Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING ANY PART OF THE OTM WEBSITE 

  1. GENERAL TERMS AND CONDITIONS.
  2. The following terms and conditions (“Terms of Use“) govern your use of this website and the materials accessible on or from this website (collectively, the “Website“). Please read them carefully before accessing any part of the Website. Your access of the Website constitutes your agreement with and acknowledgement of these Terms of Use. If you do not agree with these Terms of Use, please do not access the Website.

  3. EFFECTIVE DATE AND UPDATES.
  4. OTM reserves the right to make changes to this Policy at any time, and will post any revised Policy on this page. OTM will not notify its Website visitors or customers of any such changes by e-mail or other personal contact. Please note that this Policy applies to all information collected online by OTM.

  5. NO REPRESENTATIONS AND WARRANTIES.
  6. Neither OTM Software Professionals, Inc., nor any of its subsidiaries or other affiliates (collectively, the “OTM“), makes any representation or warranty of any kind with respect to the materials and information contained on the Website. Your use of the Website is at your own risk. Although OTM attempts to provide accurate information, the Website is intended to be for general reference and informational purposes only. OTM assumes no responsibility for errors or omissions in the content of the Website, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Website shall be to discontinue accessing the Website and using the information or material obtained. You and OTM agree that OTM shall not be liable for any damages relating to your use of, or reliance upon, the Website or any of its content. When utilizing the Website please keep the following in mind:

    OTM Undertakes No Duty to Keep the Website Updated. Information, including availability is subject to change at any time. The Website may contain inaccurate, incomplete, or out-of-date information. Postings to the Website are made at such times as determined by OTM in its discretion. Users of the Website should not assume that the information contained on the Website has been updated or otherwise contains current information. OTM does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.

  7. NO OFFER TO SELL.
  8. No information or material on this Website is to be construed to be an offer or solicitation for sale. The information on this Website is provided for informational purposes only.

  9. NO TAX, INVESTMENT OR LEGAL ADVICE.
  10. The content and information presented on the Website is for informational and promotional purposes only and is not intended to offer specific tax, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules.

  11. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY.
  12. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE OTM SOFTWARE PROFESSIONALS, INC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF OTM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

  13. LINKS TO OTHER SITES.
  14. While on the Website, you may be referred to websites other than OTM’s Website. A link from the Website to such a third party website does not imply endorsement of that site nor any ability to control that site’s privacy practices. OTM has not reviewed or endorsed any third party website, and you hereby acknowledge and agree that OTM shall not be responsible for the content, products or services offered on such websites. Be aware that third party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third party websites.

  15. INTELLECTUAL PROPERTY.
  16. The information on the Website including, without limitation, all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by OTM and/or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without OTM’s prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. OTM’s trademarks, logos, images, and service marks used on the Website are the property of OTM and may not be used without the prior written consent of OTM and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.

  17. CHILDREN.
  18. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to the Website.

  19. GOVERNING LAW.
  20. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to the materials on the Website.

  21. SEVERABILITY.
  22. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.

Effective as of June 01, 2015