Terms of Use

Thank you for visiting https://www.OtterBox.com ("Website"). The Website is operated by Otter Products, LLC (referred to as "Otter," "us", "we", or "our" as the context may require), located at 209 South Meldrum Street, Fort Collins, Colorado 80521. Your access to and use of the Website is subject to the following terms of use ("Terms of Use") and our Privacy Policy found at https://www.OtterBox.com/pages/privacy-policy. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND OTTER ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Acceptance of Terms of Use and Changes to Terms of Use

Please read these Terms of Use carefully before using the Website. These Terms of Use apply to your access to and use of the Website, including the purchase and sale of products through the Website. By using the Website, you agree to be bound by and abide by these Terms of Use. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Website. Otter may revise and update these Terms of Use from time to time, in our sole discretion, with notice provided by posting the updated Terms on the Website. The latest version of these Terms of Use will be posted on the Website, and you should review these Terms of Use prior to using the Website and purchasing any product through the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you cannot access these Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by email or by post upon request. Please email us at the email address listed at the end of these Terms of Use. The Website is a business and commercial site and is not intended for children under sixteen (16) years of age without permission from a parent or guardian.

ACCESS TO THE WEBSITE AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE IS NOT INTENDED AND IS PROHIBITED WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

2. Access to the Website; Accounts; Security

1. Otter reserves the right to withdraw or amend the Website and these Terms of Use, and any product, service, or material we provide on the Website, in our sole discretion. Otter will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any part of the Website to users, including registered users. You are responsible for both: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them. In addition, Otter reserves the right, without notice to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

2. To access the Website and some of the resources it offers, you may be asked to provide certain registration details and other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us (using the information provided below) immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

4. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. The security of your personal and financial information is extremely important to us. We ensure confidentiality and security on our Website shopping experience in the following ways:
   (a) Personal information, including your credit card number, is encrypted and sent only over secure Internet lines. While using Secure Socket Layer (SSL) technology, your browser may let you know when the line is secure. Many browsers 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.
   (b) 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.
   (c) We take reasonable measures designed to protect your information. We employ various firewalls and other security tactics to help keep your information secure.
   (d) While there is some risk inherent in every Internet transaction, you can rest assured that we continually work to reduce that risk.
   (e) If you are still unsure about the security of your information or if you use a browser that does not support SSL technology, please contact us (using the information provided below).

3. Intellectual Property

1. The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the foregoing) are owned by Otter, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Otter and OtterBox names and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Otter or its affiliates or licensors. You must not use such marks without the prior written permission of Otter. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

2. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website (including, without limitation, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website), except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Otter. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Please see our OtterBox Intellectual Property page for more information on Otter's intellectual property, including trademark credit notices.

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to misuse the Website. For example, you may not use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (v) to impersonate or attempt to impersonate Otter, an Otter employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Otter or users of the Website, or expose them to liability; (vii) by using software or any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; or (viii) in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, including, but not limited to: (a) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (b) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (c) attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (d) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack; or (e) otherwise attempting to interfere with the proper working of the Website.

5. User Contributions

1. The Website may contain product review pages and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials, including, without limitation, submission of content for customized products (collectively, "User Contributions"), on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Otter has no obligation to use, display, or continue to make available any User Contribution.

2. Any User Contribution you post to the Website will be considered non-confidential. You own the copyright in User Contributions. We do not claim any copyrights in User Contributions. However, by providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User Contributions in any and all media or form of communication whether now existing or hereafter developed without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User Contributions that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. If you do not want Otter to use or share your content, do not submit it to the Website.

3. You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.

4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Otter, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

6. Monitoring and Enforcement; Termination

1. Otter reserves the right to do any of the following, at any time, without notice: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Otter; (iii) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

2. Without limiting the foregoing, Otter has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions or other materials on or through the Website. YOU WAIVE AND HOLD HARMLESS OTTER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

3. Otter does not review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Otter has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.

3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.

4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

5. Be likely to deceive any person.

6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.

9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

10. Give the impression that they emanate from or are endorsed by Otter or any other person or entity, if this is not the case.

8. Removal of User Contributions; Copyright Infringement

1. You can report objectionable User Contributions by contacting us using the information provided below. While we do not have any obligation to remove any User Contribution from the Website merely because of a removal request, we will review all such requests and will remove User Contributions that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User Contribution has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User Contribution we remove from the Website may remain on back-up servers.

2. Otter does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Website or has been otherwise copied and made available on the Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
   (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
   (b) a description of the copyrighted work that you claim has been infringed;
   (c) a description of where the material that you claim is infringing is located on the Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
   (d) your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
   (e) 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
   (f) 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.

3. Your statement must be addressed as follows:
   Otter Products, LLC
   209 South Meldrum Street
   Fort Collins, Colorado 80521
   Attn: Legal Department

4. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon Otter actual knowledge of facts or circumstances from which infringing material or acts are evident.

9. Reliance on Information Posted

The information on the Website is made available solely for general information purposes. Otter does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. All statements or opinions expressed in User Contributions and other third-party content, other than the content provided by Otter, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Otter. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

11. Vulnerability Disclosure Policy

To learn how to responsibly report security vulnerabilities, please refer to our Vulnerability Disclosure Policy, which is hereby incorporated into these Terms of Use.

12. Privacy Policy

All information we collect on the Website is subject to our Privacy Policy which is hereby incorporated into these Terms of Use. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Purchases; Other Terms and Conditions

1. 13.1 All purchases through the Website or other transactions for the sale of products formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale which are hereby incorporated into these Terms of Use. The following additional terms and conditions (some of which are incorporated elsewhere in these Terms) may also apply to specific portions, services, or features of the Website and all such additional terms and conditions are hereby incorporated by this reference into these Terms of Use:
   (a) Privacy Policy
   (b) OtterBox Intellectual Property
   (c) MAP (Minimum Advertised Price) Policies
   (d) Unsolicited Submission Policy
   (e) Reference to the Support Center and/or the content under the "Support" heading

2. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Website.
14. Links to Other Sites

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions

Otter provides the Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws..

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OTTER NOR ANY PERSON ASSOCIATED WITH OTTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OTTER NOR ANYONE ASSOCIATED WITH OTTER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, OTTER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OTTER, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, OTTER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, OTTER'S LIABILITY WILL IN NO EVENT EXCEED THE GREATER OF: (i) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST OTTER (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY PRODUCTS), OR (ii) USD $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

The limitations and exclusions set out in these Terms of Use are inapplicable within the state of New Jersey to the extent they disclaim liability for our own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Otter to exercise reasonable care in preventing the unlawful acts of others.

18. Indemnification

You agree to defend, indemnify, and hold harmless Otter, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

19. Dispute Resolution

This section affects your legal rights. Please read it carefully.

OTTER AND YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO ANY OTTERBOX PRODUCT OR ARISING OUT OF OR RELATING TO USE OF THE WEBSITE OR OTHERWISE RELATING TO YOUR RELATIONSHIP WITH OTTER ("COVERED CLAIMS") WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN BY A JUDGE OR JURY IN COURT, WITH SOME LIMITED EXCEPTIONS LISTED BELOW. COVERED CLAIMS INCLUDE CLAIMS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. COVERED CLAIMS INCLUDE CLAIMS YOU MAY HAVE AGAINST OTTER'S PARENT, SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS.

1. Informal Dispute Resolution. Before filing any Covered Claims, Otter and you agree to try to resolve the dispute informally. In the event of a dispute, you must first notify Otter by sending a written demand for arbitration that sets forth: (i) your name, address, and contact information; (ii) the facts giving rise to the dispute; (iii) the relief requested, including a good-faith calculation of the amount in controversy; and (iv) your personal signature and, if applicable, the signature of your legal counsel. You must notify Otter of a dispute by sending the arbitration demand to legal@otterproducts.com, ATTN: Notice of Dispute. If Otter is bringing claims against you, Otter must send you an arbitration demand with the same information described above to the most recent contact information that it has on file for you, if available. By submitting a signed arbitration demand, the party and counsel represent that they are complying with the requirements of Federal Rule of Civil Procedure

11. Properly submitting a demand for arbitration pursuant to this provision will toll any statutes of limitations applicable to your Covered Claims for a 30-day period (which can be extended by agreement of the parties). If a dispute is not resolved within thirty (30) days after submission, you or Otter may commence arbitration.

2. Binding Arbitration. If you and Otter do not resolve any Covered Claims by informal dispute resolution, any other effort to resolve the Covered Claims will be conducted exclusively by binding arbitration. You are giving up the right to litigate all Covered Claims in court before a judge or jury. All Covered Claims will be resolved before a neutral arbitrator. Any court with jurisdiction over the parties may enforce the arbitrator's award. The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury, but an arbitrator can award the same damages as a court.

3. Class Action Waiver. Any proceedings to resolve or litigate Covered Claims in any forum will be conducted solely on an individual basis. To the maximum extent permitted by law, Covered Claims may not be brought, heard, or adjudicated as a multi-plaintiff, class, collective, or non-individual action. To the maximum extent permitted by law, class arbitrations, class actions, non-individual actions under private attorney general laws, and consolidation with other persons' arbitrations aren't allowed under these Terms of Use. No individual arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any disputes concerning the applicability or validity of this Class Action Waiver shall be decided by a court of competent jurisdiction, not by the arbitrator.

4. Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association ("AAA"). AAA shall apply its Consumer Arbitration Rules to any Covered Claims brought by a consumer in relation to a "consumer agreement," as defined by the AAA Consumer Arbitration Rules. As to all other Covered Claims, AAA shall apply its Commercial Arbitration Rules. The AAA Consumer Arbitration Rules and Commercial Arbitration Rules are available to you at www.adr.org. To the extent the AAA Rules conflict with these Terms of Use, the Terms of Use shall control. If AAA is unavailable or unwilling to administer the arbitration consistent with these Terms of Use, the parties shall agree on an administrator that will do so. The parties shall have the right to file dispositive motions (such as motions to dismiss or for summary judgment) without seeking leave, and the arbitrator must issue rulings on such motions and apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator shall apply the substantive law relating to all claims and defenses the same as if the matter had been heard in court, including with respect to the award of any remedy or relief. Rule 68 of the Federal Rules of Civil Procedure shall apply in arbitration, except that any Offer of Judgment and acceptance thereof shall be filed with the arbitrator and not in court. In addition to sanctions permitted under the AAA Rules, the arbitrator may award sanctions against a party or their attorney(s) for violation of Federal Rule of Civil Procedure 11.

5. Mass Arbitration. If a Covered Claim is part of a "Mass Arbitration" as defined by the AAA's Mass Arbitration Supplementary Rules (available at www.adr.org), you and Otter agree that the AAA's Mass Arbitration Supplementary Rules shall apply, subject to the additional procedures set forth in this subsection, which are designed to fairly and efficiently resolve a Mass Arbitration. If there is a Mass Arbitration, counsel for the parties shall each select five (5) of the claimants (ten (10) claimants total) from the Mass Arbitration, and those claimants' cases shall proceed in individual arbitrations with a different arbitrator assigned to each claimant's case ("Stage One"). The Parties and the assigned arbitrators will expedite the ten (10) arbitrations in Stage One, such that arbitration awards will be issued in the Stage One cases within one hundred fifty (150) days of initiation of the Mass Arbitration, unless the parties agree otherwise or the arbitrator finds good cause to extend that time period. After awards are issued in all Stage One arbitrations, the parties shall engage in a global mediation within forty-five (45) days to attempt to resolve the cases of all the remaining claimants in the Mass Arbitration. Otter will pay for any AAA fees and mediator fees related to the global mediation. During the Stage One arbitrations and global mediation period, the remainder of the Mass Arbitration cases shall be stayed, no arbitrators shall be appointed to the stayed cases, and no individual filing fees, arbitrator appointment fees, or arbitrator compensation shall be billed or considered due for the stayed cases. If the remaining cases are not resolved by the global mediation, the stay shall be lifted and the remaining claimants' cases shall proceed concurrently in individual arbitrations ("Stage Two"). At the beginning of Stage Two, AAA shall assign the remaining cases to new arbitrators and, in doing so, may assign the cases of multiple claimants to one arbitrator, except that no single arbitrator shall be assigned more than five percent (5%) of the remaining cases. During Stage Two, each arbitrator shall have authority to consolidate his or her assigned cases for purposes of case management conferences, procedural motions and rulings, and discovery motions and rulings (but not for merits determinations) and shall otherwise proceed with individualized proceedings and individual merits determinations. You and Otter acknowledge that these Mass Arbitration procedures may temporarily defer adjudication of a Covered Claim during Stage One, but further acknowledge that such a temporary deferral is in the parties' mutual interest because use of expedited bellwether cases to inform a global mediation will improve the chance of quickly and efficiently resolving a Mass Arbitration. Further, you and Otter agree that Covered Claims must be filed with AAA within the time period required by the applicable statute(s) of limitation and therefore acknowledge that the temporary delay of arbitrating bellwether cases and engaging in a global mediation will not impact the statute of limitations. Nothing in this provision prohibits the parties from later agreeing to engage in a global mediation prior to Stage One or otherwise agreeing on processes to make resolution of a Mass Arbitration more efficient.

6. Arbitration Fees and Costs; Attorney Fees and Costs. In any arbitration Otter commences, Otter will pay all filing, AAA, and arbitrator’s fees and expenses. If you initiate arbitration, you pay a portion of the filing fees, as set forth in the AAA Rules and Fee Schedules. However, you will not be required to pay any filing fees in excess of the filing fees applicable in a court of competent jurisdiction where the arbitration will be conducted. Except for any filing fees paid by you, Otter will pay all arbitration costs that would not be incurred in a court proceeding, such as the arbitrator’s fees. The arbitrator may award reasonable costs and attorney fees to the prevailing party if authorized by a statute or contract. Absent applicable law providing otherwise, the parties shall each bear their own costs and attorney fees.

7. Arbitration Award. The arbitrator's award shall be in writing with reasons given, including findings of fact and conclusions of law. The award shall be final and binding on the parties. Any court of competent jurisdiction may enter judgment on the award either by (i) confirming the award or (ii) vacating, modifying, or correcting the award on any ground permitted by applicable law. Any arbitral award or decision shall have no preclusive effect as to issues or claims in any other lawsuit or arbitration proceeding with anyone who is not a named party to the arbitration in which the award or decision was issued.

8. Exceptions to Agreement to Arbitrate. Neither the agreement to arbitrate nor the informal dispute resolution process applies to disputes relating to the enforcement or validity of your, Otter’s, or either of our licensors’ intellectual property rights. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In addition, either you or Otter may assert claims, if they qualify, in small claims court in Larimer County, Colorado or any small claims court in a United States county where you live or work. You may litigate in small claims court whether or not you took part in the informal dispute resolution process. However, you specifically agree that any claims in small claims court are governed by these Terms of Use, including the Class Action Waiver section. The agreement to arbitrate does not apply to claims which, after application of the Federal Arbitration Act and preemption principles, are not subject to arbitration or pre-dispute arbitration agreements. Nothing in the Terms of Use prevents you from reporting unlawful conduct to a government agency.

9. Severability. If the Class Action Waiver in these Terms of Use is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of these Terms of Use is found to be illegal or unenforceable, that provision will be severed with the remainder of these Terms of Use remaining in full force and effect.

10. Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Otter agree that any judicial proceeding (other than small claims actions) will be brought in state court in Larimer County, Colorado. Both you and Otter consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

11. Limitation on Claims. To the extent permitted by law, any claim or cause of action arising out of or related to your use of an Otter product must be filed in the appropriate forum within one (1) year after such claim or cause of action arose. If such a claim or dispute is not filed within one (1) year, it is permanently barred, unless applicable law requires otherwise.

20. Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to the Website and these Terms of Use (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of Colorado without giving effect to any choice or conflict of law provision or rule (whether of Colorado or any other jurisdiction). Notwithstanding the above, the arbitration and class waiver provisions shall be governed by and enforced under the Federal Arbitration Act (FAA); if the FAA cannot apply, the arbitration and class waiver provisions shall be governed by and enforced under applicable state law.

21. Waiver and Severability

No waiver by Otter of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Otter to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

22. Entire Agreement

These Terms of Use, our Privacy Policy, Terms of Sale, and all other policies referenced in these Terms of Use constitute the sole and entire agreement between you and Otter regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

23. Contact Us

If you have any questions or concerns regarding these Terms of Use, our contact information is as follows:
Otter Products, LLC
209 South Meldrum Street
Fort Collins, CO 80521
Attention: Legal Department
Phone: 1-855-688-7269
Email: legal@otterproducts.com

This Policy was last updated on May 1, 2026.