2. Changes to Terms
3. Your Account
In order to access the Othot Domain, you will be asked to create an account and login credentials such as an account identifier and a password. You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account using your login credentials. In the event that you know or have a reasonable suspicion that a third party has obtained your login credentials, you must immediately notify us at email@example.com. If we have reasonable grounds for believing that you have misused or are misusing your login credentials, we may require you to change your login credentials or may suspend your access to the Othot Domain. You will not create an account for anyone other than yourself or your Organization without our permission.
We may, in our sole discretion and at any time, terminate your access to Othot Domain with or without notice. You agree that any termination of your access may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination. If you commit fraud or falsify information in connection with your use of the Othot Domain, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and to pursue legal action through relevant local and national law enforcement authorities.
In addition to information provided by you as part of the creation of an account, you may be asked to provide us with certain information pertaining to your Organization’s operations and energy needs such as, for example, load information, facility operations, data submission information, or similar information (“Organization Information”).
5. Limitations on Use of the Othot Domain
You may only use Othot Domain to review information regarding a proposed business relationship between your Organization and us, or to manage the business relationship between your Organization and us (“Authorized Use”). The Customer Agreement and/or the Terms of Service may contain additional restrictions on use of information provided through Othot Domain.
Any information provided by us as part of your use of the Othot Domain is intended as supplemental information, is made available for such use as you may elect, and is not intended to replace any of your Organization’s other procedures for engaging in its business. The accuracy or value of such information is based on many factors including the availability and accuracy of third party data. In no event shall we have any liability to you, your Organization, or to any third party for the accuracy or value of information received through Othot Domain and it shall be in your sole and absolute discretion whether to rely upon any information made available by us, to such degree as you may elect.
6. Intellectual Property
Othot or its licensors own all the intellectual property rights in the Othot Domain and information provided via the Othot Domain, including, without limitation, all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Othot Domain, the software comprising the Othot Domain and the content therein and provided to you. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear via the Othot Domain are proprietary to Othot Domain, its affiliates, or its licensors. You must not display or reproduce the Marks unless we provide you with prior written consent to do so. You must not remove or otherwise modify any trademark, copyright or other notices from any content that you receive via the Othot Domain.
7. Disclaimer of Warranties
Othot makes no warranty, express or implied, with respect to the Othot domain or any information provided as part of your use of the Othot domain, including any implied warranty of merchantability or fitness for a particular purpose, warranties arising from course of dealing or usage of trade, and warranties of noninfringement. Othot does not warrant does not warrant that the Othot domain or any information provided through use of the Othot domain provided through use of the Othot domain is error-free, will run uninterrupted, or that all errors can or will be corrected.
8. Limitation of Liability
Othot and its affiliates shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data or other intangible losses (even if Othot has been advised of the possibility of such damages), arising out of your access to, use of, or inability to use the Othot domain. You agree that Othot’s total liability to you for any reason is limited to one thousand dollars ($1000).
10. Links to Third Party Content
11. Governing law, Arbitration and Jurisdiction
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Pittsburgh, PA 15220
Effective date: July 2016