TERMS OF SERVICE

 

By registering with OddBodd.com , you agree to the following Terms of Service.

This Agreement provides the terms and conditions governing the use of OddBodd.com services. You agree to use your OddBodd.com account in a manner that is consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed herein.

This Agreement is between OddBodd.com (hereafter referred to as “the service provider”) and all its’ subscribers (hereafter referred to as “the client”). Unless the context requires otherwise, the service provider, and/or its’ assigns shall be referred to as "us”, “we”, or “our" and the client shall be referred to as "you”, “your” or “subscriber."

I understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

 

PRIVACY STATEMENT

The service provider will not rent, sell, access or in anyway use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.

Due to the nature of the technologies and Internet stability, the service provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. The client hereby acknowledges that changes in the nature of the services which may be offered under this Agreement which are beyond the control of the service provider and/or its’ assigns do not constitute grounds for full or partial refund of any advance fees paid.

 

SERVICES

Services to be Provided:
The service provider agrees to provide the client, directly, or through our subcontractors and affiliates, with internet advertising services as outlined in the website.

Service Fees:
By using OddBodd.com services, you agree to accept the fees you may incur as a result of using the service provider’s program, including but not limited to, fees for supplemental services or features, fines and purchases made through the use of the service provider. Subject to any applicable laws, fees and charges for OddBodd.com services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

This Agreement and the client’s use of OddBodd.com services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).  The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period.

The service provider will continue to renew automatically unless terminated by OddBodd.com or until the client notifies OddBodd.com of your intent to change your service renewal. For account cancellation instructions refer to the Cancellation Policy found in these Terms of Service.

 

METHOD OF PAYMENT

The client must provide a valid method of payment (credit card or other pre-arranged payment method) prior to and during any time the client receives OddBodd.com Services.  The Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period to ensure continuous presence on OddBodd.com, and will be automatically debited from the client’s credit card prior to that date unless other arrangements have been made.  Service fees for each Renewal Period will be invoiced thirty (10) days prior to the commencement of the Renewal Period.  The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options.

Accounts are considered in default if the payment is not received with three (3) days after the effective date of the Renewal Period.  The service provider may suspend or terminate use of the OddBodd.com services if the client fails to provide a valid designated payment method upon request, or if OddBodd.com is unable, for any reason, to bill charges to the client’s designated payment method.  If the payment is more than five (5) days past due, the client will be liable for any fees OddBodd.com incurs in its efforts to collect any unpaid balances.

Any billing problems or discrepancies must be brought to OddBodd.com's attention within thirty (30) days from the date the client is billed.  If you do not bring them to OddBodd.com's attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with OddBodd.com.  If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method please use the tools in your account section to cancel.

 

ACCEPTABLE USE POLICY

The client is solely responsible for the content of transmissions through the service. The service provider does however, reserve the right to take any action with respect to the service that it deems necessary, or appropriate, in OddBodd.com's sole discretion if it is deemed that the client’s transmissions or use of the Service may create liability for OddBodd.com.

The client’s use of the service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, trafficking of obscene material, anti-discrimination or false advertising). The client agrees: (1) to comply with all United States laws, rules and other regulations applicable in connection with the service; (2) not to use the service for illegal purposes; (3) not to use the service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) that illegal adult oriented websites featuring nudity and acts of a sexual nature are expressly prohibited; and (5) not to transmit through the service, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

All businesses listing on OddBodd.com are responsible for obtaining, displaying when necessary and maintaining any and all applicable licenses, insurance and required certifications.  It is not the responsibility of OddBodd.com to verify this information and requires that all businesses listing read and agree to these terms of service before registering.

 

Offensive Material

Businesses are NOT allowed to publish pornographic material of any kind on OddBodd.com even if the business you are promoting is adult natured.  Any business found to be publishing pornographic material, hate material, racist material, and any graphic material that could be considered offensive to the general public will have their account suspended until we have received notice that it has been removed.  Three such incidents will require us to immediately terminate your account with forfeiture of all monies paid and loss of any funds credited through referrals.  In other words, don't do what you know you are not supposed to do and we won't have to fine you!  We really don't want the added work!

 

Businesses / content NOT permitted on OddBodd.com:

Pornographic Websites (of ANY kind)

Extremist Organizations

Businesses for a mature audience (non-pornographic) may not show or link to pornographic material.

Replicated websites (website submittals must be unique businesses submitted by the owner or corporate entity)

Landing pages (pages that link to a list of other sites with nothing to sell or show related to the search) 

(Mature Audience In-Home Parties ARE allowed in the “Home Parties” section, however they are restricted to non sexually explicit pictures on the listing.)

 

False Advertising

The easiest way to explain what we consider false advertising is as follows:

One day you walk down to the local hardware store and right after walking in you find out it is actually a barber shop! Outside of the web this would not even be considered yet many businesses promote themselves on the internet as a competing industry or as a competitor.  This will not be allowed on OddBodd.com!  This is where we really differentiate ourselves from other websites that you can post on because we DO regulate the content!  This is to make sure that the businesses with good business ethics are found in the correct category and we  have several  systems in place that create ways for your business to be found.

Attempting to advertise anything other than a service or product that you can actually deliver or provide constitutes false advertising.  Any business listing caught will be warned and their account suspended until the false advertising is removed.  More than 5 repeated incidents will require us to immediately terminate your account with forfeiture of all monies paid and loss of any funds credited through referrals. In other words, don't do what you know you are not supposed to do and we won't have to fine you!  We really don't want the added work!

 

OddBodd.com will have a system of regulating the listings and to find the aforementioned offenders!

 

Network Marketing Businesses

We will adhere to a strict policy of using the OddBodd.com system and services to promote your product or service on your main BoddSite. OddBodd.com is a place where people can find products and services, just like a local directory, from the main search area.  You may enter information indicating the ability to join the organization as a business in the "Other Info" section of your BoddSite and we will have a business opportunity section in JobBodd to advertise for team members for your organization.  We will NOT allow videos explaining the business opportunity on your main BoddSite.  Failure to meet these terms can result in termination of your account with no refunds.  Network marketing reps can also use the VidBodd feature to showcase their products and services too.

 

TERMINATION

We may terminate or refuse to publish your account:

 

NO WARRANTIES

We make no warranties to the client of any kind, expressed or implied, with respect to the service oddbodd.com, its subcontractors and affiliates provide you. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose. We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. If notwithstanding this clause we are held liable to you.

 

TERMS

The client agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email from OddBodd.comand similar offers presented through the OddBodd.com system or via email.

If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

OddBodd.com constitutes that our Anti-Spam Policy is an inherent part of our Terms of Service.  As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy.

We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM.  We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf.  All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists (refer to OddBodd.com Anti-Spam Policy for additional terms regarding opt-in list requirements).

Any merchant reported to be or caught violating these terms of service will be immediately terminated as per OddBodd.com Anti-Spam Policy.

 

ASSIGNMENT

This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement. We may assign this Agreement at any time.

 

CHANGE OF TERMS AND CONDITIONS

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our service by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.

 

NOTIFICATION OF ACCOUNT CHANGES

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.

 

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

 

GENERAL PROVISIONS

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force. This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

 

REFUND POLICY

Refunds for billing errors will be processed within 30 days from time of notice.  Membership fees are billed for the month ahead and once charged indicate agreement to the following month of service.  You are notified of upcoming payments 10 days before it is due and you may cancel your membership with 7 days notice. 

Any client subscribing to our service on an annual package will have their credit cards charged the full amount of the service upon registering.

Due to the nature of the OddBodd.com program in that 1) we pay out up to 50% of each sale to non-profits and to other businesses and 2) we give every business the opportunity to get their investment returned through referrals, we do not give refunds on the initial registration fee. Any questions on this please email us at questions@oddbodd.com

 

AFFILIATE AGREEMENT

This Reseller Agreement (the "Agreement") contains the complete terms and conditions which govern your participation in the OddBodd.com affiliate program. OddBodd.com uses proprietary software to maintain the utmost security and efficiency.

Every member automatically has the ability to refer other members and has the option to earn points that are redeemable for a dollar value.  Once you start accruing points in your account, you can submit a payment request and have your funds transferred to a preferred account listed in the transfer section.

Non-profit organizations who have donated funds available can operate under the same terms.  If funds are over $10,000, a check will be written by an officer of OddBodd.com.

It is important that affiliates and licensees follow the guidelines for referring and registering businesses.

 

Enrollment In The Program

To enroll as a participant in the affiliate program, simply register as a bodder member or as a business member. You must not use or display any hypertext links provided to you by OddBodd.com in a manner that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of OddBodd.com.  To promote OddBodd.com, simply refer us to others with your screen name.  OddBodd.com is built on a person to person referral system rather than bulk emailings.

 

You must not use the link in any of these ways;

CANCELLATION POLICY

Members will be able to cancel future billing cycles from their back office area.  Questions concerning these terms, please contact us.