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Privacy Policy

Otter Therapies, LLC (“Otter” or “we”) is committed to respecting your privacy and takes seriously its task in providing appropriate protection and management of your information.  This Privacy Notice describes what types of information we may collect about you, how we collect it, how it is used, and your choices and rights regarding the information we collect about you when you interact with the Otter website (“Website”) or use our care coordination services through our OtterTM mobile application (the “App”) or the Website (collectively, the “Services”).  All references to the “App” in this Privacy Notice shall be construed to also include our Website (if applicable).

Please note, Otter only acts an administrator of technology solution that connects caregivers (“Caregiver”) of special needs children (“Child”) to medical providers, educators, therapists, and other members of their child’s care team (“Providers”) (“Caregivers” and “Providers” will collectively be referred to as “you”).   Otter does not provide any medical, behavioral, therapeutic, or education services, nor does it refer or recommend any particular Provider.

 

This Privacy Notice is between you and Otter and does not apply to information exchanged between Caregivers and Providers outside the Services, which is covered by each Provider’s applicable privacy policies.

1.      Information We Collect About You

Personal Information

We collect the following types of information that lets us know the specifics of who you are:

·        Contacting Otter: When you contact us through our “Contact” form on the Website or send us an email, we will collect your full name, email address and any other information you voluntarily provide us in the content of your message in order to respond to your communication.

·        Account Profile Information:  In order to use our Services, you will need to create a profile for your account through the App or.  Caregivers will need to provide their name, email address, phone number, occupation, and birth year. Providers will need to provide their name, email address, gender, birth year and optionally zip code.

·        Child’s Information: Caregivers may choose to use certain features of the Service that will allow them to provide, or authorize Providers to provide other personal information related to the Caregiver’s Child, such Provider contact information and information about the Child’s education, therapies, behavior plans, medications, treatments and other information Caregivers and Providers upload, provide, or create while using the App, including when such are provided through your use of your device’s camera and/or microphone, which you can control.

It is the Caregiver’s voluntary decision whether to provide Otter with any personal information or to provide, or authorize Providers to provide a Child’s Information through our Services.  However, if you as a Caregiver do not provide, or authorize Providers to provide, this information you may not be able to create a profile and/or your use of the Service may be limited.

Non-Personally Identifiable Information

When you access the App, we may also automatically collect technical information from you that does not by itself identify a particular person such as the type of computing or mobile device you use, the language of your device’s operating system, the Internet browser you are using, geo-location, and information about your use of our Website. If we combine this information with any personal information, the combined information will be treated as personal information for as long as it remains combined.

1.      Cookies and Tracking Technologies

Cookies: A cookie is a small piece of data that your internet browser places on your device so that it can be recognized when it returns in the future. We use cookies and similar technologies to secure our Website, remember your preferences, and personalize content for your future visits. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser.  If you turn off or refuse cookies, there may be some features of our Website that will not be available to you, and some portions of the Website may not display properly or be less personalized.

Google Analytics: In order to market to anonymous visitors, we use Google Analytics to support digital advertising using data collected from Website visitors as they anonymously browse the Website. We use the data from Google Analytics to ensure that our marketing is targeting the appropriate Website visitors. Website visitors may use the Ads Settings to opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by going to https://www.google.com/settings/ads. Google Analytics’ currently available opt outs are available at https://tools.google.com/dlpage/gaoptout/. Third-party vendors, including Google, may show our ads on sites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics Cookie) and third-party cookies (such as the Double Click cookie) together to inform, optimize, and serve ads based on your past visits to the Websites.

2.      Credit Card Information

When you subscribe to our Services, we use Stripe to process your credit card transactions. Stripe’s privacy policy will apply to the information you provide on the Stripe site. You must be 18 or older to authorize a purchase through the App.

3.      How We Use Information About You

Our primary goals in collecting information from and about you are to provide a customized experience on our network of sites, including personalization services, interactive communications, business transaction information, and other types of services.  Specifically, we use your information for the following purposes:

Provide You with Services You Request.  We may use your information to the purpose of enabling Caregivers and Providers to share information about a Child at the Caregiver’s instruction. For example, if you send a chat or share content with a Provider or Caregiver it can be viewed by that user. We may also communicate with you regarding our Services, including responding to your questions and concerns.  For example, we may need to use your contact information for customer support purposes.

Marketing Messages.  Communicate with you about additional Services that may be of interest to you, and other marketing communications.  For example, we may use your email address to communicate with you regarding information that may be of interest to you relating to Otter Services.  Please see the section entitled “Your Rights and Choices” for an explanation of your choices related to these communications.

Personalize Your Website and App Experience.  Provide you with the all features and functions of the Website and App, and provide all users a smooth, efficient, and personalized experience while using our Website and App.

Compliance Investigations.  We may use the information you provide during registration with us to monitor the proper usage of our Website, including detecting, investigating and preventing activities that may violate our policies or applicable laws.

Market Research.  We may use your information to improve our existing Services and the content of our Website, and research and develop new offerings. Unless otherwise specified and agreed to, most of these research and development activities will only use anonymous and aggregate data and not your personally identified information.  In circumstances in which your personally identified information will or may be used for research or development purposes, we will ask for your explicit consent to do so.

Cookies.  Perform activities described in the section entitled “Cookies.”

No Sale of Personal Information for California and Nevada Residents

Otter does not sell your personal information under California or Nevada law, which defines certain disclosures of personal data for monetary or valuable consideration as “sales.”

4.      How We Protect Your Information

We use reasonable, standard administrative, technical, and physical safeguards to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction.  We limit access of your personal information only to those employees or service providers that need to know the information in order to provide you with the Service you have requested. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.  We encrypt any personal information you transmit through the App both at rest in our database as well as in transit. The encryption process protects your information, by scrambling it before it is sent to our servers from you.

In order to help prevent unauthorized access to your account, you must protect your passwords appropriately and limit access to your account (for example, by signing off after you have finished accessing your account). You are solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use.

While we seek to protect your information to ensure that it is kept confidential, no method of Internet transmission is 100% secure and we cannot guarantee its absolute security.

5.      Confidentiality of Education Records and Health Information.

Certain Providers may be subject to laws and regulations governing the use and disclosure of education records and/or health information they create or receive, such as the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), (“FERPA”) and the regulations adopted thereunder, and applicable state laws. Otter only stores, processes, or transmits Health Information and Education Records at the direction of and on behalf of the Caregiver, not the Provider.  As such, Otter’s Services fall outside the direct regulation of many of these laws.  Otter recognizes the importance of safeguarding this sensitive information though and has voluntarily adopted many of the protections these laws require, including applying reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of information that may be subject to these regulations that is shared on the Otter platform. Moreover, Otter will only use a Child’s Information as directed by the Caregiver and will honor all use authorizations and revocations as early as possible, but no later than 72 hours.

6.      Sharing Your Information

Unless we expressly inform you otherwise or have your consent, we only share your information as follows:

·        With Providers: We will share your information with Providers at a Caregiver’s direction in order to provide the Service. Providers’ treatment of a Child’s information is subject to the Provider’s own policies and procedures. Any information that we collect and save from you will be kept private and secure, as required by law.

·        With Service Providers: We may use other companies to perform services on our behalf that support our Website, App or Services, such as processing credit card transactions, sending emails, hosting and maintenance, billing, customer relationship services, database storage and arrangement, and direct marketing campaign services. We share your information with these service providers only as necessary to perform these functions and provide such services, and only pursuant to appropriate confidentiality and security obligations, requiring such third-parties to maintain the privacy and security of your data.  

·        For Legal Compliance: We may share your information with third-parties in response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency or as otherwise required by applicable law.

·        To Investigate Misuse: We may share your information with third-parties when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing. We may also share your information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, such as to enforce our Website’s terms and conditions or other agreements or policies.

·        To Protect Otter’s Rights or Defenses: We may share your information with third-parties to establish or exercise our legal rights and/or to defend against legal claims. 

·        Corporate Transaction:  We may share your information with third-parties in connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy.

7.      Links to ThirdParty Websites

Our Website or Apps may contain links to thirdparty sites, over which we have no control.  Otter is not responsible for the content on, or information collected by, thirdparty websites that can be reached through links from our Website and your access to them is at your own risk.  When your leave our Website or App, we encourage you to read the privacy statements of any linked site or integrated service before disclosing any personal information on such site and/or through such service. This Privacy Notice applies solely to information collected by Otter’s Website and App.

8.      Children’s Privacy

Per our Terms of Services, Users much be at least 18 years old in order use Otter’s Services.  Neither Otter’s Website nor its Services is intended for use directly by children under the age of 18 and we do not knowingly collect information directly from children nor do we share such information with third parties.  If we become aware that a child has provided us with their own information, we will delete such information as quickly as possible.  If you believe that we might have collected any information from a child, please contact us at ottertherapies@gmail.com.

9.       Do Not Track

Your browser may allow you to set a “Do Not Track” preference. We currently do not respond to “Do Not Track” or similar signals.

10.   Your Choices and Rights

You have several choices regarding the use and disclosure of your information.

Information You Provide.  With respect to the collection of your information, if you do not want your information collected, please do not submit it to us. If you have already submitted information and would like to review, correct or remove it from our records, please contact us at ottertherapies@gmail.com.

Marketing Messages.  We may send you marketing communications, about our Services that may interest you.  You can opt out of our marketing communications at any time by selecting the “unsubscribe” link in the e-mail or contacting us at ottertherapies@gmail.com.  Please note that some non-marketing communications are not subject to general opt-out, such as communications relating to Services we are providing you or our Client, sales transactions, software updates and other support related information, patches and fixes.

Cookies.  If you wish to disable cookies, you can set your browser not to accept cookies as described in the section entitled “Cookies.”

*Rights for Nevada Residents: Under a Nevada privacy law (SB 220), certain Nevada residents may opt out of the sale of certain categories of PII.  As of the effective date of this Privacy Notice, we do not sell PII covered by that law.  However, if you are a Nevada resident who would like to opt-out of any future sale of your information in the unlikely event we change our practices, you may do so by contacting us at ottertherapies@gmail.com. Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact you if needed to verify your identity and the authenticity of the request.

11.   Visiting our Website from Outside the United States

We store and process personal information within the US. If you are visiting our Website from outside the United States, please be aware that your information will typically be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your personal information is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

12.   Changes to Our Privacy Notice

Otter may update its Privacy Notice from time to time to ensure it continues to reflect changes to Otter’s policies and practices with respect to how it collects, uses, processes or shares your information.  We will post those changes here and encourage you to check this page before proceeding to use our Website or App or using our Services. Any material changes will be communicated via notice on the Website or App.

13.   Questions or Feedback

If you have any questions or comments regarding our Privacy Notice and practice, please contact us at the following email address: ottertherapies@gmail.com or by using the contact details below:

Otter Therapies, LLC

Attn: Privacy Officer

3401 P St. NW

Washington DC 20007

Last modified: May 5, 2020

 

4810-7276-7675.1

Terms of Service

Otter Therapies, LLC (“Otter” “us,” or “we”) welcome you to use our care coordination services through our OtterTM mobile App (the “App”) or the Otter website (“Website”) (collectively, the “Services”).

Please note, in providing the Services, Otter  only acts an administrator of a technology solution that connects caregivers (“Caregiver”) of special needs children (“Child”) to medical providers, educators, therapists, and other members of their child’s care team (“Providers”) (“Caregivers” and “Providers” will collectively be referred to as “you”).   Otter does not provide any medical, behavioral, therapeutic, or education services, nor does it refer or recommend any particular Provider.

By downloading and using the App, and by requesting and /or receiving Services through the App and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Terms”). If you do not agree to all of these Terms, do not use the App or our Services. Otter may revise and update these Terms at any time. Your continued use of the App or our Services will mean you accept the revised Terms. All references to the “App” in these Terms shall be construed to also include our Website (if applicable).

1.      Otter’s App

Congratulations on downloading the App! We are excited to bring you the App, an innovative platform that permits Caregivers of special needs children to connect to Providers of their child’s care team to coordinate the care of their Child.

Otter’s App is a platform that facilitates communication between Caregivers and a Child’s Providers by transmitting to the information you provide to Otter to the Providers authorized by the Caregiver and the information the Providers provide to Otter to the Caregiver and other authorized Providers, including a Child’s personal, educational and medical information. 

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms. You are responsible for all equipment necessary to access the App.

2.      Your Privacy &   Obligation to Provide Accurate Information

In order to obtain our Services you must provide Otter with certain personal information about you and your Child and register for an account.

Please know that Otter respects your privacy. A complete statement of our current privacy policy can be found here (“Privacy Notice”). Our Privacy Notice is expressly incorporated into these Terms by this reference.

It is imperative that you provide accurate and truthful information during the registration process. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide to Otter, both during the registration process or anytime thereafter, is true and correct to the best of your knowledge. We reserve the right to refuse your registration or to cancel your use of the App and/or the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information.

You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in details to access the App and/or Services.

3.      User Conduct

You must be 18 years of age or older to use the App. By using the App you represent that you are at least 18 years of age. Caregivers must be the legal guardian of the Child.   By using the App, Caregivers represent that they have the legal authority to authorize that a Child’s information be provided through the App.  

We reserve the right to terminate your account if you misuse the App, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

·        Upload, post, or transmit content through the App that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

·        Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

·        Attempt to interfere with or disrupt our servers or networks;

·        Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

·        Stalk or otherwise harass another user of our Services or any of our employees, or any Provider;

·        Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these Terms;

·        Upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Otter shall have the right, but not the obligation, to monitor the App to determine compliance with these Terms and any other operating rules established by Otter and to satisfy any law, regulation or authorized government request.  Otter shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the App.

You agree that you will notify us immediately of any change in your eligibility to use the Services.  Additionally, you agree to notify us immediately of any known or suspected breach of security or unauthorized use of your registration with Otter.

4.      Providers

Caregivers are solely responsible for selecting, vetting, hiring or otherwise contracting with qualified Providers.  None of the Providers are employees of Otter. Otter does not recommend or endorse any specific tests, Providers, medications, products or procedures. You acknowledge that your reliance on any Provider’s care is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Otter is not responsible for any issues you may have with respect to a Provider’s professionalism, timeliness, treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by a Providers.

You understand and agree that Otter is not liable for any actions or inactions of any Provider.  Otter is not be liable for any professional advice from a Provider that is provided to you, even if the communication is facilitated by Otter.

5.      Charges; Credit Card Billing; Additional Purchases

Billing arrangements for services provided by your Providers are the responsibility of the Caregivers and the Providers.

When you subscribe to our Services through the App or Website, we use Stripe to process your credit card transactions. Payment carried out by Stripe is subject to its United States Stripe Services Agreement and the applicable Financial Services Terms, and to the extent you use a payment method that is subject to additional terms, the Payment Terms. By accepting these Terms, you are also accepting and agreeing to be bound by the foregoing.

You must be 18 or older to authorize a purchase through the App or Website.  You agree to pay the fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We do not retain credit card numbers for future orders and we never share any payment information with any third party, other than the credit card processing company. We will never ask for your credit card information via email or any online chat program. If someone contacts you asking for credit card information claiming to be from Otter, please contact us directly at ottertherapies@gmail.com to advise us of the circumstances.

6.      Cancellations

If you choose to cancel your account, all you have to do is email ottertherapies@gmail.com. Otter reserves the right, at its sole discretion, to reject users of its Services and App, to the extent permitted by law.

7.      Account Security

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer to share private matters through the Otter App so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by us, in accordance with applicable law.

8.      License and Limitations on Use

We grant to you a limited, personal, non-exclusive and non-transferable right and license to use the App. The App is for your personal and non-commercial use. The App, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the App (the “Proprietary Materials”) are the property of Otter or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Otter. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the App to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the App or the Services, you represent and warrant that any information you provide through the Otter App is true and accurate and that your use:

·        Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

·        Will not cause nuisance, annoyance, disruption, or inconvenience to any Otter representatives, or Providers;

·        Will not impair the proper operation of the network;

·        Will only be through access points or wireless data account (AP) which you are authorized to use; and

·        May incur standard messaging charges by your wireless provider.

9.      User Generated Content

The App enables users to upload, post and share information, images, text and other material related to their use of the Services (“User Generated Content”). By providing any User Generated Content to the Website, you hereby grant a limited, worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to Otter a to use, reproduce, distribute, prepare derivative works of, and display your User Generated Content in connection with the provision of the App and otherwise in connection with the provision of Otter’s business.

If we would like to publish your name, voice, likeness and other personal information that you provide in the course of using our services for advertising, marketing, publicity and promotional activities, we will ask you for your permission first.

10.   Intellectual Property

The contents of the App, the Website and the Services are protected by copyright, trademark and other intellectual property laws and, except as otherwise expressly set out in these Terms, may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of Otter.

“OTTER” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the App the trademarks of Otter. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

1.                a description of the copyrighted work that you believe has been infringed;

2.                a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our App; your address, telephone number, and email address;

3.                a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

4.                a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent either by email at ottertherapies@gmail.com.

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

11.   DISCLAIMERS OF WARRANTIES

YOU USE THE APP, THE SERVICES AND OUR WEBSITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APP, THE WEBSITE AND THE SERVICES, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY  CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A PROVIDER OR THROUGH OUR APP OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APP, OUR WEBSITE, ANY PROVIDER AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APP OR OUR SERVICES OR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY MEDICAL PRACTICE AND OTHER PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12.   LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PHYSICAL INJURY, LOSS OF LIFE, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APP, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APP, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APP OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE APP; OR (F) ANY OTHER MATTER RELATING TO THE APP, SERVICES OR THE WEBSITE. IN NO EVENT SHALL OTTER’S TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY  FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO OTTER IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, OTTER’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

13.   Indemnification

You agree to defend, indemnify, and to hold harmless Otter, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the App, Services or our Website or your inability to use the App, Services or our Website; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse of confidential or protected information, including personally identifiable information and Otter intellectual property. Your agreement to defend, to indemnify, and to hold Otter (and its officers and directors) harmless applies whether any claim against Otter is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the App, Services and/or our website caused damage to you or to any third party and/or your use and access to the App, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the App, Services and our website.

14.   Third-Party Web Sites, Products and Services

The App, Services and/or our Website may link to or promote websites, products and/or services from other companies, or offer you the ability to download software from other companies. You agree that Otter is not responsible for, and does not control, those websites or any third-party products or services. Otter encourages you and any minor for whom you are responsible to be aware of this when you leave the App or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third-party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.

15.   Governing Law

Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and Otter, without regard to conflict of law or choice of law rules. We make no representation that our Website and/or Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Website and/or use the Services you agree to do so subject to the laws of Massachusetts and the United States.

16.   Miscellaneous Terms

If any provision of these Terms are deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by Otter, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting these Terms, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

17.   Contacting Us

If you have any questions regarding these terms or wish to contact us for any matter, please contact us at the following email address: ottertherapies@gmail.com or by using the contact details below:

Otter Therapies, LLC

3401 P St. NW

Washington DC 20007

 

These Terms were last modified on May 5, 2020.

 

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