates may take effect immediately. If you disagree with any modifications, you must stop using the Site. Your continued use of the Site indicates your acceptance of the updated Terms.

4. User Accounts

To access certain features, you may be required to create an account. You are responsible for maintaining the confidentiality of your account password and all activities under your account. Notify us immediately if you suspect any unauthorized use of your account. We reserve the right to close your account at any time.

• Personal Account: For personal, non-commercial use only. You must provide accurate information and cannot impersonate others or create multiple accounts.
• Business Account: For representing your business on the Site. You must be an authorized representative of the business and provide accurate information. You may not create multiple Business Accounts for the same business.

5. Use of the Site

We grant you permission to use the Site in compliance with the User Agreement. However, you may encounter content that is offensive or inappropriate. OhCut does not endorse such content and prohibits users from posting it. The Site is available on mobile devices, but please use the Site responsibly and in compliance with traffic and safety laws.

6. User Accounts

OhCut is under no obligation to enforce the User Agreement on your behalf against other users. While we encourage you to report violations, we reserve the right to investigate and take appropriate action at our discretion.

You agree not to:

• Use the Site to harass, defraud, or harm others.
• Submit spam, mass messages, or promotions unless permitted.
• Manipulate search results or engage in keyword spamming.
• Use the Site for illegal or discriminatory purposes.
• Submit any inappropriate or explicit content.
• Violate intellectual property or proprietary rights.
• Attempt unauthorized access to the Site or other users’ accounts.
• Interfere with the security or functionality of the Site through hacking, viruses, or excessive traffic demands.

These restrictions ensure a safe and functional environment for all users, and violations may result in account termination.

7. Permission to Use Your Content

OhCut will never sell your contact information or allow other businesses to advertise to your clients. For example, if you book or register with an OhCut Business Account, you consent to receiving communications from that Business Account, such as marketing messages or appointment reminders.

We may use Your Content in various ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works, promoting it, distributing it, and allowing others to use it in connection with their websites and media platforms (collectively, “Other Media”). By using our Site, you hereby grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, and transferable rights to use Your Content for any purpose. You also grant other Users and media platforms the right to access Your Content through the Site or Other Media. Additionally, you waive any claims or assertions of moral rights or attribution against OhCut or its Users regarding Your Content. This includes the right to use, copy, display, distribute, modify, translate, and prepare derivative works of Your Content.

8. Responsibility for Your Content

You are solely responsible for Your Content and assume all risks related to its use, including others’ reliance on its accuracy, quality, and completeness. You represent that you own or have the rights to use Your Content and grant us permission to use it. You may not imply that your content is endorsed by OhCut. Your Content may expose you to liability if it violates third-party rights (such as copyrights, trademarks, or privacy rights), includes false or defamatory information, or contains unlawful or harmful material.

9. Use of Content

We reserve the right to remove or reinstate User Content at our sole discretion. For example, we may remove a review if it violates this User Agreement. We are not obligated to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality regarding it. OhCut and its licensees may display advertisements adjacent to or included with Your Content, for which you will not be entitled to compensation. We reserve the right to screen, edit, or remove User Content for any reason without notice. User Content does not necessarily reflect the views of OhCut, and we are not responsible for its accuracy or legality.

10. Appointment Policy

As part of the services offered by OhCut, Users can make appointments with businesses listed on the Site. By scheduling an appointment, you agree to show up at the designated time. If you cannot attend, you must cancel the appointment at least 24 hours in advance. Failure to do so may result in the suspension or termination of your account. You also agree not to make appointments unless you intend to attend and will refrain from conduct that could harm the businesses listed on the Site. Users agree to indemnify and hold OhCut harmless from any conduct that harms these businesses.

11. Copyright Dispute Policy

OhCut complies with the Digital Millennium Copyright Act (DMCA) and responds to copyright infringement claims. If you believe your copyright is being infringed, you can submit a claim by following the steps outlined below. OhCut reserves the right to remove infringing content without prior notice.

(a) Reporting Copyright Infringements:
If you are a copyright owner or agent and believe your copyrighted work is being infringed, you can send a written notice to our Designated Agent. The notice must include:

1. Identification of the copyrighted work being infringed.
2. Identification of the infringing content on the Site and sufficient information to locate it.
3. A statement that you have a good faith belief the use is unauthorized.
4. A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Your physical or electronic signature, along with your contact details (address, phone number, and email).

(b) Counter-Notice:
If you believe content was mistakenly removed, you can submit a counter-notice. The counter-notice must include:

1. Identification of the removed content and its location before removal.
2. A statement under penalty of perjury that the removal was a mistake.
3. A statement consenting to the jurisdiction of the federal court in your district (or where OhCut is located if outside the U.S.).
4. Your physical or electronic signature and contact information.

(c) Contact for Copyright Claims:
OhCut, Inc.
Attn: Customer Support
3435 Wilshire Blvd #1900
support@ohcut.com
Phone: 1-800-000-0000

12. Site Availability

We reserve the right to modify, update, or discontinue the Site at our discretion, at any time, without notice or liability.

13. Unauthorized Access

We reserve the right to take legal or technological measures to prevent unauthorized access to the Site, including IP mapping and contacting your Internet Service Provider (ISP).

14. Investrigations

We are not obligated to monitor the Site but reserve the right to investigate potential violations of this User Agreement and take appropriate action. This may include blocking users from the Site or reporting activities to law enforcement. We may disclose information as outlined in our Privacy Policy.

15. Termination

We may suspend or terminate your account at any time, for any reason, and without notice. If your account is terminated, you may be prevented from accessing the Site, your account, and Your Content. You may also terminate your account at any time by discontinuing the use of the Site. Even after termination, this User Agreement remains in effect, and we retain the right to use Your Content.

16. Intellectual Property

OhCut owns all intellectual property rights related to the Site, including its design, code, trademarks, and other proprietary content. You may not use or modify any OhCut content without express authorization.

17. Warranties, Disclaimers, and Limitations of Liability

The Site and all its content are provided on an “as-is” basis. OhCut makes no warranties or representations regarding the accuracy, completeness, or legality of the Site or its content. Your use of the Site is at your own risk. OhCut disclaims all liability for any loss or damage arising from your use of the Site. In no event shall OhCut’s total liability exceed $1.00 or the amount you paid to OhCut in the past 12 months.

18. Indemnity

You agree to indemnify and hold harmless OhCut, its affiliates, and their officers, directors, and employees from any claims, damages, or expenses arising from your use of the Site, violation of this User Agreement, or infringement of any intellectual property rights.

19. Third Parties

The Site may contain links to third-party websites. OhCut is not responsible for the availability or content of these sites, and your use of them is at your own risk.

20. Choice of Law and Venue

This User Agreement will be governed by the laws of the State of California. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Alameda County, California.

21. Mediation – arbitration

If a dispute arises, the parties agree to attempt mediation through the American Arbitration Association before pursuing arbitration or litigation. If mediation fails, disputes will be settled through arbitration administered by the American Arbitration Association.

22. Force Majeure

OhCut will not be liable for any failure to perform its obligations due to events beyond its control, such as natural disasters or national emergencies.

23. Miscellaneous

This User Agreement constitutes the entire agreement between you and OhCut regarding your use of the Site. Failure to enforce any provision does not constitute a waiver of that provision. If any part of the User Agreement is deemed unenforceable, the remaining provisions will remain in effect.