ACCEPTANCE OF TERMS THROUGH USE

We created the OTTR Site (referred to as the “Site”) for the convenience of our customers. By accessing the Site or other websites through links provided by OTTR, you agree to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use the Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by the OTTR Rules of User Conduct, including but not limited to, agreeing not to use this Site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found below.

PRIVACY

Please review our Privacy Policy, which also governs your visit to our Site to understand our practices.

THIRD-PARTY SITES

This Site may produce automated search results or otherwise link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of OTTR, and you acknowledge that OTTR is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by OTTR or any association with its operators.

Except for information, products, services or merchandise clearly identified as being supplied by OTTR, we do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Site or through the internet generally in any way.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by OTTR, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from OTTR is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of OTTR. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact: support@ottr.com.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED BY OTTR OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OTTR, ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. OTTR DOES NOT ASSUME ANY RESPONSIBILITY FOR THE LOSS OF ANY INFORMATION, DATA OR OTHER MATERIALS RESULTING FROM YOUR USE OF THE SITE. IN NO EVENT WILL OTTR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE USE OF THIS SITE.

YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OTTR, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR WHICH ARISE FROM SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF OTTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OTTR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of OTTR or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site (including text and “look and feel” attributes) is ©2017 OTTR and is the exclusive property of OTTR and protected by U.S. and international copyright laws. All software used on this Site is the property of OTTR or its software suppliers and protected by U.S. and international copyright laws. Any use of such content requires the written permission of OTTR. All rights reserved.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. OTTR and its affiliates reserve the right to refuse service, terminate accounts or remove or edit content in their sole discretion.

VIRUSES

Because of the marked increase in the fabrication and proliferation of computer viruses affecting the internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the internet. We are not responsible or liable for any damage caused by such hazards.

SECURITY AND EMAIL

Be aware that internet and email communications are inherently not confidential. It is possible that information transmitted to or from us may be read or obtained by other parties.

OTTR uses no encryption (data scrambling) on certain portions of the Site, and up to 128-bit encryption on other portions.

We welcome your email correspondence but if you need to send confidential information and are concerned about its security, then you should consider sending it by phone or by regular mail instead.

INDEMNIFICATION

Upon request by OTTR, you agree to defend, indemnify and hold harmless OTTR and its subsidiary and other affiliated companies, and any of our successors, assigns or licensees, together with any of their respective employees, contractors, officers and directors from all liabilities, claims, damages, losses, judgments, cost and expenses, including attorney’s fees, that arise from your use or misuse of this Site, or any breach or violation of these Terms of Use or any other term or condition contained on the Site. OTTR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with OTTR in asserting any available defenses.

CONTENT

Statements made in Sites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum users or forum hosts appearing on this Site are not authorized OTTR spokespersons, and their views do not necessarily reflect those of OTTR.

THIRD-PARTY RIGHTS

The provisions of the sections entitled Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit of OTTR and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

LICENSES AND IDEA SUBMISSIONS

You agree to grant to OTTR a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of OTTR (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against OTTR for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

INTERNATIONAL USE

OTTR makes no representation that materials on this Site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

LIMITED LICENSE

By this Agreement, OTTR grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use this Site in real time and to use the materials in this Site in a manner consistent with this Agreement.

ELECTRONIC MEANS

You and OTTR desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by OTTR and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.

INDEMNIFICATION AND FORCE MAJEURE

Neither OTTR nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless OTTR and its subsidiary, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers and directors thereof (the “Indemnitees”) for (1) any inaccuracy, error or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Site as well as any such inaccuracy, error, delay or omission, or (b) any non-performance or interruption of information due either to any negligent act or omission by the Indemnitees or to any “force majeure” (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Nebraska excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the state of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and OTTR with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and OTTR with respect to this Site. The Terms of Use may not be modified, in whole or in part, except as described elsewhere in the Terms of Use. Anything contained on the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. If any part of these Terms of Use is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to OTTR’s Designated Agent. All inquiries not relevant to the following procedure will not receive a response. For more information, contact: support@OTTR.com.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF TRADEMARK INFRINGEMENT OR REPORTING OTHER INAPPROPRIATE MATERIAL OR CONTENT

Notifications of claimed trademark infringement or reports of other inappropriate material or content should be sent to OTTR’s Designated Agent. For more information, contact: support@OTTR.com.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SITE

Any software that is made available to download from this server (“Software”) is the copyrighted work of OTTR and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OTTR CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE

IN NO EVENT SHALL OTTR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

AMENDMENTS AND UPDATES

Please note that we review our practices from time to time, and that such practices are subject to change. OTTR reserves the right to change these Terms of Use at any time by posting revisions on this Site. We ask that you periodically review this page to ensure familiarity with the most current version of our Terms of Use.

TERMINATION

OTTR reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

RULES OF USER CONDUCT

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:

  • discloses any protected health information (“PHI”) or other personally identifiable information;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates OTTR’s rules or policies;
  • victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
  • contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of OTTR.

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications.

You agree that your use of this Site will comply with all relevant laws, regulations and policies and practices of OTTR and your institution; including, but not limited to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d to 1320d-7 and all related regulations.

OTTR does not pre-screen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through this Site. However, OTTR and its agents have the right, at their sole discretion, to remove any content that, in OTTR’s judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable or inaccurate. OTTR is not responsible for any failure or delay in removing such content.