At Otter Products, LLC (DBA OtterBox) the security of your personal and financial information is extremely important to us. We insure confidentiality and security in our online shopping experience in the following ways:
- Personal information, including your credit card number, is encrypted and sent only over secure Internet lines. While using Secure Socket Layer (SSL) technology, your Microsoft Internet Explorer or Firefox browser will let you know when the line is secure. Internet Explorer and Firefox use a "lock" icon for their browsers. These "locks" will appear on the browser when using a secure line. On both browsers the "http:" pre-fix will read "https:" when accessing a secure server. If these indicators are present, you can be confident of a secure data transaction.
- We do not store your complete credit card information on our internal web server. Once you place your order, we send the order to our main order processing system using a private network. If you choose to have us safely store your credit card number for future ordering convenience, we will only store partial information. If you choose not to store your credit card information with us, it will be deleted entirely from our web records once your order is completed.
- We take your financial security seriously and are confident that we have made shopping on our website safe for all customers. We employ various firewalls and other security tactics to keep your information secure.
While there is some risk inherent in every Internet transaction, you can rest assured that we are working overtime to ensure that risk is minimal.
If you are still unsure about the security of your information or if you use a browser that does not support SSL technology, please call us toll free with your information at 855-688-7269
Please do not use email to send us your financial information; email is not a secure channel.
Please read this End User License Agreement carefully before downloading, installing, or using the iON INTELLIGENCE software application. By downloading, installing, or using the iON Intelligence Software Application (“Application”), you acknowledge that you have read and understand this End User License Agreement (“Agreement”) between you and Otter Products, LLC (“we,” “our,” or “us”), and that you agree to be bound by its terms and conditions.
We reserve the right to modify this Agreement at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Agreement at www.otterbox.com/policies/policies,default,pg.html. Your continued use of the Application after such notice shall be deemed to constitute acceptance of such modifications.
INTELLECTUAL PROPERTY POLICY
The OtterBox Intellectual Property Policy (“IP Policy”), which governs the use of OtterBox copyrights, trademarks, and patents, including the content on the Application, forms part of this Agreement and is incorporated herein by this reference. By accepting this Agreement you agree to be bound by the IP Policy.
Click here to view the IP Policy.
LICENSE; SCOPE OF USE
Subject to the terms and conditions of this Agreement, we grant you, for the period during which the Application is installed lawfully on your device, a limited, personal, royalty-free, fully paid-up, non-transferable, non-exclusive, revocable license to view, use, and download a single copy of the Application for your informational, personal, non-commercial use (the “License”) on any device that you own or control and as permitted by any usage rules set forth by the manufacturer of that device and any third party authorized by us to distribute the Application from which you directly receive your copy of the Application (“Usage Rules”). The License does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted, if at all, by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights or the rights of our licensors. You may not use this Application for any purpose (a) which would be contrary to our business interest, or (b) to our actual or potential economic disadvantage in any respect, including using the Application to develop a competing application. We reserve all rights not specifically and expressly granted under the License.
The Application is licensed, not sold. The License confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application. We may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any features of the Application, at any time and in our sole discretion.
COMPLIANCE WITH LAWS
You agree to comply with all laws, rules, and regulations applicable to your use of the Application. In addition, you represent and warrant that (i) you are not located in a country that is subject to an applicable government embargo, or that has been designated by an applicable government as a “terrorist supporting” country, and (ii) you are not listed on any applicable government list of prohibited or restricted parties.
LINKS TO THIRD PARTY WEBSITES
The Application may contain links to websites or other applications published by other content providers. Also, at your request, the Application may connect to social networking websites that are not owned or controlled by us. These other websites or applications are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or applications or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or application or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
YOUR PROVISION OF PERSONAL INFORMATION TO US
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Application and refuse any and all current or future use of the Application or any portion thereof.
USER-PROVIDED CONTENT ON THE APPLICATION
You understand that all information, data, or other materials that you or another user provide in connection with the Application or otherwise communicate to us ("User-Provided Content") are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Application. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Application, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Application.
In connection with your use of the Application, you agree not to:
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or harms minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Application;
- upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses 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;
- install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
- interfere with or disrupt the operation of the Application or server networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application; or
- collect or store information about other users of the Application.
YOUR GRANT OF LIMITED LICENSE
REGISTRATION AND PASSWORDS
The Application may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Application. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.
DISCLAIMER OF WARRANTIES
THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless us, our affiliates, and our respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Application, your violation of this Agreement, or your violation of any third party rights.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Colorado without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Application must be resolved in the state or federal courts situated in the State of Colorado. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. Because some jurisdictions do not permit the choice of law and jurisdiction, these requirements may not apply to you.
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys' fees and costs.
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of this Agreement.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Application, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.
RELATIONSHIP TO APPLICATION DISTRIBUTOR
This Agreement is between you and Otter Products, LLC, and not with any third party authorized by us to distribute the Application from which you directly receive your copy of the Application (the “Distributor”). We, not the Distributor, are solely responsible for the Application and the content thereof.
To the extent we choose, in our sole discretion, to provide any maintenance or support services with respect to the Application, we and/or our authorized service providers will be solely responsible for the same. The Distributor has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty not hereby disclaimed, you may notify the Distributor, and the Distributor may refund the purchase price of the Application to you in accordance with the Distributor’s policies and procedures. To the maximum extent permitted by applicable law, the Distributor will have no other warranty obligation whatsoever with respect to the Application.
To the extent that you make any claim with regard to the Application or your use of the Application, such claim shall be made against us and not against the Distributor.
Without limiting the “Disclaimer of Warranties” or “Limitation of Liability” provisions in this Agreement, in the event any third party claims that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, you or we, not the Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
The Distributor, and the Distributor’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, the Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
If you have any questions about this Agreement, you can contact us at email@example.com. In addition, our mailing address is 209 South Meldrum Street, Fort Collins, CO 80521.
This Agreement was last updated on January 1, 2013.
Otter Products, LLC, a Colorado limited liability company, and home to the OtterBox® brand (“OtterBox”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all OtterBox products, except as designated by OtterBox from time to time in writing or as posted on a website (“Covered Products”). OtterBox’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. OtterBox intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy. OtterBox may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:
- The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current OtterBox price list as issued by OtterBox from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 10% of that MSRP. Current price lists may be obtained by contacting an OtterBox sales representative. The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by OtterBox. Changes to the MAPs will be posted on the OtterBox website designated by OtterBox and will supersede the MAPs on the price lists. It is the responsibility of distributors of OtterBox Covered Products to monitor the designated OtterBox website for updates.
- This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which the MAP Policy applies are set forth in the linked MAP Policy FAQs.
- OtterBox considers any price advertised below the MAP a violation of its MAP Policy. For example, if a product with a MSRP of $49.95 is advertised at or below $44.95, this is a violation of the MAP Policy.
- Advertising two or more Covered Products (i.e. two OtterBox products that are covered by this MAP Policy) for sale together (“OtterBox Product Bundle”) at a price less than the combined MAPs for each Covered Product is a violation of this MAP Policy. OtterBox reserves the right to issue MAP Policy modifications that apply specifically to OtterBox Product Bundles.
For example, if an OtterBox Product Bundle includes one Covered Product with a MSRP of $49.95 and a second Covered Product with a MSRP of $17.95, any advertisement at or above $61.11 (the combined MSRP of the Covered Products, or $67.90, minus 10% of that combined MSRP) would comply with this MAP Policy. If OtterBox issued a $10 MSRP reduction for this same OtterBox Product Bundle, any advertisement at or above $52.11 would be in compliance; provided, however, that if the products were sold separately, the MAPs for the individual Covered Products would remain at $44.95 (MSRP of $49.95 minus 10%) and $16.15 (MSRP of $17.95 minus 10%), respectively.
- Advertisements featuring a Covered Product, and either (a) another brand of product or (b) an OtterBox product that is not a Covered Product will comply with this MAP Policy so long as the price in the advertisement is not lower than the Covered Product’s MAP. In determining whether the advertisement contains a price in compliance with this MAP Policy, OtterBox will assess whether a reasonable viewer of the ad will, looking within the four corners of the advertisement, conclude that the ad is stating a price for the Covered Product below the MAP.
For example, if a dealer advertises a Covered Product at the MAP, and provides a free non-OtterBox branded screen protector, the advertisement complies with this MAP Policy. If, however, the advertisement shows the Covered Product at the MSRP and the screen protector at the store’s normal retail price, and then shows a “15% off” of the package, the advertisement violates this MAP Policy. As another example, assume the dealer advertises a Covered Product and a non-OtterBox branded stylus as “Originally $59.95, now reduced to $44.50.” If the Covered Product has a MAP of $44.95 or higher, then the advertisement violates this MAP Policy because even if the stylus is priced at zero, the net advertised price of the Covered Product is lower than the MAP. In no event may the packaged price of a Covered Product, and either a non-OtterBox product or a non-Covered Product, be more than 10% below the MSRP of the Covered Product.
- The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The dealer is free to resell Covered Products at any price of its choice.
- OtterBox reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. OtterBox will provide notice of any such modifications, suspension or cancellations on the designated OtterBox website. It is the responsibility of each member of OtterBox’s distribution network to monitor the OtterBox designated website for updates.
- If a dealer advertises prices below those required by this MAP Policy, OtterBox shall take appropriate action to enforce this MAP Policy, including but not limited to one or more of the following actions:
- Notify the dealer of the non-compliant advertisement with a reminder of OtterBox’s MAP Policy on Covered Products.
- Suspend the dealer’s right to sell the OtterBox Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from OtterBox;
- Suspend the dealer’s right to sell the entire OtterBox series designation in question (e.g., Defender Series, or Commuter Series, etc.) for a period time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from OtterBox;
- Suspend the dealer’s right to sell the entire OtterBox product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from OtterBox;
- Suspend the dealer’s right to sell the entire OtterBox product portfolio for a period of not less than one (1) year, commencing from the date of notice from OtterBox; and/or
- Terminate the Distributor/Reseller Agreement or other relevant agreement between OtterBox and the member of the distribution network who has violated this MAP Policy.
OtterBox will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. This MAP Policy is a unilateral declaration of policy by OtterBox and does not reflect or constitute an agreement between OtterBox and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy OtterBox is not seeking any such agreement.