1. Your Acceptance
Throughout this Agreement, the words “OTC-store,” “us,” “we,” and “our,” refer to our company, OTC-store, Inc., as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, OTC-store may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify OTC-store immediately of any unauthorized use of your account or any other breach of security. OTC-store will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OTC-store or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one user account. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. OTC-store has the sole discretion in granting or denying any accounts.
4. User Content
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. The OTC-store does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant the OTC-store, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
5. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
6. Seller Services Disclaimer
OTC-store EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT OTC-store MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND OTC-store PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY OTC-store. All Seller Services are sold on an “as is” basis. User releases OTC-store from any liability associated with user’s use of the Platform or purchase of any Seller Services.
OTC-store is not a party to any contracts between users and Sellers. Additionally, OTC-store does not control or direct the Seller or the Seller Services, including but not limited to delivery date, performance, or quality. OTC-store does not introduce users to Sellers. OTC-store merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of OTC-store. OTC-store does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.
You acknowledge and agree that, unless otherwise indicated, any purchase is directly between you and the Seller.
8. Order Confirmation
The Seller Services are not confirmed until user receives an order confirmation (the “Order”) from the Seller. All Orders are subject to additional terms and conditions of the Seller as listed by the Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or other relevant information. OTC-store is not responsible for any Orders or the delivery of any Seller Services.
OTC-store does not provide refunds.
Users and Sellers acknowledge and agree that in order for OTC-store to make the Platform available, it must receive fees for all Seller Services and Orders transacted. In consideration for making the Platform available for users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party through the Platform , you must use the Platform as your exclusive method to request, make, and receive all payments for any Seller Services or Orders directly or indirectly provided to or received from that party or arising out of your relationship with that party. Users may only opt out of the non-circumvention by paying an opt out fee of $1000 dollars or 15% of the total Orders purchased from a Seller in the past calendar year, whichever is greater. You agree to notify OTC-store immediately if another person improperly contacts you or suggests making or receiving payments outside of the Platform.
11. Seller and User Disputes
In the event of a dispute between Seller and user, Seller and user agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting to resolve such a dispute. If such dispute cannot be settled, Seller or user may contact OTC-store. OTC-store, at its discretion, may assist in settling the dispute. In the event that OTC-store assists in any dispute resolution, Seller and user agree to accept such resolution as resolved, binding, and final. This section does not obligate OTC-store to settle disputes between any users and any Sellers and all users agree that OTC-store is not a party to any such disputes.