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OTTER LINKS TERMS OF USE

This Terms of Use (“Terms”) describes the rights and responsibilities of Otter Links, LLC (“Otter Links”, “Company”, “we”, “our”, or “us”) and its users (“you” or “your”). It forms a legally binding agreement (“Agreement”) between you and Otter Links regarding your use of the Otter Links website(s), mobile website(s), mobile application(s), browser extension(s), and any related services (“Services”) that link to this Agreement. By using the Otter Links Services, you are agreeing to these terms.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE PARTICIPATION AND USE OF THE SERVICES IMMEDIATELY.
  • 1. Changes to the Terms of Use
  • 2. Membership Account
  • 3. Informal Dispute Resolution
  • 4. Dispute Resolution: Binding Arbitration
  • 5. Class Action & Jury Trial Waiver
  • 6. Termination of Membership Account
  • 7. Your Use of Content
  • 8. Prohibited Use of Service
  • 9. Company Compensation
  • 10. Third-Party Websites
  • 11. Indemnification
  • 12. Warranty Disclaimer
  • 13. Limitations of Liability
  • 13. General Provisions
  • 14. Contact Us

1. Changes to the Terms of Use

Otter Links may at its discretion amend, update, add to, remove, or otherwise change these Terms at any time. We may provide you with notices, including those regarding changes to these Terms, by website, e-mail, regular mail, SMS message, in-app notification, or other reasonable means now known or hereinafter developed.


Your continued use of the Otter Link Services following any such notifications constitutes your acceptance of such changes and your agreement to be bound by these Terms. If you do not agree to any changes of these Terms of Use, your sole remedy is to terminate your Account and/or discontinue participation in and use of the Services.

2. Membership Account

Users may create a Membership Account to use certain features of our Services. To create a Membership Account, a user must be 18 years old and provide a valid e-mail address and password. Each person is limited to one account. Certain features may require the submission of additional information. All information you provide must be true, accurate, current, and complete. Information collected by Otter Links shall be subject to our Privacy Policy, which is hereby incorporated by reference. Otter Links does not currently offer its Services or support Membership Accounts of residents outside of the United States of America.

Otter Links complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under the age of 13. Creating a Membership Account under false or fraudulent pretenses constitutes an unauthorized use of Services, and such accounts will be deleted by Otter Links. If you are a parent or legal guardian of a child under 13 years old and believe that your child has provided personal information to our site, you may contact us at legal@otterlinks.com to request deletion of your child’s personal information.

By creating a Membership Account, you agree to receive communications and notices by electronic mail. Our communications may include account and membership-related notices, and periodic advertisements. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.

3. Informal Dispute Resolution

Otter Links would like an opportunity to address any concerns without a formal legal case. Before filing a legal claim, you agree to try to resolve the dispute informally by submitting your grievance to legal@otterlinks.com. We will make every effort to resolve the dispute informally by contacting you in writing via e-mail. If the dispute is not resolved within 30 days of submission, you or Otter Links may initiate a formal proceeding.

4. Dispute Resolution: Binding Arbitration

  1. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts. You and Otter Links agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Otter Links business, any of the Services, our relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Otter Links’s employees, agents, or any subsidiaries of Company.
  2. All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
  3. To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Hancock County, Ohio.
  4. Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect. To reject changes, you may send us written notice within thirty (30) calendar days of the change to:

    5. Otter Links, LLC
    1219 W Main Cross Street
    Suite 205
    Findlay, OH 45840

  5. This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate within thirty (30) calendar days of creating a Membership Account or accessing a Service for the first time, by sending written and signed notice to:

    6. Otter Links, LLC
    1219 W Main Cross Street
    Suite 205
    Findlay, OH 45840

  6. 4.6Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

5. Class Action & Jury Trial Waiver

YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
This means that neither you nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

6. Termination of Membership Account

Otter Links reserves the right to cancel, suspend, and/or modify a user’s Membership Account at any time without obligation or notice to you, including, without limitation, if any fraud, technical failures, limitations on Services, human error, or any other factor impairs the integrity, availability, or proper functioning of the Services, as determined by Otter Links in its sole discretion. Any user behaving in an unethical, dishonest, deceptive, or disruptive manners, or displaying inactivity for a minimum of 24 months, is at risk for having Membership Account terminated. Such actions may be in violation of criminal and/or civil law. Otter Links reserves the right to seek damages for any such person to the fullest extent permitted by law. Otter Links shall not be liable to you for any suspension, modification, or termination of any of its Services.

7. Your Use of Content

You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software, and other material (collectively, the “Content”) protected by copyright, trademark and/or other proprietary rights of Otter Links or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, (ii) use any robot, spider, site search and/or retrieval application, or other device to crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve or index any portion of the Services, or (iii) use any text, code, image, audio, video, or other content from any portion of the Services (a) for data set creation, analysis, or manipulation (including activities sometimes called “data mining,” “text and data mining,” or “TDM”) and/or (b) in connection with the development or operation of any software program, including but not limited to any artificial intelligence or machine learning model, software, or process (such as training, fine-tuning, embedding, and the like), either directly or indirectly, including through a third party (including use of a third-party dataset created in any part by prohibited means). Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may only post on the Services content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Otter Links and its affiliates, successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), including, but not limited to, as part of the Services or in support of the Services through advertising or marketing, on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the “License”), without credit, payment or compensation to you and without seeking further permission from you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right). You agree that you are solely responsible for the Material that you post on the Services or transmit to others and agree that you will not hold Company responsible or liable for any materials or content you access or receive from other users of the Services.
You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
Otter Links does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Otter Links.

8. Prohibited Use of Service

Otter Links has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
  • Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
  • Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind as determined by Otter Links;
  • Post or transmit through the Services any Material that violates or infringes another person’s intellectual property rights (including, but not limited to, third party music, videos, photos or other materials where you do not have written authority from the owner to post or transmit such materials);
  • Post or transmit any Material that contains any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation as determined by Otter Links;
  • Reformat, frame or mirror any portion of any web page that is part of the Service;
  • Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Submit any Material that impersonates a person or entity, falsely implies sponsorship or endorsement of that Material by the Services, Otter Links and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
  • Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party (including their rights of privacy or publicity) or that promotes or encourages illegal activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual; or
  • Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited uses of the Service. Use of the Services is subject to existing laws and legal processes. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

9. Company Compensation

OTTER LINKS MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SERVICES. THIS MEANS OTTER LINKS MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADVERTISMENTS OR LINKS CONTAINED WITHIN OUR SERVICES, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.

10. Third-Party Websites

The Services may contain links to sites on the Internet which are owned and operated by third parties (the “External Site(s)”). You acknowledge that Otter Links is not responsible for the availability of, or the content located on or through, any External Site, and that your use of such External Sites may be subject to a third party’s terms and conditions and/or privacy policy. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
To the extent a product is purchased from a store found on an External Site (“Affiliate Store”), that purchase whether online or in store, is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Affiliate Store.
You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with Affiliate Stores. Any questions, complaints, or claims related to any product or service should be directed to the Affiliate Store.
We may make available services from one or more third parties (“Third-Party Platforms”). The Company supports Third-Party Platforms, including Apple, Facebook, and Google to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”).
Please note that we may allow certain manufacturers to license, use and/or reprint the Otter Links trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.

11. Indemnification

You agree to indemnify Otter Links, as well as our respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

12. Warranty Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.

13. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIVE U.S. DOLLARS ($5). THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABITY FOR SOME TYPES OF DAMAGES, SO ALL OR PART OF THIS LIMITATION MAY NOT APPLY TO YOU.

14. General Provisions

  • Entire AgreementThese Terms constitute the entire agreement between you and Otter links and governs your use of the Services superseding any prior agreements between you and Otter Links with respect to the Services (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Otter Links unless expressly confirmed in writing by Otter Links to you.
  • Choice of Law and VenueThe validity, construction and interpretation of this Agreement and the relationship between You and Otter Links, including the rights and duties of the parties, will be governed by the laws of the State of Ohio in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Hancock County, Ohio.
  • InterpretationHeadings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
  • Waiver and Severability of TermsAny waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
  • AssignmentYou may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Otter Links has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

14. General Provisions

For any questions regarding this Terms of Use, please feel free to contact us at legal@otterlinks.com or at the following mailing address:

Otter Links, LLC
1219 W Main Cross Street
Suite 205
Findlay, OH 45840
Updated: September 29, 2023
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