Terms of Use

Your access to and use of this website located at www.getoffthelist.org, and all features, applications, functionality, services, content, and information contained therein (collectively, the “the OTL Website”) is governed by these Terms of Use (as may be updated by OTL from time to time, the “Terms”). The OTL Website is owned by Off the List™, Inc., an Ohio nonprofit corporation (“OTL”, “us”, “our”, or “we”). By accessing or using the OTL Website, you agree to be bound automatically by these Terms and the terms of OTL’s Privacy Policy available on the OTL Website (collectively, the “Policies”). 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE OTL WEBSITE OR RELATED FEATURES, FUNCTIONALITY, AND SERVICES. YOUR ACCESS TO OR USE OF THE OTL WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.

USE OF THE OTL WEBSITE

You shall not access or use the OTL Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the OTL Website and viewing related materials. You will not upload any viruses or harmful or obscene information to the OTL Website.  You will not access, or attempt to access, any nonpublic features of the OTL Website.

USE OF IMAGES; CREATIVE CONTENT

OTL owns the OTL Website and all related data, materials, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein. The images, materials, and content on the OTL Website are available exclusively for non-commercial, personal, and educational use.  You may only access or view such images, content, and features on a temporary, non-commercial basis for the sole purpose of your personal charitable, education, viewing, or “fair use” (as defined in the United States copyright laws) purposes. Without limiting the foregoing, your use of any such information, content, or images displayed on the OTL Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such images and content. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such content and materials, including all copyright and other intellectual property laws. You agree to not misuse, misappropriate, modify, or alter any such images, information, or content displayed on the OTL Website.  To the extent you use any such images or content in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to OTL, as applicable.

If you submit any ideas, concepts, information, materials, images, or other works or materials (collectively, “User Submitted Content”) to OTL, whether through the OTL Website or otherwise, you agree that (i) OTL shall have no obligation to incorporate such User Submitted Content into the OTL Website or related products or services; and (ii) you hereby grant and upon creation or submission thereof do hereby automatically grant to OTL an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license and right to use, incorporate, and exploit such User Submitted Content for any purpose related to OTL’s charitable purposes. To the extent OTL incorporates any such User Submitted Content, you agree that you shall have no monetary or other rights to any work in which the User Submitted Content is incorporated.

If you have any questions about these restrictions, or if you would like to use any of the images or content on the OTL Website in any way not permitted herein, please contact OTL at darci@getoffthelist.org.

DISCLAIMER OF WARRANTIES

THE OTL WEBSITE, THE INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT OFFERED OR SOLD THROUGH THE OTL WEBSITE, ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS. The OTL makes no representations or warranties related to (i) any images, data, or content contained on the OTL Website; (ii) any information posted on the OTL Website; or (iii) any product sold through or features displayed or offered on the OTL Website.  OTL hereby disclaims all express and implied warranties related to the same.  Without limiting the foregoing, OTL does not guarantee that (a) the OTL Website or the products sold through the OTL Website, will meet your expectations or requirements; (b) the OTL Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the OTL Website will be corrected. 

You acknowledge and agree that the information and services available on the OTL Website are offered for charitable and educational purposes only, and that the same do not constitute medical or legal advice. You should consult an attorney and/or physician for any questions related to the law or medical treatments or processes. Your reliance on the information available on the OTL Website is at your sole risk.

LIMITATION OF LIABILITY

THE OTL IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE OTL WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE OTL WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON THE OTL WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, OTL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE OTL WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OR SERVICES OFFERED THROUGH OR ADVERTISED ON THE OTL WEBSITE EVEN IF OTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF $100.

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 AND JURISDICTION

These Terms, and your use and access of the OTL Website, will be governed by the laws of the State of Ohio. Any dispute related to these Terms, the OTL Website, or the content, products, or materials offered through the OTL Website, will be decided exclusively by the state or federal courts located in Hamilton County, Ohio, and you hereby submit to the exclusive jurisdiction and venue of such courts.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold OTL and OTL’s directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) any unauthorized activity related to your use of the OTL Website or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the OTL Website or images or materials displayed therein using your computer; or (iv) any use of products sold through the OTL Website.