Thank you for visiting Otteroo’s Website. The Terms and Conditions of use (“Terms”) are defined on this page. By visiting this site, you verify that you have read and accept all terms and conditions, some or all of which may be updated from time-to-time without prior notice.
These Terms and Conditions form a legally binding contract between you and us. By accessing our Sites, you affirm that you are at least 18 years of age and have read, understand, agree and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and other guidelines, policies and terms posted on the Sites, and you are able to abide and comply with these Terms.
OWNERSHIP OF COPYRIGHT, TRADEMARKS, PATENTS AND OTHER INTELLECTUAL PROPERTY
The content of this Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, images, music, sound, logos, and button icons. The selection, coordination, arrangement and enhancement of such content are protected by United States trademark and copyright laws (and if applicable, similar foreign laws).
Otteroo’s registered marks include, but are not limited to the name Otteroo. Other registered marks may be obtained throughout the normal course of business and may not be indicated here. Otteroo’s patents include, but are not limited to U.S. Patent No. D703285, 9,248,888, and 9,914,511. Other U.S. Patents pending.
Otteroo reserves all rights and by visiting this site, you agree not to copy, reproduce, download, disseminate, publish or transfer content in any form or by any means, except with our prior written permission. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Website. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Otteroo or any other person.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
At any time, without notice to you, and for any or no reason, Otteroo may modify or discontinue the Website. Otteroo shall in no way be held liable for any consequence which results from Otteroo’s decision to modify or discontinue providing the Website. Otteroo may prohibit you from using or accessing the Website for any or no reason, at any time, in its sole discretion, without notice to you.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users of our Sites have the opportunity to post certain content, such as comments on Otteroo’s Facebook, Instagram, or Twitter pages (“User Generated Content”). All User Generated Content must comply with the User Content Terms. The User Content Terms are a binding part of these Terms. Therefore, please ensure you read them carefully when viewing the Sites.
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You also acknowledge that your User Generated Content may not be returned and we may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and any of our parents, affiliates, licensees, licensors, and their respective officers, directors, employees, successors, agents and assigns, for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We attempt to be as accurate as possible. However, in our continued efforts of product development, product design and marketing, product detail specifications may vary from photography and descriptions. We do not guarantee that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Otteroo is not liable to anyone for incorrect information contained in this site. We reserve the right to change or suspend this site at any time without prior notice. No guarantees or warranties are implied by Otteroo or by the posting of this Website.
At any time, the Website may include links to the websites of third parties. Otteroo is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement, approval, or certification by Otteroo of the linked site or any content therein. Your use of these sites is strictly voluntary and your acceptance or reliance of it should only be undertaken after your review of its accuracy, completeness, efficacy and timeliness.
Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party website or service. If you choose to use these features, information you post or provide access to may be publicly displayed on the Sites or by the provider of the feature that you use. Similarly, if you post information on a third party platform that references Otteroo, your post may be published on our Sites in accordance with the terms of the third party website or service. Also, both Otteroo and the third party may have access to certain information about you and your use of the site and the third party site or service.
The failure of Otteroo to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term. Further, it shall not impact Otteroo’s ability to enforce any other provision in these Terms. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
OTTEROO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
OTTEROO DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND OTTEROO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO 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.
By visiting our site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms will be in the state and federal courts located in the County of San Francisco, California. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. Otteroo may revise these Terms at any time.
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites shall be subject to binding arbitration. All disputes between you and Otteroo of any kind and nature arising out of your use or enjoyment of the Sites shall be submitted to arbitration under the arbitration provisions set forth in the California Code of Civil Procedure and pursuant to California law, and shall be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
5 Third Street, Suite 503
San Francisco, CA 94103