These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”), provided by O.T.T.R. Inc., LLC and its subsidiaries (“OTTR Inc” or “we”), including ottr-inc.com. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). For instance, your purchase and use of O.T.T.R. Inc., gift cards is subject to our gift card terms and conditions. To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Eligibility
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
Consumer Accounts
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
Terms of Sale
Availability and Pricing. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. Purchases are also subject to our price matching policy and sale items policy.
Taxes
You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes. Please refer to our tax policy for important sales and use tax information regarding tax you may owe directly on items shipped to Kentucky, Oklahoma, Vermont, and other jurisdictions.
Payment
Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
Shipping; Risk of Loss
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Returns. Please see our Return Policy for information about returning products purchased via our Services.
Errors
In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Limitation of Liability
O.T.T.R. Inc., will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if O.T.T.R. Inc., or the other O.T.T.R. Inc. entities, have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The total liability of the O.T.T.R. Inc., for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product. For all other claims arising out of or relating to these Terms or our Services, the total liability of O.T.T.R. Inc., is limited to $100.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the O.T.T.R. Inc., or for any other matters in which liability cannot be excluded or limited under applicable law.
Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.