Terms of Service

Last updated: November 21, 2022

Welcome to ODEA! These Terms of Use (“Terms”) are a contract between you and ODEA for members in the United States, (“ODEA” or “we”) and govern your access to and use of any ODEA website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through ODEA (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

  1. TERMS OF USE
    1. Acceptance of Terms. By accessing and/or using the Site in any manner, including but not limited to visiting or browsing the Site, you accept and agree to be bound by these Terms, as well as our Privacy Policy, which can be found at https://useodea.com/privacy-policy/ and is incorporated by reference as if fully set forth herein, just as if you had agreed to them in writing. If you do not agree to these Terms, do not use the Site.
    2. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT UNDER CERTAIN CIRCUMSTANCES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
    3. Eligibility. By using the Site, you represent and warrant that you are at least 13 years of age or older. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. The availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to ODEA or may terminate your subscription at any time based on these criteria.
    4. Amendment of Terms. ODEA may amend the Terms from time to time. You agree that you will review these Terms, which can be found at https://www.useodea.com/terms-and-conditions/, periodically. You may be required to click “accept” or “agree” to show your consent to an amended version of these Terms; otherwise, unless we provide a delayed effective date, all amendments will be effective upon posting of such amended Terms on the Site. You are free to decide whether or not to accept any amended version of the Terms, but your continued access to or use of the Site after an amendment becomes effective constitutes your consent to be bound by the Terms, as amended. Your use of the Site will be subject to the version of the Terms in effect at the time of use.
    5. Additional Terms. In addition to these Terms, when using particular plans, offers, promotions, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, promotion, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control

2. ODEA PLATFORM

    • ODEA Platform. ODEA is a subscription membership that enables ODEA members to requests specified tasks performed by Executive Assistant providers, that partner with ODEA (“Assistants”). Through the ODEA Site you can access Assistants who can perform tasks in cooperations with third party products and services. ODEA is not responsible for the preparation, safety, or quality of any products or services requested that are offered by third parties, or for verifying the accuracy of any descriptions or representations made by third parties regarding their products and services. ODEA is not responsible for the safety or accessibility of any Merchants’ premises, or for the compliance by Merchants of any applicable laws or regulations.
    • Membership Plans. ODEA offers a variety of Membership Plans. Not all plans are available in all markets. ODEA may also offer a number of other Membership Plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate, supplement, or otherwise amend our offered Membership Plans. It is the responsibility of the user to understand which plan they are on and the conditions and limitations of the plan. Some of our most popular plans are listed below. Not all plans are available in all markets or available to all customers.
      • Silver $300. ODEA offers a 3-Month plan for $300/Month (“Silver”). You may purchase the Silver Plan which includes a total of 15 Credits “Tasks” (“5 Tasks”) per 30-day period. All tasks have to be completed within 1 hour. If a requested task takes longer than 1 hour it will be charged as 2 tasks. Tasks on this plan can only be performed during the hours of 6AM and 6PM EST. The Silver Plan renews automatically at the end of the 90 day cycle or when the credits “tasks” are depleted, whichever comes first. Unused credits “tasks” do not roll over to the next cycle.
      • Gold $500. ODEA offers a 3-Month plan for $500/Month (“Gold”). You may purchase the Gold Plan which includes a total of 30 Credits “Tasks” (“10 Tasks”) per 30-day period. All tasks have to be completed within 1 hour. If a requested task takes longer than 1 hour it will be charged as 2 tasks. Tasks on this plan can only be performed during the hours of 6AM and 6PM EST. The Gold Plan renews automatically at the end of the 90 day cycle or when the credits “tasks” are depleted, whichever comes first. Unused credits “tasks” do not roll over to the next cycle.
      • Platinum $1,000. ODEA offers a 3-Month plan for $1,000/Month (“Platinum”). You may purchase the Platinum Plan which includes a total of 60 Credits “Tasks” (“20 Tasks”) per 30-day period. Tasks on this plan can be requested 24/7 but it is most helpful if they were pre-scheduled. All tasks have to be completed within 1 hour. If a requested task takes longer than 1 hour it will be charged as 2 tasks except for (luggage transport, rides to/from airports, and VIP Meet & Greets) The Platinum Plan also includes an assigned Account Manager “Executive Assistant” who will perform the requested tasks. The assigned EA can change based upon ODEA’s sole discretion. The Platinum Plan also includes a total of 3 Luggage Transport Requests performed by My Bag Check Inc., 3 Rides to and/or from area airports (EWR, JFK or LGA). 3  VIP Airport Meet & Greets (up to 3 hours of service) performed by Air General Inc.. The above services have to be requested at least 48 hours in advance. The Platinum Plan renews automatically at the end of the 90 day cycle or when the credits “tasks” are depleted, whichever comes first. Unused credits “tasks” do not roll over to the next cycle..
    1. Service Areas. We currently are only offering service in Manhattan, New York.
      • Service Address. We currently do not service outside the island of Manhattan except for tasks involving area airports (EWR, LGA and JFK). 
      • Service Execution Windows. ODEA and ODEA’s Executive Assistants will make every effort to execute your requested tasks in a timely manner. While we can perform your requested tasks in almost an instant it may be helpful to pre-schedule any complicated tasks. If your requested task cannot be completed because of our failure you will not lose a credit.
    2. Task Modifications. ODEA is unable to make any modifications or changes to a requested task if it is within 3 hours of the task start. 
    3. Reservation and Cancellation of Task. As a ODEA member you must reserve and cancel your requested task through the mobile SMS number you are assigned. It is a breach of your ODEA membership terms if you cancel, change, or request a task directly with an Executive Assistant.
    4. Trials. From time to time we may offer a trial membership that includes standard access to the Site during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 30 days 11:59PM EST. A one week trial ends on the seventh day of the trial. Unless we expressly communicate otherwise, trial memberships are only available to new members that have never had a ODEA account before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. If you are not a new ODEA member or have previously redeemed a ODEA trial, then your trial membership automatically will convert to a regular Silver Plan (or the equivalent) at the applicable price, and you will begin, and be charged for, your first Membership Cycle on that day. Unless otherwise specified, trial memberships will convert to Silver Plan (or the equivalent) at the applicable price, and you will begin, and be charged for, your first Membership Cycle on that day.  You may cancel your trial membership by emailing iam@useodea.com with “Cancel Trial” in the subject line. If you cancel your trial membership and are inadvertently enrolled automatically into, and charged for, a Membership Plan, please contact us by emailing iam@useodea.com. Members that cancel and do not convert to a regular membership may not request tasks taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period).
    5. Use of ODEA. Your ODEA membership is personal to you and not for the use or benefit of any third party, and you agree not to share your account with anyone else, or to create more than one account. Members  can request tasks on behalf third parties, excluding other ODEA members. ODEA may be used for commercial purposes but permission has to be explicitly requested prior by sending an email to iam@useodea.com with Subject Line “Commercial Use Request”. To use your ODEA membership you must have access cellular SMS service. We continually update and test various aspects of the ODEA platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
    6. In order to use certain features on the ODEA platform, you are required to have a mobile device. ODEA does not warrant that the Platform will be compatible or interoperable with your mobile device. The Platform requires and uses data access and text messaging capabilities. Carrier rates for data and text messaging may apply, and you are responsible for all of these charges.
    7. Savings. Many ODEA members save money by using ODEA. Savings amounts shown are based on the price the member paid per month and task requested. Savings may be understated for accounts that started prior to 11/1/2022.

3. BILLING

    • Membership Cycles.
      • 90-Day Plans.Your ODEA membership starts on the first day or 15th day of the month that you sign up for a Membership Plan and submit payment via a current, valid, accepted method of payment, which we may update from time to time (your “Payment Method”). Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-cycle or other type of commitment plan), your initial ODEA Membership Plan cycle (“Membership Cycle”), and any subsequent Membership Cycle, will end on the 90th day or upon use of all of allotted tasks, whichever comes first. Upon the end of each Membership Cycle, your membership will automatically renew for another Membership Cycle, and we will automatically, and without further authorization from you, bill your Payment Method for another Membership Cycle, unless and until your membership is cancelled or terminated. (For example, if you purchase a 90-Day Plan subscription on March 5, and you don’t use all of the tasks, your membership will automatically renew 90 days later on June 4.
      • Unused Tasks. Your ODEA Membership does not involve rollover credits. Allotted credits have to be used within a 30 day period. For example: Silver Membership w 5 Tasks have to be used within the 30 day period and cannot be rolled over.
    2. Billing. We use Stripe, a third-party payment processor, to bill your Payment Method for your Membership Plan. The processing of payments will be subject to Stripe’s own terms and conditions (which can be found at https://stripe.com/payment-terms/legal) and privacy policy (which, for US users, may be found at https://stripe.com/us/privacy, in addition to these Terms. ODEA exercises no authority or control over Stripe, and is not responsible for error by Stripe. By choosing to sign up for a ODEA Membership Plan, you authorize ODEA, through the Stripe, to charge your Payment Method any applicable fees and charges. ODEA reserves the right to correct any errors or mistakes that Stripe makes even if ODEA has already requested or received payment.
    3. Recurring Billing.By signing up for a ODEA membership, you acknowledge that your subscription has both an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.By starting your ODEA membership, you authorize us to charge your Payment Method (i) a one-time fee for your initial Membership Cycle, and, without further notice to you (ii) a recurring fee at the end of each successive Membership Cycle thereafter, at the then-current rate (which may change from time to time), unless and until you have timely cancelled your membership in accordance with Section 3(e) or changed your Payment Method. You acknowledge that the amount billed each cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges per Membership Cycle. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes, as further explained below. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). Your renewal date may change due to changes in your membership. We reserve the right to correct any billing errors or mistakes made by ODEA, and to charge you for any previous Membership Cycles or other fees incurred by you for which you were not already billed.
    4. Billing Holds. You may put your Membership Plan on hold (“Billing Hold”) at any time for up to ninety (90) days. For a Billing Hold to be effective for your next Membership Cycle, it must be received at least 7 days prior to the end of your then-current membership Cycle in a 90-Day Plan, before you request your final task. To establish a Billing Hold, email iam@useodea.com with “Billing Hold” in the subject line. While you are on a Billing Hold, you will not be charged, and your Membership Plan will automatically begin again with a new Membership Cycle commencing on the day that you end your Billing Hold.
    5. Cancellation. You may cancel your membership at any time. For a cancellation to be effective for your next Membership Cycle, it must be received at least 7 days prior to the end of your then-current Membership Cycle or before you request your final task. To cancel a membership, i) email iam@useodea.com with “Cancel Membership” in the subject line. Your Membership Plan will terminate at the end of that Membership Cycle (you cannot cancel a Membership Plan partway through a Membership Cycle), unless you cancel with fewer than 7 days remaining in a cycle in which case your Membership Plan will terminate at the end of the subsequent Membership Cycle. Following any cancellation, you will continue to have access to your subscription through the end of your current prepaid billing period.
    6. Reaffirmation of Authorization. Your non-cancellation or continued enrollment in a Membership Plan reaffirms that we are authorized to charge your Payment Method for that Membership Plan. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the Membership Plan.
    7. Membership Changes. You may change your current Membership Plan to a different Membership Plan by i) emailing iam@useodea.com with “Change Membership” in subject line. Requests to change your Membership Plan must be received at least 7 days prior to the end of your next Membership Cycle. Membership Plans can only be changed once per billing cycle.
    8. Payment Method. You may edit your Payment Method information by i) emailing iam@useodea.com with “Payment Method” in subject line (an ODEA representative will contact you back with further direction, please do not send credit card or bank account information to ODEA through email). If your Payment Method fails, ODEA will lock you out of your account and you must email iam@useodea.com. An ODEA representative will contact you to obtain and input your new Payment Method information. (Please do not send credit card or bank account information to ODEA through email.) If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not contact us with your Payment Method information or cancel your account in accordance with Section 3(e), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, and/or to charge another credit or debit card that remain listed on your account, if any, for any uncollected amounts. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
    9. Refunds. Generally, our fees (including the fee for your membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 2 days of your initial purchase or (ii) if your subscription is canceled prior to the end of a period for which you have incurred a charge, due to your disability or death. In each case we reserve the right to charge a fee to cover the cost of any tasks or other services you may have used prior to your cancelation. The current rates that will be charged are $50 USD per tasks (plus tax and fees) for any tasks requested. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
    10. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Membership Plan will take effect on your next Membership Cycle upon notice communicated through a posting on the ODEA Site or such other means as we may deem appropriate from time to time, such as email.

4. OTHER FEES

    1. Fees We Charge. Your ODEA membership fee covers your ability to request a task as explained above. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee or late cancellation fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional tasks, products or services through the Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.

5. TERMINATION OR MODIFICATION BY ODEA.

    1. Termination or Modification. You understand and agree that, at any time and without prior notice ODEA may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any tasks reserved, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify, alter, or introduce any aspect, feature or policy of the Site or your membership. This includes the right to terminate or modify any Membership Plan prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for tasks or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that ODEA will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
    2. Infringing or Fraudulent Activity. ODEA does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ODEA may have at law or in equity.

6. CERTAIN ELIGIBILITY CRITERIA; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS.

    1. Eligibility Criteria. As stated above, the availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to ODEA or may terminate your subscription at any time based on these criteria. The right to access the Site is revoked where these Terms are not in compliance with any laws, rules and regulations applicable to you or use of the Site is prohibited, or to the extent any offering, sale or provision in connection with the Site conflicts with any applicable law, rule or regulation.
      As stated above, the availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to ODEA or may terminate your subscription at any time based on these criteria. The right to access the Site is revoked where these Terms are not in compliance with any laws, rules and regulations applicable to you or use of the Site is prohibited, or to the extent any offering, sale or provision in connection with the Site conflicts with any applicable law, rule or regulation.
    2. Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. You agree that any payment method you provide may be used for the Subscribing Organization.
    3. Account Information. Account registration requires you to submit to ODEA certain personal information, such as your name, address, and mobile phone number. You are permitted to create only one account. You agree that the information you provide to ODEA at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and assigned SMS number and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account.

7. PRIVACY   

                 Your privacy is important to ODEA. ODEA’s Privacy Policy, which can be found at https://www.useodea.com/privacy-policy , is                    hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to                             ODEA’s collection, use, and disclosure of your personal information. Please see the Privacy Policy for more information.

 

8. PROHIBITED CONDUCT

You promise not to:

    1. Harass, threaten, or defraud users, members or staff of ODEA or Executive Assistants/Personal Assistants;
    2. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
    3. Impersonate another person or access another user’s account with or without that person’s permission;
    4. Share your ODEA account information (including but not limited to passwords) with any third party (including but not limited to other ODEA members) or encourage any other user to do so;
    5. Attempt to redeem any gift card, promotional plan, or promotion more than once or otherwise than as described;
    6. Cancel any ODEA request directly with an Executive Assistant, rather than through SMS Number;
    7. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
    8. Upload material (e.g. virus) that is damaging to computer systems or data of ODEA or users of the Site;
    9. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
    10. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

9. PROHIBITED USES As a condition of your use of the Site, you agree that you:

    • Will not use the Site for any purpose that is unlawful or prohibited by these Terms;
    • May not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
    • May not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
    • May not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
    • May not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
    • Will not modify the Site in any manner or form, nor use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site; and
    • Will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass any robot exclusion headers our Site may contain or any other measures we may use to prevent or restrict access to the Site.
  1. ODEA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  2. USER SUBMISSIONS OF REVIEWS.
    1. General. The Site provides certain features which enable you, us, and other users to submit, post, and share reviews and other content or materials. These submissions may include without limitation identification of places, tasks, and orders you have placed, text, graphic and pictorial works, or any other content submitted or ordered by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by ODEA. ODEA does not and cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not ODEA, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
    2. Right to Remove or Edit User Submissions. ODEA makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, ODEA complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see our “Digital Millennium Copyright Act Policy” in Section 11, below).
    3. License Grant by You to ODEA. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to ODEA, you hereby grant ODEA and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “ODEA Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and ODEA’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
    4. User Submissions Representations and Warranties. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that ODEA does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ODEA WITH RESPECT THERETO.
    5. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that ODEA does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ODEA WITH RESPECT THERETO.

Feedback. If you provide ODEA with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), ODEA shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant ODEA a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  1. 10. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY. ODEA has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, the text of which may be found athttp://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
    Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    • Identification of works or materials being infringed;
    • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
    • Contact information about the notifier including address, telephone number and, if available, e-mail address;
    • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
    • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  1. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at legal@ODEA.com or at:
    ODEA Legal Department, 69 Montgomery Street #3867, Jersey City, NJ 07303.
  2. OWNERSHIP; PROPRIETARY RIGHTS.The Site is owned and operated by My Bag Check Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by ODEA (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States, Canada, the United Kingdom, Australia, France, and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of My Bag Check Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to My Bag Check Inc., or its affiliates and/or third-party licensors. Except as expressly authorized by My Bag Check, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the Site Materials, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
  3. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.The Site may include links or access to, and/or integration with, other web sites or services (“Linked Sites”) solely as a convenience or additional service for users. ODEA does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, ODEA makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT ODEA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
  4. APPLE DEVICE AND APPLICATION TERMS.If you are accessing the Site via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store, the following shall apply:
    • Both you and Apple acknowledge that these Terms are concluded between you and ODEA only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application;
    • The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Site for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Site;
    • You will only use the application in connection with an Apple device that you own or control;
    • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
    • In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
    • You acknowledge and agree that ODEA, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application;
    • You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, ODEA, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    • Both you and ODEA acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    • Both you and ODEA acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
  1. NOTICE.Except as explicitly stated otherwise, legal notices will be served, with respect to ODEA, on ODEA national registered agent, and, with respect to you, to the email address you provide to ODEA during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such a case, notice will be deemed given three days after the date of mailing.
  2. DISCLAIMERS; NO WARRANTIES. OTHER NON-ODEA PRODUCTS AND SERVICES OFFERED VIA THE SITE, ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT ODEA. ODEA IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.
    THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ODEA, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    WITHOUT LIMITING THE FOREGOING, ODEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    CERTAIN STATE AND PROVINCE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  3. WAIVER AND RELEASE.You understand and acknowledge that ODEA is an on-demand service provider. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless ODEA, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your ODEA membership, including with respect to bodily injury, physical harm, illness, death or property damage.
    Section 1542 of the California Civil Code provides that:
    “A general release does not extend to claims which the party does not know or suspect to exist in his or her favor at the time of executing this release, which if known by him or her must have materially affected his settlement with the other party.”
    YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (or any statute of like effect in the jurisdiction in which you are located). This waiver extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
  4. 20.INDEMNIFICATION; HOLD HARMLESS.You agree to indemnify, defend, and hold ODEA, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
  5. LIMITATION OF LIABILITY AND DAMAGES.You agree to indemnify, defend, and hold ODEA, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
    ODEA’S LIABILITY TO YOU IS LIMITED TO $50 USD OR THE AMOUNTS, IF ANY, PAID BY YOU TO ODEA UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  6. 22.ARBITRATION AGREEMENT PLEASE READ THE FOLLOWING CAREFULLY:
    • Arbitration. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and ODEA. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

      Please read this Arbitration Agreement carefully. It provides that all disputes between you and ODEA shall be resolved by binding individual arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, className actions). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS ARBITRATION AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT AND ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
      For the purpose of this Arbitration Agreement, “ODEA” means ODEA and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents.
      You understand and agree that, by entering into this Arbitration Agreement, you and ODEA are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and ODEA might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including className actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES BETWEEN YOU AND ODEA (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH ODEA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND ODEA HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

    • Pre-Arbitration Dispute Resolution. For all Disputes, whether pursued in court or arbitration, you must first give ODEA an opportunity to resolve the Dispute. You must commence this process by mailing written notification to ODEA, Legal Department, 69 Montgomery Street #3867 Jersey City, NJ 07303. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If ODEA does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
    • Exclusions From Arbitration And Your Right To Opt Out. Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Arbitration Agreement by mailing written notification to ODEA, Legal Department, 69 Montgomery Street #3867 Jersey City, NJ 07303. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with ODEA through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with ODEA. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
    • Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or ODEA may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a className arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will className action procedures or rules apply to the arbitration. Because your contract with ODEA, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
    • Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    • Location of Arbitration. You may initiate arbitration in either New York, New York, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that ODEA initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
    • Payment of Arbitration Fees and Costs. ODEA will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ODEA as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from ODEA your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
    • Severability. If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.
    • Continuation. This Arbitration Agreement shall survive the termination of your contract with ODEA and your use of the ODEA Site and services.
  1. MISCELLANEOUS
    • Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ODEA must be resolved by a court located in New York, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.
    • Assignment. We may assign, transfer, delegate, or sublicense our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. You may not assign, transfer, delegate, or sublicense your rights and obligations under these Terms.
    • Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions or limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
    • Force Majeure. ODEA shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    • Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
    • Entire Agreement. These Terms, the Privacy Policy, the Arbitration Agreement, and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and ODEA relating to the subject matter herein.
    • Claims; Statute of Limitations. YOU AND ODEA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    • Disclosures. The services hereunder are offered by ODEA, Inc., located at: ODEA, Legal Department, 69 Montgomery Street #3867 Jersey City, NJ 07303 and email:iam@useodea.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
    • Waiver. No waiver of any of these Terms by ODEA is binding unless authorized in writing by an executive officer of ODEA. In the event that ODEA waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of ODEA to enforce the same at a later time.