Terms & Conditions

What You Agree to When Using This Site

Welcome to Ottoinstrument.com, The Otto Instrument Service company website (the "Site")! These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Otto Instrument Service ("Otto") or its subsidiaries or affiliates for other products or services.

Special Note Regarding Networked Otto Sites

In an effort to make on-line information about Otto and business transactions with Otto efficient, Otto uses OttoInstrument.com as an entry into many networked web pages and websites operated by Otto and its subsidiaries and affiliates (together, the "Otto Sites"). Please note that individual Otto Sites may adopt terms of use particular to the purpose of the Otto Site or the transactions taking place on the Otto Site. For example, some of the Otto Sites affiliated with commercial transactions that you or your business may have with Otto, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreements which supplement or supercede these terms. If a Otto Site has imposed its own terms of use by posting on the Otto Site, separate agreement or otherwise, the provisions of those Otto Site terms shall control in the event of a conflict with these general terms of use for OttoInstrument.com. Except as supplemented or superceded as described herein, these general terms of use for OttoInstrument.com apply to the entire network of Otto Sites, and control your use thereof.

Otto reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Incorporated Policies or Terms

Privacy Policy

Otto believes strongly in protecting individual user privacy and providing you notice of Otto's collection and use data, including personally identifying information, collected from the Site. Therefore, Otto has adopted a Privacy Policy that you should review in order to fully understand how Otto collects and uses information.

Terms of Sale

Transactions with Otto Sites offering products or services for purchase may be subject to Terms of Sale required as a condition to completion of the transaction. These Terms of Sale may be posted on the Otto Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale, therefore you should review them carefully.

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Site License and Access

Otto grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Otto or any third party.

You may not use, frame or utilize framing techniques to enclose any Otto trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Otto's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Otto name, trademark, or product name without Otto's express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

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Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by Otto, Otto Management Company and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Otto or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Otto or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

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Third-Party Content

This Site may, from time to time, include discussion forums and interactive areas. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:

Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
Without Otto's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Otto takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Otto is only a forum and is not liable for any statements, representations, or Content provided by its users.

Enforcement

Otto has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Otto may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Otto reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Otto's systems and customers, or to ensure the integrity and operation of Otto's business and systems, Otto may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Otto's right to disclose any such information shall govern over any terms of Otto's Privacy Policy.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Otto from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

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Linking

Links to the Site

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Otto or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Otto logo or other proprietary graphic or trademark of Otto to link to this Site without the express written permission of Otto. This limited right may be revoked at any time.

Third-Party Links

Otto makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Otto and Otto is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Otto is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Otto of the site or any information contained therein. When leaving the Otto Site, you should be aware that Otto's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

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General Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Otto Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with a Otto Site or in a written agreement with Otto applicable to your particular use of a Otto Site, any submission of materials by you will be considered a contribution to Otto for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Otto, or postings on this Site, are non-confidential (subject to Otto's Privacy Policy) and shall become the sole property of Otto. Otto shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Otto, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

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Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. �� 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

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Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

Otto reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Otto.

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Limitation of Liability

IN NO EVENT SHALL OTTO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OTTO (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF OTTO'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID OTTO, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

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Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Bernardino County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

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Termination

Notwithstanding any of these terms and conditions, Otto reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

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Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

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