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OtterBox Terms of Use

Thank you for visiting www.otterbox.com (the “Website”). This Website is operated by Otter Products, LLC (“OtterBox”), located at 209 S. Meldrum Street, Fort Collins, CO 80521. Your access to and use of this Website is subject to the following terms of use (“Terms of Use”) and all applicable laws.

Agreement

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legal binding agreement. If you do not agree with any of these Terms of Use, do not use the Website.

OtterBox reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms of use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Website.

Ownership

Unless otherwise indicated, this Website and its design, text, photography, video, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to this Website (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to, intellectual property) laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of OtterBox. The OtterBox logo and name are registered trademarks of Otter Products, LLC. The entire content of this Website is copyrighted as a collective work under U.S. copyright laws, and OtterBox owns a copyright in the selection, coordination, arrangement and enhancement of the Content. ALL RIGHTS RESERVED.

The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, noncommercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. OtterBox reserves complete title and full intellectual property rights in any Content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without written permission from OtterBox.

Trademarks

The OtterBox name, logo, all product names, all custom graphics, all trademarks, and service marks appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of OtterBox (the “Marks”). All other trademarks, product names, company names, logos, services marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without prior written permission of OtterBox.

Trademark Guidelines

When using the Marks in publications that will be distributed only in the United States, include the appropriate ™ or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead, use the appropriate trademark attribution notice, for example: “Defender Series is a registered trademark of Otter Products, LLC, registered in the United States”.

OtterBox Trademark List

The absence of a product or logo from this list does not constitute a waiver of OtterBox’s trademark or other intellectual property rights concerning that name or logo.

  • OtterBox®
  • Otter Box®
  • Armor Series®
  • Impact Series®
  • Commuter Series®
  • Commuter TL Series™
  • Defender Series®
  • Tandem Series®
  • Reflex Series®
  • Utility Series Latch

These guidelines are for OtterBox authorized resellers, developers, customers, and other parties wishing to use OtterBox trademarks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of any OtterBox logo for commercial purposes without the prior written consent of OtterBox may constitute trademark infringement and unfair competition in violation of federal and state laws. OtterBox’s trademarks are valuable assets. In following these guidelines, OtterBox’s valuable trademark rights are protected and our corporate and brand identities are strengthened. By using an OtterBox trademark, it is acknowledged that OtterBox is the sole owner of the trademark and it is promised that no interference will occur with OtterBox’s rights in the trademark, including challenging use, registration of, or application to register such trademarks, anywhere in the world, and that no OtterBox trademark will be harmed, misused, or brought into disrepute. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

Notice of Ownership

When making a permissible use of an Otter Products trademark(s) in accordance with these guidelines, you should always include a prominent acknowledgement that Otter Products owns these trademarks, as such:
OtterBox® and OtterBox® products names, related marks, images and symbols are the exclusive properties and trademarks of Otter Products, LLC.

Compatibility

Some examples of ACCEPTABLE product naming are as follows:

  • OtterBox® Defender Series® case for [product name]
  • OtterBox® Commuter Series® case for [product name]
  • OtterBox® Impact Series® case for [product name]

Some examples of UNACCEPTABLE product naming are as follows:

  • Water-Resistant iPhone Case by OtterBox
  • iPhone 3G Defender Case
  • Impact case for BlackBerry

Publications, Seminars, and Conferences

Qualifiers to include when discussing the series:

  • Impact Series® cases provide added protection against minor bumps. Cases are not protective against water.
  • Tandem Series® cases provide added protection against bump and shock. Cases are not protective against water.
  • Commuter Series® and Commuter TL Series™ cases provide added protection against bump and shock. Cases are not protective against water.
  • Reflex Series® cases provide added protection against drop, bump and shock. This case is NOT protective against water.
  • Defender Series® cases provide added protection against bump, shock, drop and dust intrusion. Cases are not protective against water.

Domain Names

You may not use an identical, virtually identical or any name that suggests a false association with the OtterBox trademark as a second-level domain name.

Not acceptable:

  • "otterboxiphone.com"
  • "otterboxcases.com"
  • "otterboxipad.com"
  • "otterphonecase.com"

Claims

  • Statement: “OtterBox is the #1-selling case for smartphones.”
  • Source:The NPD Group/Retail Tracking Service/November 2010 - June 2012

Pricing Policy

With respect to items sold on otterbox.com, we cannot confirm the price of an item until you order it. Despite our best efforts, incorrect prices and coupons appear on our site. When the correct price of a product is less than our stated price, we charge the lower amount when shipping the product to you. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If a pricing error is reasonably obvious and unmistakable, we are under no obligation to provide the product to you at the incorrect (lower) price, even after we send you an Order Confirmation or Shipping Confirmation Notice. Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.