GENERAL

The OTG|247® brand is owned by OTG|247,Inc. and/or its subsidiaries. Otg247.com is the official website for the brand OTG|247 brand (referred to collectively as “OTG”). We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the otg247.com web site (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

USE OF SITE

You agree to use the Site solely for lawful purposes and your own personal, non-commercial use. b. You shall not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material that: i. Violates any applicable law or regulation; ii. Infringes upon the intellectual property rights, privacy, publicity, or other personal rights of others; iii. Is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

Violation of Terms
We reserve the right to determine, at our sole discretion, if any use violates these terms and to take appropriate action in the event of any violation. b. Violations of system or network security may result in a warning, temporary limit or suspension, immediate termination of your access to the Site, or civil or criminal liability. c. We shall investigate occurrences involving such violations and may cooperate with law enforcement authorities in identifying and prosecuting users involved in such violations.

Limitation of Liability

You agree that neither OTG nor its owners shall be liable for any direct, consequential or incidental damages arising out of any aspect of your order, including but not limited to products or delivery.

ADA
OTG is committed to ensuring digital accessibility for people with disabilities. We are currently improving the user experience for everyone, and applying the relevant accessibility standards.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by OTG.  The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by OTG or used with permission. Otg247.com and all other trademarks appearing on this Site are trademarks of OTG or are licensed or used with permission of the owner by OTG.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may not reproduce, publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of OTG or the owner of such material.

PRODUCT INFORMATION

OTG247s products displayed on the Site are available in select retail locations while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and vice versa. OTG makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.

Reproduction of Products
By visiting our site, you agree not to copy, print, download or otherwise reproduce any part of our products by any means.

Color
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your electronic display, we cannot guarantee that the display of any color will be accurate.

USER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to OTG on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain OTG’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to OTG of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. OTG is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.  You agree that OTG may use and/or disclose information consistent with our Privacy Policy, available on the Site.

INFORMATION ACCURACY

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

LINKS TO OTHER WEB SITES

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which OTG does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website.  Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. OTG makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by OTG. You should carefully review the website terms and privacy policy of any such websites before use.

MISCELLANEOUS

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the U.S. District Court for the Southern District of Florida, unless jurisdictional limits prohibit it.

TERMINATION

This Agreement is effective unless and until terminated by either you or OTG. You may terminate this Agreement at any time. OTG also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in OTG's sole discretion you fail to comply with any term or provision of this Agreement.

MOBILE TERMS & CONDITIONS

OTG offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts, and other marketing offers by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to our PRIVACY POLICY.

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. OTG reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

• Authorize OTG to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

• Acknowledge that you do not have to agree to receive messages as a condition of purchase.

• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. If you get a new mobile number, you will need to sign up for the program with your new number.

• Consent to the use of an electronic record to document your opt-in. 

• Content You May Receive- Once you affirm your choice to opt-in, your message frequency may vary. You may receive alerts about:

• Sale promotions

• Event information

• Product launch announcements

• Cart reminders

• Back in stock alerts

• Price drop alerts

• Low inventory alerts

• Shipment information

Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. SMS consent is not a condition of purchase.

To Stop the Service
To stop receiving text messages from OTG reply STOP to any of the text messages you have received from OTG. This is the exclusive method for opting out. After texting STOP , you will receive one additional message confirming that your request has been processed. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that OTG and its service providers will have no liability for failing to honor such requests.

Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of OTG will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and OTG hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OTG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND OTG AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and OTG are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limitation of Liability
Except where prohibited by law, in no event shall OTG be liable for any special, indirect, or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the program, or the performance or non-performance by OTG or any third-party providers of products or services related to this program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if OTG has been advised of the possibility of such damages.

Applicable Law
Unless prohibited by the laws of your jurisdiction, any controversy or claim arising out of or relating to these Terms & Conditions or relating to the use of the program shall be governed by the laws of the State of Florida, United States of America.

Merger; Waiver; Severability
These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of OTG in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms & Conditions will operate as a waiver thereof. If any provision of these Terms & Conditions is found to be invalid, unenforceable, or void, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected or impaired thereby.

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.

CONTACT US

If you have any questions about these Terms and Conditions, please contact us at talktous@otg247.com.