TERMS OF USE AND SERVICE

PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR THE OTTER APPLICATION OR ANY OTHER SOFTWARE PRODUCT OR UPDATE PROVIDED BY OTTER LLC.

1)Terms of Use

OTTER LLC, a Seattle Washington Limited Liability Company (the “Company,” “we,” “us”), provides this web site, its software application(s) and any site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Company and you, the Site visitor and/or member (“you”), with respect to your use of the Site. It is critical and your responsibility to insure that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site. We reserve the right at any time to:

Any changes we make will be effective automatically fourteen (14) days after posting such changes on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

1. Materials.

The information and materials provided through the Site, including any data from surveys or other sources, text, graphics, icons, software images, audio and video clips, logos, and links (collectively, the “Materials”), are intended to educate and inform you about the features related to any of the Site's products available now or in the future. Unless otherwise stated on the Site, you are allowed to download Materials shown on the Site, and you may use the downloaded Materials, solely for your internal needs. You may print a single copy of any textual Material available for downloading on the Site. You must comply with all copyright and other proprietary notices on downloaded and copied Materials that come from this site. These downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Company or its licensors or suppliers whichever is applicable. Use or downloading of any software or any Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By purchasing or in any way acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement. Furthermore you may not transmit, modify, distribute, or publicly display the Materials without the written consent of Company.

2. Registration.

If, at some point in the future, certain portions of the Site require you to be or become a Company member and when you register to become a member, you agree to (a) provide accurate, current and complete information about who you are as prompted by any registration form provided and accompanying terms of service and (b) provide updates to your information (including your email address) to keep it current and complete.

3. Code of Conduct.

While using the Site, Materials and/or Software, you agree not to:

4. Making purchases.

If you wish to purchase products or services described on the Site, you may be asked by the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Company in the manner described in our Privacy Policy (see Privacy Policy on our website at www.otterapp.com). You agree that any and all information that you provide to Company via such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You are responsible for paying any applicable taxes relating to your purchases in accordance with your local tax laws. These terms are in addition to any third party terms and do not in any way supersede or replace the primary terms you consent to with any third party provider you choose. Image descriptions or references to products or services on the Site do not imply the Company’s endorsement of such products or services. We reserve the right, without prior notification, to alter or amend references or descriptions, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Availability of products or services are subject to change without notice.

5. Information Provided by Company.

Although Company makes every attempt to provide Materials that are relevant, useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Please contact Company at info@otterapp.com or post to our blog at http://www.otterapp.com to determine whether you have the most recent version of the Materials made generally available by Company, although even the most recent version available from Company may not be up-to-date, accurate or complete.

Additionally, some portions of the Materials have been contributed to the Site by various industry specialists and service providers. The Company's decision to include such information does not indicate any approval or endorsement of such information sources, and Company expressly disclaims any and all liability implied or otherwise with respect to the foregoing. Company acts in good faith and hopes that the Materials will be helpful as background reference only, but they should not be construed as legal or as other professional advice on any subject matter or as a formal endorsement. Company attempts to comply with legal and ethical mandates known to the Company personnel who compiled this Site, but Company is not engaged in rendering legal or any other professional services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client or other professional services relationship. It is the Company's position that use of the Materials does not constitute a substitution for obtaining legal or other professional advice from a licensed provider in your jurisdiction. You agree that you will not act or refrain from acting based on any of the Materials without first pursuing the services of a competent professional.

6. Submissions and Postings.

Please be aware that, because we and our designees host message boards, surveys and other forums found on the Site (collectively, the “Forums”) and, therefore, redistribute materials you make available to us via email, phone or any other means, we require certain rights in said materials Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, you have granted us and our designees a worldwide, royalty-free, perpetual, non-exclusive, sub-licensable (through multiple tiers), assignable, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, make, have made, sell, publicly display, digitally perform, offer for sale and import such Submissions in any media now known or hereafter developed at any time in the future, for any purpose whatsoever, including commercial or otherwise, without compensation to the provider of the Submissions. We will not be liable for any use or disclosure of any Submissions and none of these Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part.

7. Links.

The Site contains links to other Internet web sites, including affiliated websites, which may or may not be owned or operated by the Company. While the Company makes every effort to be prudent regarding the content of the Site overall, the Company has not reviewed all of the web sites that are linked to the Site, and the Company maintains no control over such sites. Unless otherwise explicitly stated, Company is not responsible for the content of such websites, any updates or changes made to such sites, or the privacy or other practices of such sites. The fact that Company offers such links does not indicate any approval, endorsement, or agreement with any material contained on any linked site. Company is providing these links to you only for your convenience. Accordingly, we strongly encourage you to understand the terms of use and practices of any linked site. Further, it is completely and totally up to you to take whatever means you think appropriate to ensure that whatever links you select or software you download (whether from the Site or any other sites) is free of such items as viruses, defects, date bombs, worms, Trojan horses, time bombs and other potentially destructive items. 8. Forums. Our Forums including those found on or associated with http://www.otterapp.com including the Break the Habit blog or any future blogs are designed to provide educational and other material relating to distracted driving, driving and texting, texting at work, road safety organizations, and any other media source deemed as relevant by the Company. Some information on our Forums is provided by our staff. Some other contributors use anonymous screen names and are people not otherwise connected with the Company. You acknowledge and agree that large amounts of information is available in our Forums and that participants in such Forums have, on occasion, posted messages or make statements, whether intentionally or unintentionally, that are deceptive, inaccurate, or misleading. We are not responsible nor do we in any way endorse such messages or statements, or offer any opinion, advice, information or other utterance displayed or made on the Site or Forums by third parties, regardless of whether such third parties are visitors to the Site, members of the Company community or others. The opinions or viewpoints expressed in the Forums solely reflect the opinion(s) of the participants and may not reflect the opinion(s) of the Company. We are not responsible for any omission or errors, in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of this type of information. Under no circumstances or conditions that may arise in the future, will we or our suppliers or agents be liable for any damages or loss of any kind caused by your reliance on this type of information procured through the Site either directly or indirectly from a third party.

We are under no obligation to monitor the Site or the Forums, or any Submissions or other materials that you or other third parties transmit, in any way deliver to or post on the Site or the Forums. You understand, acknowledge and agree that while we are under no obligation to do so, we reserve the right to monitor the Site and the Forums and the materials you may transmit, in any way deliver to or post; to alter or remove any such materials (including any posting to a Forum without limitation); to disclose or in any way we see fit reveal such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to fully comply with any legal obligations or governmental requests.

9. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (also referred to as the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet might infringe on their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company violate or infringe your copyright, you (or an agent acting on your behalf) may send us a written request that the material be removed, or access to it blocked. The request must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work allegedly infringed (or a list of works, if multiple copyrighted works located on the Site are covered by a single notification); (c) identification of the claimed infringement, and provide reasonably ample information to allow the Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the party claiming the infringement; (e) a statement that the complaining party has in good faith found that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information contained in this notice is, under penalty of perjury, accurate and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed, exclusive right. If you come to believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to deliver the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices or counter notices regarding the Site should be sent to OTTER LLC, 816 NW 49th Street, Seattle, WA 98107, USA. We suggest that you pursue some form of legal advice before filing a notice or counter-notice. Please be aware that false claims can result in significant penalties.

10. Ownership and Restrictions on Use.

The Site is owned and operated solely by the Company, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of the Company and its licensors and suppliers. The Materials and the selection, assembly, collection, and arrangement thereof are protected by all applicable U.S. and international copyright, trademark and other laws, and you understand and acknowledge that these rights are enforceable. You may not in any form republish, reproduce, copy or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to support your pre authorized use of the Site, as provided in this Agreement or as expressly authorized and in conjunction with terms stipulated in writing by the Company. Changes or amendments to the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. Additionally, you acknowledge that you do not acquire any proprietary rights by using the Site or the Materials. If you download Software mentioned on the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you in any way. You own the medium (e.g. cell phone) on which the Software is recorded, but we retain all rights, title and interest in and to the Software, and all intellectual property rights therein. By downloading the Software you are in no way authorized to re-sell, recompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or in any way transfer the Software to any third party. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered, pending registration, or unregistered trademarks of the Company, the Company’s licensors and suppliers, and others. Any Trademarks owned by the Company now or in the future, whether registered, pending registration or unregistered, may not be used in connection with any product or service that is not the Company’s, in any form that is likely to cause confusion with customers, or in any manner that disparages the Company or potentially dilute brand equity built into said Trademarks. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark without the express written permission of the Company, the Company’s licensors or suppliers, or the third party owner of any such Trademark. Abuse of any Trademarks whether they be registered, pending registration or unregistered is prohibited, and the Company will aggressively enforce its intellectual property rights in such Trademarks, including but not limited to civil and criminal proceedings.

11. Access By Minors.

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (i.e. computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the web. It is up to you to determine which website fits your needs.

12. Jurisdictional Issues.

You hereby agree to use all software downloads from the Site (i.e. the OTTER application or any other software product produced by the Company) for purposes that are listed in this Terms of Use and Service document and ANY APPLICABLE LAW OR REGULATION. You agree to understand and comply with all applicable export controls, including but not limited to the United States Department of Commerce's Export Administration Regulations and sanctions as outlined and administered by the United States Treasury Department's Office of Foreign Assets Control. By using any software made available by the Company, you represent and warrant that you are in no way prohibited from receiving exports or services under the United States or any other applicable export laws. You further represent and agree to comply with all local regulation and laws regarding the download, installation and/or the use of any product of the Company including but not limited to its software download.

13. Rules for Sweepstakes, Contests and Games.

Any sweepstakes, contests or games that are now or may become accessible through the Site are governed by specific rules. By accessing or participating in such sweepstakes or contests or participating in such games you agree to be subject to those rules and regulations. We strongly urge you to read any and all applicable rules, which are linked from the particular activity, and to review our Privacy Policy (see Privacy Policy on our website at http://www.otterapp.com) which, in addition to this Agreement, governs any information you submit regarding such sweepstakes, contests and games.

14. Termination.

If you want to terminate these Terms, you may do so by ceasing your use of any product now or in the future downloaded from the Site. The Company may at any time, without cause terminate these terms with you. Such termination would include but not be limited to: (A) if the Company is required to do so by law; or (B) if you breached any provision of these Terms; or (C) if the Company decides to no longer provide the Application. If at any time these Terms terminate, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or accumulated over time while these terms have been in effect) or which are expressed to continue indefinitely, shall be unaffected by this cessation and all applicable provisions shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Disclaimers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You understand and agree that the Company shall not be liable to you or to any other person for any loss or damage caused by any interruption of the services, regardless of cause. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY ANY AND ALL APPLICABLE LAWS IN ANY JURISDICTION IN THE UNITED STATES OR IN ANY OTHER COUNTRY, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATION AS WELL AS THE APPLICATION ITSELF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, RECOMMENDATION OR STATEMENT (VERBAL OR WRITTEN) OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE APPLICATION AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AND COMPLETELY AT YOUR OWN RISK. While we attempt to ensure the integrity of the Site and its content, we make no guarantees as to the Site’s completeness or correctness. Should a situation arise in which the Site’s completeness or correctness is in question, please contact us at info@otterapp.com with, if possible, an accurate and clear description of the material to be checked and the known location where such material can be found on the Site, as well as your contact information (phone number and email at a minimum). We will try to address your concerns as soon as reasonably possible.

16. Limitation of Liability.

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. The above limitation or exclusion may not apply to you as some states do not allow the exclusion or limitation of incidental or consequential damages.

17. Indemnification.

You agree to indemnify and hold harmless the Company and its suppliers and affiliates, and their respective officers, directors, employees, agents, and contractors, from all claims, suits, injuries, liabilities, proceedings, damages, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms, the misuse of any product of OTTER LLC by you or any of your employees, contractors, agents, or family members, or any other claim arising from your negligence or otherwise culpable conduct.

18.Questions.

The Site is provided by OTTER LLC. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at OTTER LLC, 816 NW 49th Street, Seattle, Washington, 98107 or at info@otterapp.com.

19. Miscellaneous.

The Terms are governed by and will be viewed according to the laws of the State of Washington in any proceeding and/or legal process, without regard to any conflict of law provisions. Any claim or cause of action arising out of or relating to the Terms or use of any product of the Company may be brought only in the state or federal courts in the State of Washington, and in using any of the products of the Company including but not limited to software applications, you consent to jurisdiction of such courts for the purpose of litigating such actions. Each provision of these terms will be interpreted in such manner as to be effective and valid under applicable law whenever reasonably possible, but if any provision is deemed prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Terms.

PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND/OR THE OTTER APPLICATION OR ANY OTHER SOFTWARE PRODUCT OR UPDATE PROVIDED BY OTTER LLC.

2)Terms of Service:

OTTER LLC, a Seattle Washington Limited Liability Company (the “Company,” “we,” “us”), provides this web site, its software application(s) and any site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Company and you, the Site visitor and/or member (“you”), with respect to your use of the Site.

In order to use any product from the Site, as it relates to operating a moving vehicle in accordance with the local laws from your jurisdiction, including but not limited to the OTTER mobile device application, you must be 16 years of age or older and parents or guardians may not agree to these Terms on your behalf if you are under the age of 16. If you are older than 13 but under the age of 18, you may use any product from the Site including but not limited to the OTTER application, only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms on behalf of a child between the ages 14 and 18, you agree that you have assumed full responsibility for use of any product from the Site including but not limited to the OTTER application, by that child, including any financial charges that the child may incur using said products.

If your employer has entered into this agreement with us by, for example, downloading the Site's software onto an employer's phone or group of phones, thus making the Site available to its employees, the terms of this Agreement are still valid. Furthermore, it is the responsibility of the employer to direct its employees toward the Site (http://www.otterapp.com) should any employee wish to view the Terms of Service, Terms of Use or the Privacy Policy. Should there be a separate purchase agreement between the employer and the Company, nothing in these Terms of Service shall modify the terms of any existing separate written contract between the Company and your employer.

Should you disagree to be bound by the Agreement, you must remove the software from your Mobile Device and cease from using it immediately.

1. Limited License.

Subject to your compliance with the terms and conditions of this Agreement, OTTER LLC hereby grants to you a non-exclusive, non-transferable, revocable, limited license to download, install, and use a single copy of the software application from the Site on one mobile device for your personal, non-commercial use. Furthermore, you agree that the Company may stop, whether it be permanently or temporarily, providing any of the software or other products from the Site, or upgrades, patches, or similar to you or to users in general at the Company's sole discretion, without prior notice to you.

2. License Restrictions.

You will not (a) use the Software except as expressly permitted in this Agreement; (b) transfer the Site's products from your person or employer's Mobile Device to any other Mobile Device, including any other Mobile Device that you own, except as otherwise provided in this Agreement; (c) permit any third party use of the Site; (d) market, sell, rent, lease, disclose, distribute, sub-license or otherwise offer or transfer the Software (or any portion thereof); (e) make copies of the Site's products; (f) reverse engineer, disassemble, recompile or in any way attempt to derive the source code for the Site, or use the Site's products for any evaluation of the structure or design of the Site or any other form of competitive analysis, or permit any third party to do any of the foregoing; (g) modify or create any derivative works based on the Site; or (h) alter, remove or obscure any copyright, trademark, pending trademarks significations or other protective notices contained in or on any portion of the Site.

3. Description of Site products.

The Mobile Device application provides a number of functions intended, among other things, to reduce distractions from your mobile device while, for example, driving, working or studying. A more detailed description is available at http://www.otterapp.com. OTTER LLC reserves the right, at its sole discretion and without prior notice, to modify, amend, or discontinue any of the Site's products at any time. OTTER LLC reserves the right to provide announcements, advertising and/or promotions from OTTER LLC and/or third parties.

4. Driving disclaimer.

Driving under any condition presents risk and is an inherently dangerous activity that requires your full attention. Any use of a Mobile Device while driving, even use of such mobile devices while OTTER application or other Site products are running, diverts your attention from the road and could result in a serious accident. Finally, using any Mobile Device while driving, even use of such Mobile Devices while OTTER application or other Site products are running, may be illegal in certain jurisdictions. You are responsible for knowing the laws of the jurisdiction in the area you choose to be in under any circumstances, and for complying with such laws. You agree that any product from the Site you choose to use will be done so in a manner consistent with applicable federal, state and local laws, regulations and rules regarding use of Mobile Devices while operating a motor vehicle or other transportation vehicle. You hereby represent that you are familiar with the laws, regulations and rules in each location in which products from the Site are intended to be used.

5. Purchase Options.

All products from the Site are available through publicly accessible Mobile Device software related marketplaces. Understanding the terms, including but not limited to refund policies and payment options, is your sole responsibility. Access to these marketplaces via the Site does not constitute an endorsement or recommendation of said marketplace.

6. Ownership.

The Site's products are licensed, not sold. As between you and OTTER LLC, all rights, title and interest in and to said products and any copies of the foregoing, and all intellectual property rights related to all of the foregoing, will be owned by OTTER LLC.

7. Term.

The Agreement shall commence on the time you download any application or product from the Site onto a Mobile Device and shall remain effective until terminated in accordance with its terms.

8. Third Party Applications and Content.

The Site's products may or may not require certain other software provided by third parties, including but not limited to the device's, email and SMS programs. This Agreement applies solely to the Site's products and does not apply to any such third party software. OTTER LLC is not responsible for any functionality, content, suitability, privacy, or any other component of those applications or what they may require from you. All such third party software is licensed individually to you with separate agreements you may have entered into with their makers and/or vendors. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms of any applicable third party licensing agreements. Depending on your individual data and messaging plan, you may incur charges from your wireless service provider to use their networks and/or for specific services such as but not limited to making phone calls, sending or receiving text messages and/or emails, or other wireless data services. You are solely responsible for any and all costs you incur as a result of your usage of any of the Site's products or services. Furthermore, you agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of any Site's products, and that the reporting and payment of any such taxes are solely your responsibility.

9. Promotional Content.

OTTER LLC reserves the right at any time to incorporate promotional material into the Site's products including but not limited to downloads, patches and upgrades. Such promotional content may include but not limited to audio announcements, links, banner ads, pop ups, etc.

10. Disclaimer of Warranties.

ALL THE SITE'S PRODUCTS AND SERVICES IMPLIED OR OTHERWISE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. OTTER LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, OTTER LLC SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO SECURITY, SAFETY, PERFORMANCE OR RELIABILITY. YOU AGREE TO USE ANY AND ALL CURRENT AND FUTURE SITE PRODUCTS AT YOUR OWN RISK, AND THAT, WHETHER OR NOT THE SITE'S PRODUCTS WORK PROPERLY OR AT ALL, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL HARM AND DAMAGES TO YOU AND OTHERS INCURRED IN CONNECTION WITH ANY SITE PRODUCT WHILE DRIVING OR NOT DRIVING (INCLUDING WITHOUT LIMITATION FOR ALL PROPERTY DAMAGE, PERSONAL INJURIES AND DEATH). ANY OF THESE SOFTWARE DOWNLOADS PROVIDED BY THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, EMAIL, VOICE AND ELECTRONIC COMMUNICATIONS. OTTER LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

11. Limitation of Liability;

Exclusion of Damages. OTTER LLC'S LIABILITY FOR DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, STRICT LIABILITY, AND OTHER CONTRACT OR TORT CLAIMS) WILL IN NO EVENT EXCEED TWO HUNDRED U.S. DOLLARS (US$200). IN NO EVENT WILL OTTER LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF THIS AGREEMENT INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OTTER LLC WOULD NOT HAVE ENTERED INTO THIS AGREEMENT HAD THE PARTIES NOT ACKNOWLEDGED THAT THE LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.

12. Indemnity.

You agree to defend, indemnify and hold harmless OTTER LLC and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members from and against all claims, losses, costs and expenses (including attorneys fees and related legal costs) arising out of your use of, or actions in connection with the Site's products, or any other violation of this Agreement by you.

13. Updates.

Products that originate from the Company may occasionally communicate with the Company to check for any available updates to the Site's products, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing any Site product you agree that you have automatically requested said updates and shall receive any or all of these kinds of updates at our discretion.

14. Jurisdictional Issues.

All OTTER LLC products listed on the Site or otherwise are controlled and operated by OTTER LLC. from the United States, and is not intended to subject OTTER LLC to the laws or jurisdiction of any state, country or territory other than that of the United States. OTTER LLC does not represent or warrant any of the Site's products or any part thereof is appropriate or available for use in any particular jurisdiction. Whomever chooses to access our products does so of their own free will and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States and Canadian export controls and are responsible for any violations of such controls, including any United States or Canadian embargoes or other federal rules and regulations restricting exports.

15. Miscellaneous.

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any and all prior or coetaneous discussions, proposals and agreements between the parties related to the subject matter hereof. No amendment, alteration or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. You acknowledge that any violation or breech of this Agreement could cause irreversible damage to OTTER LLC for which financial reparations would be insufficient, and therefore you agree that, in addition to any other remedies provided by law, OTTER LLC will be entitled to seek injunctive relief against each and every such violation or breech of the Agreement. This Agreement will be governed by the laws of the State of Washington, without reference to its conflicts of laws provisions. This Agreement and the rights and obligations hereunder may not be assigned or delegated by you without the prior written consent of OTTER LLC and any purported assignment by you will be null and void. Subject to the foregoing, this Agreement will be binding upon and made ready to the benefit of the parties and their respective successors. In the event that any of the provisions of this Agreement will be held to be invalid or unenforceable, the remaining portions of the Agreement will remain completely enforceable and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reconstituted as needed to make such provision valid and enforceable.

16. Privacy Policy.

OTTER LLC's Privacy Policy is available at http://www.otterapp.com, (see Privacy Policy link - bottom of page) and is incorporated herein by reference.