Terms of Service

1. 1. Agreement to Terms

   By clicking on “Sign Up” or one of “Sign up with Google”, “Sign up with Google” and “Sign up with Microsoft”, "Search", "Provide feedback" or "View full report" near which a prominent link to this “Terms of Service” and to the Otherweb Privacy Policy are displayed, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or create an account. If you are accessing and using the Services on behalf of a company, (such as your employer), or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. 2. Privacy Policy

   Please review our Privacy Policy available here, which also governs your use of the Services, for information on how we collect, use, and share your information.

3. 3. Changes to these Terms or the Services

   We may update the Terms or the Service from time to time in our sole discretion.
   (a) Changes to the Terms. If we update the Terms, we’ll let you know by posting the updated Terms on the Site, to the Extension and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
   (b) Changes to the Services. We are constantly developing new technologies to improve our Services. As part of this continual innovation, we sometimes add or remove features and functionalities, and increase or decrease limits to our Services. We may change or update the Services and anything described in them without notice to you. If the need arises, we may suspend access to the Services, or close them indefinitely.

4. 4. Who May Use the Services?

   You may use the Services only if you are 18 years or older, a resident of the United States, and capable of forming a binding contract with Otherweb, and not otherwise barred from using the Services under applicable law.

   We operate the software underlying and required for your use of the Services from the United States of America and it is possible that some downloads from the Services could be subject to government export controls or other restrictions. If you download anything from or use the Services, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the Services from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Services from or in locations outside of the United States, you do so on your own initiative and are responsible for:

   1. Ensuring that what you are doing in that country is legal;
   2. The consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services); and
   3. All access to the Services through your mobile device and for bringing these Terms of Service to the attention of all such persons.

5. 5. Feedback.

   We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it, for any reason, without any restriction or compensation to you and that you are waiving any claim against Otherweb and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

6. 6. Services Types and Fees.

   Otherweb currently offers two tiers of Services: Free Basic Tier Services and Premium Tier Services. Both Free Basic Tier Services and Premium Tier Services are referred to in these Terms as the Services. Free Basic Tier Services are currently offered by Otherweb free of charge. Premium Tier Services, which include a range of additional benefits, are available for a fee. Please click here to view the fee for Premium Tier Services and a description of the additional benefits.

7. 7. Your Data.

   1. Posting Content. Our Services may collect or allow users to submit, transmit or store information, data, content, and other materials. Anything, (other than Feedback), that you post or otherwise make available through the Services is referred to as “User Data”. Otherweb does not claim any ownership rights in any User Data, and nothing in these Terms will be deemed to restrict any rights that you may have to your User Data.
   2. Permissions to Your User Data. By making User Data available through the Services, you hereby grant to Otherweb a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, reproduce, modify, and distribute your User Data solely to host, operate, provide and improve the Services and other related product and services and otherwise as directed by you.
   3. Your Responsibility for User Data. You are solely responsible for all your User Data. You represent and warrant that you have, (and will at all times have), all rights that are necessary to grant us the license rights in your User Data under these Terms. You represent and warrant that (i) you have obtained and will obtain and continue to have all necessary rights, authority and licenses for the access to and use of the User Data (including any personal data provided) as contemplated by these Terms, and (ii) Otherweb’s use of the User Data in accordance with these Terms will not violate any applicable rules, laws or regulations or a third party’s intellectual property, publicity or privacy rights, or cause a breach of any agreement or obligations between Otherweb and any third party.
   4. Removal of User Data. You can remove your User Data by specifically deleting it. You should know that in certain instances, some of your User Data may not be completely removed, and copies of your User Data may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Data. Upon the earlier of termination or expiration of the Services or these Terms, we will promptly delete your data. You are responsible for backing up your User Data and ensuring you have a copy of any User Data you need before these Terms or Services expires or is terminated.
   5. Otherweb and Third Parties’ Intellectual Property. We may make available through the Services content or data that is subject to our or third parties’ intellectual property rights. We and our licensors retain all rights to that content or data.

8. 8. Rights and Terms for Extensions.

   1. Extension License. If you comply with these Terms, Otherweb grants to you, during the term of these Terms, a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Extension on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Extension solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Extension or the content and materials made available on the Extension; (ii) distribute, transfer, sublicense, lease, lend or rent the Extension to any third party; (iii) reverse engineer, decompile or disassemble the Extension (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Extension available to multiple users through any means.
   2. Additional Information: Google Extension Store. This Section 8(b) applies to any Extension that you acquire from the Google Extension Store or use on an iOS device. Google has no obligation to furnish any maintenance and support services with respect to the Extension. In the event of any failure of the Extension to conform to any applicable warranty, you may notify Google, and Google will refund the Extension purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Extension. Google is not responsible for addressing any claims by you or any third party relating to the Extension or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Extension fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the Extension infringe that third party’s intellectual property rights. Google and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Extension.

9. 9. General Prohibitions and Otherweb’s Enforcement Rights.

   You agree not to do any of the following:

   1. Post, upload, publish, submit or transmit any User Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
   2. Use the Services to store, transmit, upload or post any infringing, libelous or otherwise unlawful or tortious material or any data for which you do not have the necessary consents or rights to store, transmit, upload or post (as applicable) in connection with the Services;
   3. Use, display, mirror or frame the Services or any individual element within the Services, Otherweb’s name, any Otherweb trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Otherweb’s express written consent;
   4. (d) Access, tamper with, or use non-public areas of the Services, Otherweb’s computer systems, or the technical delivery systems of Otherweb’s providers;
   5. Attempt to probe, scan or test the vulnerability of any Otherweb system or network or breach any security or authentication measures;
   6. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Otherweb or any of Otherweb’s providers or any other third party (including another user) to protect the Services;
   7. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Otherweb or other generally available third-party web browsers;
   8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
   9. (i) Use any meta tags or other hidden text or metadata utilizing a Otherweb or an Otherweb trademark, logo URL or product name without Otherweb’s express written consent;
   10. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, including for competitive analysis or benchmarking purposes, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services;
   11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
   12. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
   13. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
   14. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
   15. Impersonate or misrepresent your affiliation with any person or entity;
   16. Violate any applicable law or regulation; or
   17. Encourage or enable any other individual to do any of the foregoing.

   Otherweb is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

   
   

   Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please carefully choose the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity. Despite this prohibition, other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this Site and the Services. We expect that you will use caution and common sense when using this Site and the Services.

   
   

   Commentary and other materials available on the Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Services, or by anyone who may be informed of any of its contents.

10. 10. DMCA/Copyright Policy.

    It is Otherweb’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Data or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Site are covered by a single notification, a representative list of such works;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Otherweb to locate the material;
    • Information reasonably sufficient to permit Otherweb to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    
    

    Otherweb’s designated Copyright Agent to receive notifications of claimed infringement is: Raymond Brenneman, Esq., Law Office of Raymond Brenneman, 1901 Avenue of the Stars, Suite 200, Los Angeles, CA 90067; email: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Otherweb customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

    
    

    If you are the owner or an agent thereof, of material that was removed from this Site or disabled after Otherweb received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Otherweb a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    
    

    If a counter-notice is received by the Copyright Agent, Otherweb may send a copy of the counter-notice to the original complaining party informing that person that Otherweb may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides Otherweb with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Otherweb’s sole discretion.

11. 11. Links to Third Party Websites or Resources.

    The Services, (including the Extension), may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

12. 12. Availability of the Services, Security & Accuracy

    We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

    Access to the Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Services under any other name or user or on any other mobile device.

    We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.

13. 13. Independence from Platforms

    The Services are independent of any platform on which they are located. The Services are not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

    Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.

    You and we acknowledge that these Terms of Service are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Service.

    You must comply with any applicable third party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).

14. 14. Disclaimer of Opinion

    Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or other users on the Services are those of the respective authors or producers and not of Otherweb, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall Otherweb, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.

15. 15. RSS Feeds

    For any article, you may not display more text than we provide in the RSS feed.

    
    

    All text from our RSS feed must displayed in the manner in which we provide the text. You may not edit, translate, or reformat the content that we provide. You must retain all links to the original Otherweb article on otherweb.com, as well as any other hyperlinks or notices in the feed.

    
    

    You must ensure that all excerpts link directly to otherweb.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.

    
    

    Any photographs or other images that you display must be low-resolution and in a size no greater than 60x60.

    
    

    You must retain in original form the attribution and by-line provided in the RSS feed, and must prominently credit Otherweb in connection with each RSS excerpt that you publish.

    
    

    Except for your own individual, personal use, you may not display our RSS feed on a mobile device, defined as any portable device using wireless technology to receive content, data, and/or other information (including within a mobile application or on a mobile website).

    
    

    You may not aggregate or otherwise use articles and/or excerpts from our RSS feed in a manner that could reasonably serve as a substitute for our original content or could otherwise diminish the value of the content of Otherweb. For instance, you may not publish a webpage that simply aggregates the RSS feeds of all Otherweb current events articles and sell advertising against that page.

    
    

    You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.

    
    

    You may not sell, lease, sublicense, redistribute or otherwise monetize our RSS feeds.

    
    

    You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.

    
    

    You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of Otherweb. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person's right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.

    
    

    You will promptly remove our RSS feeds upon our request and will not store or archive any of our feeds.

    
    

    We retain all ownership and other rights in the RSS content, and in any and all Otherweb logos and trademarks used in connection with the RSS feeds.

16. 16. Termination.

    We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 1, 2, 4, 5, ‎6 (only for payments due and owing to Otherweb prior to the termination), 7(b), 7(c), 7(e), 9, 10, 16, 17, 18, 19, 20, 21, and 23.

17. 17. Warranty Disclaimers.

    Reasonable efforts have been made to ensure the accuracy of information presented through the Services, but the accuracy of this information cannot be guaranteed. The Services, and any and all products or services promoted or sold via the Services are provided on an “as is” and “as available” basis. The use of the Services and any product or service discussed, promoted or sold via the Services is at your own risk. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

    TO THE FULLEST EXTENT PERMITTED BY LAW, OTHERWEB, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “OTHERWEB PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NONE OF THE OTHERWEB PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE SERVICES.

    THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NONE OF THE OTHERWEB PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THIS SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

    OTHERWEB DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THE SERVICES OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. 18. Indemnity.

    You will indemnify and hold Otherweb and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Data, or (c) your violation of these Terms.

19. 19. Limitation of Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OTHERWEB NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SERVICES OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES OR ANY WEB SITE TO WHICH THEY PROVIDE HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, ANY DELAY OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT OTHERWEB OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT OTHERWEB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OTHERWEB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO OTHERWEB FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OTHERWEB, AS APPLICABLE.
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OTHERWEB AND YOU.
    4. SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF TEXAS LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

20. 20. Governing Law and Forum Choice.

    1. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section ‎17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Otherweb are not required to arbitrate will be the state and federal courts located in the Travis County, and you and Otherweb each waive any objection to jurisdiction and venue in such courts.
    2. As stated in the Introduction, under Section 17 you and Otherweb are agreeing to submit any dispute to an arbitrator under the rules of the American Arbitration Association. The exceptions to that rule are claims that can be heard in small claims court and claims asking for an injunction. Note that if you win in arbitration, we may be required to pay your legal fees, but if we win, you don’t have to pay ours (unless the arbitrator believes your claim was frivolous). You and Otherweb are also each waiving the right to assert a class action. As always, we encourage you to reach out to us directly. We want you to have a great experience!

    3. 21. Dispute Resolution.

       1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Otherweb agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Otherweb are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
       2. Exceptions. As limited exceptions to Section ‎17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
       3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
       4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
       5. Injunctive and Declaratory Relief. Except as provided in Section ‎17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
       6. Class Action Waiver. YOU AND OTHERWEB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
       7. Severability. With the exception of any of the provisions in Section ‎17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

    4. 22. Compatibility; Performance.

       Use of the Services, including the Applications, requires a compatible device with supported software and internet access. You are responsible for paying all fees associated with the foregoing. Application performance can be affected by a variety of factors, such as your location, your device, and the availability and speed of your internet connection.

    5. 23. General Terms.

       1. Reservation of Rights. Otherweb and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
       2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Otherweb and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Otherweb and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Otherweb’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Otherweb may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
       3. Notices. Any notices or other communications provided by Otherweb under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
       4. Waiver of Rights. Otherweb’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Otherweb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    6. 24. Contact Information.

       If you have any questions about these Terms or the Services, please contact Otherweb at [email protected] or Otherweb, Inc., 551 South IH35 Frontage Road, Suite 300, Pflugerville, TX 78664.