The Website provides users with access to information and materials about Otter. These materials may include information related to certain products and services (“Products and Services“) offered by Otter. The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, with all information and material about Otter, Products and Services, shall be referred to as “Content“). The Website is intended for use only by users who are at least 18 years of age.
Intellectual Property Policy
The Otter Products logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website (including, but not limited to those listed on our Intellectual Property webpage), unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Otter Products, LLC (registered in the U.S. and other countries) (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Information, News and Press Releases
The Website may contain information, news, and/or press releases about Otter. Any of the material on the Website may be out of date at any given time, and Otter are under no obligation to update any such information, news, or press releases. Your reliance on information contained on the Website is at your own risk.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service and Content we provide on our Website without notice. The Website may be temporarily unavailable from time to time for maintenance and other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in the operation of the Website. We are not responsible for any technical malfunction or other problems of any network, server, service, or equipment resulting from or in connection with your use of the Website.
Links to Third Party Websites
The Website may contain links to websites published by other content providers. Also, at your request, the Website may connect to social networking websites that are not owned or controlled by Otter. These other website(s) are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such website or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked website, including but not limited to your access to and/or use of the same.
Your Provision of Personal information to us
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to refuse any and all current or future use of the Website or any portion thereof.
By uploading, posting, emailing, transmitting, or otherwise making available any content (content which may include but is not limited to text, videos, images, reviews etc) (the “User-Provided Content” or “User Content”), you represent and warrant that:
- All moral rights that you may have in such User Content have been voluntarily waived by you;
- You have not violated the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation; and
- You are at least 18 years old.
Further, you hereby represent and warrant that you shall not:
(a) Upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
(b) Upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(c) Upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Website;
(e) Upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(g) Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(h) Upload, post, email, transmit, or otherwise make available any User-Provided Content for which you were compensated or granted any consideration by any third party;
(i) Upload, post, email, transmit, or otherwise make available any User-Provided Content that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
(j) Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) Install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
(l) Interfere with or disrupt the operation of the Website or server networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(m) Attempt to gain or gain unauthorized access to the Website and/or any service, other accounts, computer systems or networks connected to Website, through hacking, password mining or any other means;
(n) Attempt to obtain or obtain any materials or information through any means not intentionally made available to you through the Website; or
(o) Collect or store information about other users of the Website.
Your Grant of Limited License
You hereby release, discharge and agree to hold Otter Products EMEA Unlimited Company, our affiliates, and any person acting on our behalf, harmless from any liability related in any way to Otter Products EMEA Unlimited and our affiliate’s use of your User Content.
Registration and Passwords
The Website may permit or require you to register or obtain a password prior to permitting access to certain content or services available through the Website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.
Disclaimer of Warranties
THE WEBSITE AND ALL MATERIALS, INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE WEBSITE AND ALL MATERIALS, INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Users relying on Content or other information from the Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant agreement between you and Otter for complete terms and conditions. Should you purchase a product or service from Otter or a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of the Website does not affect that purchase in any manner.
Choice of Law and Jurisdiction
You accept that most communications we have with you will be electronic, including by posting information on the Website and sending you emails, and that electronic communications will be considered to be in writing. We may give you notice at your postal or email address. You may give us notice by writing to us at the address set out below. Notice will be deemed received and properly served two business days after the sending of a letter.