Otterwize Terms of Service
Last Updated: January 16, 2018
The websites otterwize.com and simmeringsavings.com (“Site” or “Sites”) are provided by Otterwize, Inc., (“Otterwize,” “we,” “us” or “our”) to provide any services offered via the Site (collectively, the “Services”) to our users (“User,” “Users” “you” or “your”). These Services include generally applicable personal finance information, tools, resources, opinions, and commentary provided for informational and educational purposes only.
1 MODIFICATION OF THIS AGREEMENT.
We may change, modify, add or remove portions of the Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and each such Update will be effective immediately. If we make an Update, we will change the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to an Update, you must discontinue using the Site.
2 OWNERSHIP; PROPRIETARY RIGHTS.
The Site, including all information and materials contained in the Site, is owned and operated by Otterwize, or to the extent expressly otherwise indicated in the Site, other parties. All content, images, illustrations, designs, names, products, services, icons, photographs, video clips, typefaces, source and object code, format, queries, algorithms, visual interfaces, HTML, information, graphics, design, look and feel, compilation and all other elements (whether written or otherwise) of the Site (collectively, the “Site Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Site Materials, are protected by, as appropriate, United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Site Materials are the property of Otterwize or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Otterwize under this Agreement, you agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Materials.
3 GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.
3.1. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE USAGE RULES SET FORTH IN THIS SECTION 3 (THE “GUIDELINES”). IN PARTICULAR, YOU WILL NOT:
3.1.1. use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
3.1.2. use the Site if you are under the age of eighteen (18) years old;
3.1.3. use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property or other proprietary rights, data security, privacy or import or export control;
3.1.4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
3.1.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;
3.1.6. misrepresent the source, identity or content of information transmitted via the Site;
3.1.7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
3.1.8. intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
3.1.9. post, store, send, transmit, or disseminate any information or material that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether the information or material, or its dissemination, is unlawful;
3.1.10. post, store, send, transmit, or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3.1.11. attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
3.1.12. hack, spam or phish Otterwize or any Users; or
3.1.13. hold us responsible for your use of the Site.
Please let us know about any inappropriate behavior that you become aware of within the Site. If you find something that violates these Guidelines or the Agreement otherwise, let us know by sending us an email to firstname.lastname@example.org. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.
4 USAGE; REFUSAL OR SUSPENSION OF SERVICE.
4.1. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, WE ALSO RESERVE THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE OR ANY SERVICES.
4.2. You alone are responsible for your involvement with other Users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions.
4.3. To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the Site (“User Content”) you will be (a) granting Otterwize a fully transferable, sub-licensable license (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed); perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Otterwize on its Site, and accessed by Users, for the purposes and on the terms in this Agreement, and (b) agreeing to indemnify and hold harmless Otterwize and its Users from any claim or demand made by any third party due to or arising out of your User Content, and (c) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person. Otterwize shall have the right to use any name provided in connection with your posted User Content. Otterwize reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates this Agreement.
4.4. Some of the Services offered by Otterwize require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us at email@example.com if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
4.5. This Site and any Services provided do not provide tax, accounting, legal, investment, or financial services or advice. Since each individual’s situation is unique, a qualified professional should be consulted before making financial decisions.
4.6. Otterwize does not provide tax, accounting, legal, investment, or financial services or advice. The information available through the Site or any Services is provided solely for informational and educational purposes on an “as is” basis at User’s sole risk. The information is not meant to be, and should not be construed as, tax, accounting, legal, investment, or financial services or advice or used for tax, accounting, legal, investment, or financial purposes. Otterwize makes no guarantees as to the accurateness, quality, or completeness of the information and Otterwize shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any User’s reliance on the information. User accepts all and any risk of any information provided, and is advised that any such information may not be up to date.
4.7. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, investment, legal, accounting, or tax questions a user may have. While Otterwize may edit questions provided by users for grammar, punctuation, profanity, and question title length, Otterwize is not involved in the questions and answers between Users, if any, does not endorse any particular financial, investment, legal, accounting, or tax professionals that provide answers via the Site or Services, if any, and is not responsible for any claims made by any third party. Otterwize is not endorsed by or affiliated with any state bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or FINRA or any other financial regulatory authority, agency, or association.
4.8. The information presented by Otterwize may contain hypothetical estimated figures and values based on application of certain assumptions and extrapolations of past performance for purely educational and informational purposes only. Past performance is no guarantee of future results. All investments carry a risk of loss, including the risk of total loss of principal. Markets can and will go up or down over time, and nothing stated or presented by Otterwize is intended to suggest consistent, continuing, expected, actual, or positive returns, results, or performance of any kind. In addition, these estimated figures and values do not take into account taxes, expenses, inflation, market and economic conditions, market risks, or other factors.
5 ADVERTISING DISCLOSURES
5.1. Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor, or your interactions with any advertiser or sponsor generally.
5.2. Otterwize may have a financial relationship with some of the entities whose products or services are mentioned on the Site. Pursuant to these advertising, affiliate, or other relationships, Otterwize may receive compensation when a user clicks through to an entity’s link, opens an account, or purchases, applies for or gets approved for a particular product or service.
5.3. Otterwize’s editorial comments and views about an entity’s products or services are not in any way influenced by the presence or absence of any such financial relationships, and we include many products and services for which we receive no financial compensation. We seek to add new products and services whenever possible, but we make no representation whatsoever that our content includes all products and services available in the market. In some cases, the presence of a financial relationship may affect the order or placement of a particular product or service on a page, but in no event will any commentary, views, or merit rankings be affected or influenced by the presence or absence of any financial relationship.
5.4. Use of our Site is free to users, and users are not in any way obligated to click on any links or to apply for or purchase any products or services. For a list of products and services for which we may receive compensation, please click here.
6 THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
6.1. The Site may include links to third party websites or services (“Third Party Websites”) solely as a convenience to Users. We do not endorse any Third Party Website or the information, material, products or services contained on other sites linked to, or accessible through, any Third Party Website. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through any Third Party Website. Access and use of any Third Party Website, including information, material, products and services on such Third Party Website or available through such Third Party Website is solely at your own risk. Further, if you do not agree to the applicable terms of service provided by one or more Third Party Websites, you may not be able to use those portions of the Services that depend on any Third Party Websites.
7 USER RESTRICTIONS
7.1. You may not: (i) modify, disassemble, decompile or reverse engineer the Site; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third party or use the Site to provide time sharing or similar services for any third party; (iii) make any copy of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and any other proprietary rights notice on the Site.
8 VIOLATIONS; TERMINATION.
8.1. You agree that Otterwize, as the result of a good faith belief that you have violated any of the terms and conditions of the Agreement, may suspend or terminate your use of the Site or any portion thereof at any time. You agree that any suspension or termination of your access to the Site you may have or any portion thereof may be effected without prior notice and you agree that we will not be liable to you or any third party for any such suspension or termination. At our election, depending on the nature of our good faith belief that you have violated any of the terms and conditions of the Agreement, we may offer you 30 days to cure any such violation before terminating your access to the Site completely. We do not permit copyright infringing activities on the Site and reserve the rights to terminate access to the Site and to remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for suspension or termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
9 DISCLAIMERS; NO WARRANTIES.
9.1. THE SITE IS MADE AVAILABLE “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTTERWIZE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
9.2. OTTERWIZE AND ITS SUPPLIERS, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10 INDEMNIFICATION; HOLD HARMLESS.
10.1. You agree to indemnify, defend, and hold Otterwize (and its owners, its affiliated companies and its and their respective contractors, employees, directors, officers, agents, suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to: (i) your use or misuse of the Site generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of the Guidelines or the Agreement otherwise. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11 LIMITATION OF LIABILITY AND DAMAGES.
11.1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL OTTERWIZE (OR ITS OWNERS, ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS OR BUSINESS PARTNERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF OTTERWIZE OR AN OTTERWIZE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11.2. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF OTTERWIZE (AND ITS OWNERS, ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, COLLECTIVELY) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.
11.3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT OTTERWIZE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
12 BENEFIT OF THE BARGAIN.
12.1. YOU ACKNOWLEDGE AND AGREE THAT OTTERWIZE HAS OFFERED THE SITE AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OTTERWIZE AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OTTERWIZE. OTTERWIZE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
13.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
13.2. Jurisdiction. Except as provided in, and subject to, Section 13.3, you agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts located in New York, New York and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Otterwize from seeking injunctive relief in a court of competent jurisdiction.
13.3.1. If a dispute arises between you and Otterwize, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Otterwize regarding the Site by emailing firstname.lastname@example.org, Subject: Arbitration.
13.3.2. You and Otterwize agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the Site (a “claim”) in accordance with this Section 13. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.3.3. All claims between you and Otterwize and must be resolved in accordance with this Section 13. All claims filed or brought contrary to this Section 13 shall be considered improperly filed.
13.4. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
13.5. Notices. Otterwize may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to Otterwize by email or regular mail using the information in Section 14.
13.7. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
13.8. Headings; Construction; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Otterwize, or by a change to the Agreement.
13.9. Claims. YOU AND OTTERWIZE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14 CONTACT INFORMATION.
Otterwize welcomes your comments or questions regarding these Terms of Service. Please contact us by using the following information:
P.O. Box 633
New York, NY 10159