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Terms and Conditions

General Terms and Conditions for Use of the Website

The following terms and conditions govern all use of the websites at https://otomcarseatcovers.com and https://otomautoparts.com and all content, services, and products available at or through these websites (taken together, the ‘Websites’). The Websites are owned and operated by OTOM AUTO PARTS INC. (“OTOM”). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OTOM’s Privacy Policy), and procedures that may be published from time to time on this Site by OTOM (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OTOM, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which otomcarseatcovers.com and otomautoparts.com link, and that link to otomcarseatcovers.com and otomautoparts.com. OTOM does not have any control over those non-OTOM websites and webpages, and is not responsible for their contents or their use. By linking to a non-OTOM website or webpage, OTOM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OTOM disclaims any responsibility for any harm resulting from your use of non-OTOM websites and webpages.

Copyright Infringement and DMCA Policy

As OTOM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by otomcarseatcovers.com or otomautoparts.com violates your copyright, you are encouraged to notify OTOM. OTOM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OTOM will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OTOM or others. In the case of such termination, OTOM will have no obligation to provide a refund of any amounts previously paid to OTOM.

Intellectual Property

This Agreement does not transfer from OTOM to you any OTOM or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with OTOM. OTOM, OTOM AUTO PARTS INC., OTOM Legend Designs, OTOM Car Seat Covers, otomcarseatcovers.com, otomautoparts.com, the otomcarseatcovers.com and all logos and other trademarks, service marks, graphics, and logos used in connection with otomcarseatcovers.com, or the Website are trademarks or registered trademarks of OTOM or OTOM’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OTOM or third-party trademarks.

Advertisements

OTOM reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution

OTOM reserves the right to display attribution links such as ‘Blog at otomcarseatcovers.com,’ theme author, and font attribution in your blog footer or toolbar.

Changes

OTOM reserves the right, at its sole discretion, to modify or replace any part of this Agreement as it applies to both the B2B and B2C Websites. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OTOM may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

OTOM may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your otomcarseatcovers.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by OTOM if you materially breach this Agreement and fail to cure such breach within thirty (30) days from OTOM’s notice to you thereof; provided that OTOM can terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. OTOM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither OTOM nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will OTOM, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OTOM under this Agreement during the twelve (12) month period prior to the cause of action. OTOM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the OTOM Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless OTOM, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between OTOM and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of OTOM or by posting a revised version by OTOM. Except to the extent applicable law provides otherwise, this Agreement, and any access to or use of the Websites, will be governed by the laws of the State of Illinois, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to this Agreement will be resolved through binding arbitration conducted in Cook County, Illinois, in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (‘JAMS’). The arbitration process will follow JAMS’ rules, and the decision of the arbitrator(s) will be final and binding.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OTOM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.