Terms of Use

WE UPDATED OUR TERMS OF USE AGREEMENT EFFECTIVE JUNE 15, 2016

 TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEBSITE (THE “WEBSITE”).

BY USING OR ACCESSING THE WEBSITE, YOU (“USER”, “YOU”, “YOUR” AND SIMILAR TERMS) ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE OTG PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

BEFORE PROVIDING US ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU MUST AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE OTG PRIVACY POLICY) BY CLICKING ON THE “I AGREE” CHECKBOX TO ACKNOWLEDGE YOUR CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR OTHERWISE CONSENTING. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE “I AGREE” CHECKBOX OR OTHERWISE ENTER OR PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE.

OTG Experience, LLC, a Delaware limited liability company (together with its affiliates, “OTG” and also referred to herein as “we”, “us”, “our” and similar terms) is the owner and operator of the Website.

As used in this Agreement, the terms “you” or “your” refer to you, the user of this device. The term “user” may refer to you and other users of the device more generally.

 

Eligibility and User’s Warranties and Representations.

The Website is directed toward and designed for use by persons aged thirteen (13) years or older. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU CANNOT USE THIS WEBSITE WITHOUT THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN.

 

Fraud.

Without limiting any other rights or remedies available to us, we may suspend or terminate your use of the Website if we determine that you have engaged in fraudulent activity in connection with your use of the Website.

Links to Third Party Websites; Prohibition on Certain Third Party Websites.

We may provide links from the Website to web pages which are not part of the Website. These web pages are not under our control and we are not responsible for the information or links to other web pages you may find there. We are providing the links from the Website only as a convenience. The presence of these links on the Website is not intended to imply our endorsement of the other web pages but to provide a convenient link to the web pages managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of web pages to which the Website only provides links.

 

User Information.

“User Information” is defined as any information or other material you provide to us or others in connection with your use of the Website, if any. Except as otherwise described or provided in our Privacy Policy, (i) you are solely responsible for User Information, and (ii) we act as a passive conduit for the online distribution of User Information. We reserve, however, the right to modify or remove from the Website, all or any portion of User Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User Information or other materials for any other reason consistent with the purposes of this Agreement or the Website.

 

Intellectual Property Rights.

The contents of the Website are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Website, in order to obtain information or engage in other activities available through the Website. This limited right and license does not include any of the following: (i) any rights of resale or commercial use of the Website or its contents; (ii) any right to collect and/or use of any of the Website’s descriptions, properties or prices for commercial use; (iii) any rights of derivative use of the Website or its contents; (iv) any right to download or copy account or other information for the benefit of any third party; or (v) any use of data mining, scraping, robots, spiders, crawlers, or similar data gathering and extraction tools. Neither the Website nor its content or any portions thereof may be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent or the consent of the owner of such materials. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) on the Website owned by us or any third party without the express written consent of the owner. You may not use any meta tags or any other “hidden text” utilizing names or trademarks that are owned by us or any other third parties without the express written consent of the owner. Any unauthorized use of the Website terminates the permission and license granted by us. You may not use any logo or other proprietary graphic or trademark on the Website without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Photos, Videos, and Text.

Certain pages on the Website may allow you to create or post videos, audio, photographs, text, or other content (“Content”).  The Website may store such Content.  Unless otherwise specified, you may only use the Website to create or post Content with the Website if you are a resident of the United States and thirteen (13) years of age or older.  You may only post Content to the Website that you created or that the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to OTG.  You may not create, post, or distribute Content that is illegal or that violates this Agreement.  By creating, posting or distributing Content with the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content with the Website and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By creating, submitting, or posting Content with the Website, you grant OTG the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium.  Once you create, submit, or post Content using the Website, OTG does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  OTG owns all right, title, and interest in any compilation, collective work, or other derivative work created by OTG using or incorporating Content created, submitted, or posted using the Website. You are solely responsible for anything you may create with or post on the Website and the consequences of creating or posting anything using the Website.

 

Breach.

Without limiting other rights or remedies available to us, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

 

Privacy.

Our current Privacy Policy is available on the Website at the following link http://otgexp.com/privacy-policy/ and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

 

Disclaimers.

While we make reasonable efforts to provide accurate and timely information about OTG on the Website, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about OTG. The material on the Website could contain technical inaccuracies or typographical errors. We may make changes or improvements at any time.

OTG does not guarantee that the functions contained in the Website will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if OTG is aware of them.

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT WITH YOU, WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE OPERATION, FUNCTION, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, APPLICABILITY OR COMPLETENESS OF THE CONTENTS OF THE WEBSITE.

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT WITH YOU, WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY WEB PAGES TO WHICH LINKS ARE PROVIDED FROM THE WEBSITE. ALL LINKS ARE FOR YOUR CONVENIENCE ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Limitation of Liability.

YOU WAIVE THE ABILITY TO ASSERT A CLAIM AGAINST US MORE THAN ONE (1) YEAR AFTER THE FIRST EVENT OR FACT THAT GAVE RISE TO THE CLAIM. in no event SHALL WE be held liable to YOU OR any OTHER party for any indirect, incidental or consequential damages (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER We WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,000; OR (2) TWICE THE AGGREGATE AMOUNT PAID OR PAYABLE BY YOU TO US PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT OR FACT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Indemnity.

You agree to indemnify, defend and hold OTG, its subsidiaries and affiliates, and each of their respective officers, directors, members, agents, owners, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through the Website; (vi) your nefarious or other inappropriate use, as determined in our sole discretion, of any third-party websites while accessing the Website; and (vii) your use of the Website or the products or services of us or any third party. Notwithstanding the foregoing, this provision does not apply to claims resulting solely from our gross negligence or willful misconduct.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at the following address:

OTG EXPERIENCE, LLC

c/o OTG MANAGEMENT

335 West Butler Avenue, Suite 120

Chalfont, PA 18914

Attn: General Counsel

and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given three days after the date of mailing. If you have any issues regarding copyright infringement on the Website, please review and comply with our DMCA Notice, available here or at the following link: http://www.otgmanagement.com/dmca.html

 

Arbitration.

Except as otherwise provided in a written agreement with you, any controversy or claim, whether based in contract, tort, statute, regulation or otherwise, between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of the Website, shall be adjudicated by binding arbitration, before a single arbitrator, in accordance with the Comprehensive Arbitration Rules & Procedures of JAMS (or any successor of that organization in effect at the time the arbitration is initiated) which shall administer the arbitration.

If you decide to initiate arbitration, OTG agrees to pay the filing fee required by JAMS to initiate your arbitration (up to $250.00) and to pay the costs of the arbitration proceeding. You may hire an attorney to represent you. Each party shall bear its own costs and expenses related to such arbitration, regardless of which party prevails, but a party may recover any or all of its costs and expenses from the other party to the same extent as in court. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered by any court of competent jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration. The parties hereby agree the arbitration will be held at the JAMS office closest to where you live or work, New York, New York, or any other location where we agree to hold the arbitration.

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16. You and OTG agree that this section is intended to satisfy the writing requirement of the FAA. The FAA will apply even though this agreement provides that it is governed by the law of New York. YOU HEREBY WAIVE THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You hereby acknowledge that you have read and understood the implications of this provision.

NO CLASS ACTIONS. Any controversy or claim will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or proceedings that involve any claim or controversy by you or any other person or party. You and OTG expressly intend and irrevocably and voluntarily agree that each will not assert a class action or representative action against the other in arbitration, in court or otherwise. You further agree that you do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any controversy or claim filed in either court or submitted to arbitration. This provision is material and essential to the arbitration of any controversy or claim, and is non-severable from this agreement to arbitrate.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Choice of Law, Venue.

This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies arising hereunder, shall be governed by and construed in accordance with the applicable laws of the State of New York (without regard to principles of conflicts of law other than Section 5-1401 of New York’s General Obligations Law). The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of New York. The state and federal courts in New York, New York shall serve as the exclusive jurisdiction for any and all claims for interim or preliminary relief, as well as to enforce the confidentiality of arbitration, as set for herein, and each Party hereby irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of or in any way related to this Agreement, in the state and federal courts located in New York, New York, and hereby further irrevocably and unconditionally waives its right and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Non-waiver.

Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches. The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement if any other portion or provision of this Agreement is deemed invalid or unenforceable.

 

Additional Terms of Use and Privacy Policy Terms.

You acknowledge and agree that we have operations and provide certain services within airports and elsewhere throughout North America, and your use of or participation in such operations and/or services is subject to the terms and conditions related thereto including any terms of use agreements and/or privacy policies applicable thereto. You acknowledge and agree that such terms of use agreements and/or privacy policies may be different than this Agreement and the Privacy Policy referenced herein and such terms shall apply to such operations, services and/or activities to the extent that you elect to use or accept the same.

 

Entire Agreement; Amendment.

This Agreement contains the entire agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. We will post any changes to this Agreement on the Website. Please consult this portion of the Website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the Website after we post any changes to this Agreement on the Website, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you are not permitted to and should not use the Website. This Agreement applies to your use of the Website and other websites or device programs that we may own or operate in the future, unless such websites or device programs provide otherwise.

 

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

 

Updated, Effective as of June 15, 2016

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