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Welcome to our Web site. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this site. The term “hearotto.com”
or “us” or “we” or “our” refers to OTTO Engineering, Inc., the owner of the Web
site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of third parties.
3. Service Marks.
“Hearotto.com" and others are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may be trademarks of their
respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials retrieved
therefrom; (b) use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter developed), that
is offered for commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution mechanism; (c)
create compilations or derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property right
of us or any third parties; (e) remove, change or obscure any copyright notice or
other proprietary notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service bureau, the Internet
or any other technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i) use the Site for the
purpose of gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal law
regulating email, facsimile transmissions or telephone solicitations; and (k) export
or re-export the Site or any portion thereof, or any software available on or through
the Site, in violation of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web sites sample and actual
forms, checklists, business documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require different
or additional provisions to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be applicable
to a particular situation. Some Documents are public domain forms or available from
public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and
does not constitute legal advice, recommendations, mediation or counseling under
any circumstance and no attorney-client relationship is formed. We do not warrant
or guarantee the accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm and the Site
is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request by
us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible for the illegality or
any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete registration
information. Your registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it necessarily
reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c) your use
of the Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as confidential, and will not be
liable for any ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments on behalf
of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
You must review this Privacy Policy by clicking on this link.
22. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants
that (i) any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products or
services, as well as our intentions, plans and objectives (particularly with respect
to product and service offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends,"
"will" and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to the Copyright Agent at info@hearotto.com.
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will
refund you your purchase price within 30 days of you notifying us in writing of
your desire for the refund, together with the reason for the request, with the product
or service returned to us in substantially the same condition as when purchased.
You may request a refund by contacting us by email at helpme@ottoeng.com. You may
obtain any additional information concerning our refund and return policy, including
our mailing address, by contacting us at helpme@ottoeng.com.
29. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations, intellectual property,
and our services, shall be settled solely by binding arbitration in accordance with
the commercial arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be conducted
in Chicago, Illinois, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary
to protect the rights or property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees and costs incurred through
JAMS.
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