Terms and Conditions

Notice
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE OTONETWORKS.COM WEBSITE, INCLUDING THE PAGES IN IT (THE “WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE WEBSITE.

Copyright © OTOnetworks, LLC, 2008. All rights Reserved.

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, and images, are owned, except as expressly stated, by OTOnetworks or its parent company, One to One Interactive, Inc. Except as otherwise stated therein, the works may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the written consent of OTOnetworks, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with the notice of OTOnetworks’ proprietary rights, provided that you may download the information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice that may be contained in the information that is downloaded.

Trademarks

“OTOnetworks” and “One to One to Interactive” are trademarks and service marks of One to One Interactive, Inc., all of which are used worldwide. Other featured words or symbols used, mainly to identify the source of goods or services, may be the trademarks of their respective owners.

Use of Information and Materials

The information and materials contained in the website, and the terms, conditions, and descriptions that appear in the website, are subject to change. Unauthorized use of OTOnetworks’ website and systems include, but are not limited to, unauthorized entry into OTOnetworks’ systems, the misuse of passwords, or the misuse of any information posted on a site, and they are all strictly prohibited. The user agrees that he/she will not engage in any activities related to the website that are contrary to pertinent law.

Professional Advice

The website is not intended to provide tax, lending, legal, or investment advice, and nothing on the website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation of any security, investment, or loan. You alone are solely responsible for determining whether any investment, loan, security, or strategy, or any other product or service, is appropriate or suitable for you based on your own investment objectives and personal and financial situation. You should consult an attorney, investment advisor, financial advisor, or tax professional regarding your specific legal, investment, financial, or tax situations, according to your situation.

Links

Links to websites controlled or offered by third parties (non-affiliates of OTOnetworks) are provided solely as pointers to information on topics that may be useful to the users of this website. OTOnetworks does not have control over the content on such websites. OTOnetworks makes no warranties, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does OTOnetworks warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such site or content is devoid of viruses or other contaminating factor. OTOnetworks does not guarantee the authenticity of documents on the Internet. Links to third party sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered on such sites, or any representation regarding the content on such sites.

No Warranty

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS. OTONETWORKS DOES NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. OTONETWORKS DISCLAIMS ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL OTONETWORKS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT COULD ARISE OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER OTONETWORKS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Submissions

All information submitted to OTOnetworks via the website shall be deemed and remain the property
of OTOnetworks, and OTOnetworks shall be allowed to use, for any purpose, any idea, concepts, know-how, or techniques contained in information a visitor to the website provides OTOnetworks through the website. OTOnetworks shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by OTOnetworks in its privacy policy, or as otherwise specifically agreed or required by law.

Availability

The website is not intended for the distribution to, or the use of, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Enforceability and Governing Law

In the event that any of the terms or provisions of these Terms and Conditions shall be held to be enforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable terms or provisions as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the website, and the terms of this disclaimer, are governed by the laws of the Commonwealth of Massachusetts.

Effective Date

These terms and conditions are effective January 31, 2007.