1. ACCEPTANCE OF TERMS
Welcome to the Oterry.com website. Please read the following Terms of Service (TOS) Agreement carefully before using this website or using our services. Oterry.com reserves the right to change these terms at any time without notice to you. By using Oterry.com, you agree to the following TOS Agreement. If you do not agree to the terms of this Agreement, you may not use our website or other services.
2. DESCRIPTION OF SERVICE
Oterry.com currently provides users with access to a number of different resources to help you in comparison shopping for products. Oterry.com and the services, including any updates, features, and/or the addition of any new web properties, are subject to the TOS.
You acknowledge and agree that your use of the service is at your sole risk. The materials contained in this website are provided “as is”. Oterry.com expressly disclaims all warranties, conditions, and other terms of any kind, either express or implied, including but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. Oterry.com does not warrant or represent that the information contained on this website is accurate, reliable, or that the site will be free from errors or viruses. Oterry.com makes no warranty or representation that: (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, accurate, reliable, or that the website will be free from errors or viruses; (c) the quality of any products, services information, or other material purchased or obtained by you through the service will meet your expectations; (d) any errors in the software will be corrected. Under no circumstances shall Oterry.com or any other party involved in or connected to this website’s content, be liable to your or any other person for any direct, indirect, special, incidental or consequential damages arising from your use of this website. No information, obtained by you from Oterry.com through or from the service shall create any warranty or other obligation not expressly stated in the TOS.
4. LIABILITY LIMITATIONS
You acknowledge and agree that Oterry.com or its affiliates shall not be liable to you for any consequential damages, including without limitation any indirect, incidental, or damages for loss of profits, corruption, mis-delivery of data, or any other intangible losses (even if Oterry.com has been advised of the possibility of such damages), resulting from the use or inability to use the service. (Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above limitations and exclusions may not apply to you.) In no event shall Oterry.com or any other third party ever be liable arising out of inability to use, or performance of the information, products, services, and any materials available from Oterry.com or through its services.
5. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.
You agree to indemnify Oterry.com and its affiliates, partners, employees, and information providers harmless from any claims, losses, liability, or demands, including reasonable attorneys’ fees, made by any third party arising out of content you choose to transmit through Oterry.com; or of your use of or connection to Oterry.com; your violation of the TOS; or, your violation of any rights of another.
Oterry.com acts as a venue. In the event that you have a dispute with one or more (including, without limitation, any dispute between users regarding any transaction), you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors, and assigns), hereby agree to release, remise, and forever discharge Oterry.com and its services and each of their respective agents, officers, directors, information providers, service providers, employees, suppliers, predecessors, successors, attorneys, and all other related persons from, against any complaints, claims, obligations, demands, rights, actions, suits, causes of action, losses, indemnification obligations, liabilities, matters, cost, issues, and expenses of any kind or nature whatsoever, whether known or unknown, which arise from, relate to, or are connected with your use of the service.
Oterry.com reserves the right to suspend or terminate your use of the website. Oterry.com may choose to assume that you intended to terminate your account if you do not access it for more than 90 days. If you breach any provision of the TOS, you may no longer use the service. Oterry.com at any time and without notice may, in its sole discretion, suspend, change, or terminate, temporarily or permanently, the service for any reason whatsoever.
9. PROHIBITED CONDUCT
You must not use Oterry.com and its services for any illegal purpose that is unlawful or prohibited by these terms, conditions, and notices, or for the transmission of any material that is invasive of another’s privacy, abusive, threatening, harmful, vulgar, torturous, obscene, or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use Oterry.com and its services in any manner, directly or indirectly, that could damage, disable, or attempt to interfere with the proper working of the website, any account, communication or transaction being conducted on Oterry.com. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content without our prior expressed written permission. You may not conduct fraud, hide or attempt to hide your identity, impersonate any person or entity, including, but not limited to, a Oterry.com official, guide, leader, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of Oterry.com, send any unsolicited e-mail, or advertising to any known user or use the services for any use other than personal, non commercial purposes unless specifically approved in writing by Oterry.com.
You acknowledge that Oterry.com has no obligation to monitor the communication services. Oterry.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any materials that are available via the service that violates the TOS or are otherwise objectionable at any time, without notice, for any reason whatsoever.
10. INTELLECTUAL PROPERTY RIGHTS
The entire contents and design, including site design, text, graphics, interfaces, and the selection of arrangements of the Oterry.com website are protected under U.S. and international copyright laws, with all rights reserved, or is the property of Oterry.com, or third parties protected by intellectual property laws. Any use of content and/or software other than in accordance with this Agreement, including the reproduction, modification, distribution, transmission, republication, display, or performance, except as expressly authorized, of the content on this site is strictly prohibited.
We are not responsible for the content of any third party materials accessible through Oterry.com. If you believe that a merchant or other user has acted in connection with the website in a way that infringes your trademark or copyright, Oterry.com encourages you to resolve your dispute directly with the merchant or user. We do desire to respect all copyrights and other intellectual property rights and to respond accordingly when notified of the infringement of those rights. If you believe content on the Oterry.com infringes your copyright, you should send notice of copyright infringement to Oterry.com’s Copyright Agent. Your notice must provide the following information:
1. An identification of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Oterry.com website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you, the copyright owner, are authorized to act on the copyright owner’s behalf.
Oterry.com contains hyperlinks to other websites, third party websites that are provided solely as a convenience to you. Oterry.com has not reviewed all of the websites linked from the site and has no control over such sites and resources. You acknowledge and agree that Oterry.com is not responsible or liable for the availability of these outside resources or their contents, nor does Oterry.com endorse nor is Oterry.com responsible for any of the contents, advertising, products, or other materials on such sites. You further acknowledge and agree that Oterry.com shall not be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such sites or resources.
You agree that this TOS, including the rules referred to herein, comprises the entire agreement between you and Oterry.com, and govern your use of the service, superseding any prior agreements between you and Oterry.com. Neither you nor Oterry.com may assign or transfer any rights or obligations under this TOS without the prior written consent of the other party, except that Oterry.com shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.