Acceptance of Terms

OTM is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms.  The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site.  You can review the most current version of the Terms at any time by clicking on the Terms of Service link from any page on the Site.  We hope that you will find the information provided on the Site informative and useful.  Please feel free to e-mail us with your thoughts about the Site or to request more information about OTM.

OTM has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

(1)  change or terminate all or any part of our Services;

(2)  restrict or terminate your access to all or any part of our Services; or

(3)  refuse, move, or remove any content that is available on the Site.

Access to Site

OTM is providing you with the information and functionality in the Site.  You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.  The Site is available only to individuals and entities who can form legally-binding contracts under applicable law.  Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site.  If you do not qualify, please do not use the Site.  OTM reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.

User Obligations

In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations.  For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  If you provide any information that is untrue, inaccurate, incomplete or not current, or if OTM has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, OTM has the right to refuse any and all current or future use of the Site (or any portion thereof).

Limits on Liability

OTM will not be liable for:

• the contents of any communication, message, or information posted by you or other third parties;
• the content of any website not controlled, owned, or operated by OTM that is accessed from or linked to this Site;
• the content, services or information provided by any website purporting to be operated by OTM or its affiliates, but not actually affiliated with, controlled, owned, or operated by OTM;
• any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
• any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of or inability to use the Site, even if OTM has been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.

Content

All pricing, offers, invitations, and promotions are subject to change at any time.  The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction.  OTM shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies.  OTM reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site or services described on the Site, at any time without notice, including after confirmation of a transaction.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site.  You acknowledge that you may not rely on any content on the Site.  OTM does not endorse or represent the reliability, accuracy or quality of any information, or non-OTM goods, services or products displayed or advertised on the Site.  We make no representations or warranties, express or implied, with respect to the information provided on this Site.

Third-Party Websites

Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only.  Providing links to these sites by us should not be interpreted as endorsement or approval by OTM of the organizations sponsoring these sites or their products or services.  We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness.  Because OTM has no control over third-party websites and resources, you acknowledge and agree that OTM is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources.  You further acknowledge and agree that OTM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

Proprietary Rights

You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws.  Except as expressly authorized by OTM or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part.  You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law.  Those portions of the Site owned by OTM are the copyright of OTM.  All rights reserved.  You agree that all of OTM’s trademarks, trade names, service marks, logos and service names are trademarks and are property of OTM (the “OTM Marks”).  You agree not to display or use in any manner the OTM Marks, without the express prior permission of OTM.

No Reproduction or Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Indemnification

You agree to indemnify, defend and hold OTM, its affiliates and its and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

Enforcement

OTM does not assume responsibility to you or others for any failure by OTM to enforce the provisions contained in the Terms.

Termination

You agree that OTM, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if OTM believes that you have violated or acted inconsistently with the letter or spirit of the Terms.  OTM may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that OTM may immediately bar any further access to the Site.  Further, you agree that OTM shall not be liable to you or any third party for any termination of your access to the Site.

General Acknowledgments

You acknowledge that OTM may establish general practices and limits concerning your use of the Site.  You agree that OTM has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site.  OTM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that OTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.  You further acknowledge that OTM reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Privacy

The terms and conditions of OTM’s Privacy Policy are located at Privacy Policy and are incorporated herein by reference.  In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, OTM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE.  YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE OTM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. OTM MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

EXCLUSIONS AND LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

You and OTM agree that the Terms and the relationship between you and OTM shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws analysis.  You and OTM hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Los Angeles, California, or the United States District Court for the District of California for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court.  You and OTM irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

Waiver

OTM’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OTM in writing.

Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.

Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Headings

The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Support

If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact:

On The Marq, LLC
Los Angeles, CA
Contact@OnTheMarq.com

Revision Date 11/20/2020