Last Updated: November 26, 2017
Agreement to Terms
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and Project OTY will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Because we constantly improve the Services, we may change or discontinue any part of the Services, at any time and without notice.
Signing Up for the Services
You must be at least 13 years old to use the Services.
Before you can use the Services, you’ll need to have an account. You may either create an account yourself, or your school or employer working with Project OTY may create an account for you.
Please provide accurate and complete information when creating your account and for the duration that you use the Services. You are responsible for any actions that take place while using your Project OTY account. Once logged in to the Services, individual users will have access to personalized “roadmap” information. This information may be sensitive, so it’s important to keep your username and password secure. You’re responsible for all activities that occur under your account, whether or not you know about them.
How the Services Work
The Services allow you to create personalized life plans and goals, summarize personal thoughts, actions, steps and information designed to help you better articulate your vision, enroll others and to ultimately stay accountable to your “roadmap” which you may choose, at your discretion to share with others or not.
All materials included on the Services, such as videos, graphics, reports, data provided by Project OTY, the software powering the Services, and any other materials available through the Services (“Materials”), are the property of Project OTY or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
Project OTY and other trademarks and logos that we use are trademarks of Project OTY. Any third-party trademarks that appear on the Services are the property of their respective owners. You may not use any of these trademarks without express written permission from Project OTY or their owners.
You acknowledge that the Services are provided for evaluation and beta testing purposes only. You agree to provide Project OTY with your opinion, feedback, and evaluation of the Services (“Feedback”). Company will own all right, title, and interest in and to the Feedback, and you hereby assign all rights in and to the Feedback to Project OTY.
Use any manual process or robot, spider, scraper, or other automated means to collect information from the Services or from users of the Services;
Use the Materials or other data or information from the Services for commercial purposes;
Mirror any Materials contained on the Services or any Project OTY server or use framing techniques to enclose the Services or any part thereof;
Circumvent any of the technical limitations of the Services;
Interfere with or prevent access to the Services by other users, or impose an unreasonable service request or usage load on our infrastructure;
Change or remove any copyright, trademark, or other proprietary notices on the Materials or Services;
Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
Use any metatags or any other hidden text incorporating Project OTY’s name or trademarks in any online site or posting;
Solicit, trace or otherwise collect any information from users or visitors of the Services;
Use the Services for commercial activities such as contests or advertising; or
Create a database by downloading and storing the Materials.
By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and Project OTY may be recorded.
Copyright Infringement Notice Procedure
Project OTY respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, then please contact us at Jeff@ProjectOTY.com and provide the following information:
A description of the copyrighted work that you believe has been infringed;
A description of what the allegedly infringing work is;
A description of the location where the allegedly infringing work is located on the Services;
An address and phone number where you can be contacted, including an email address if possible;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
Termination; Cooperation with Law Enforcement
You may cancel your account at any time. Upon termination, we have no obligation to maintain, store or transfer any data that you have on the Services. However, we may retain User Data as permitted or required by any state or federal law.
The Services are in beta testing and therefore not at the level of performance or compatibility of a final, generally available product offering. The Services may contain defects or deficiencies, some of which cannot or may not be corrected. You acknowledge that all use and testing performed by you of the Services are done entirely at your own risk. THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.
Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROJECT OTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL PROJECT OTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR MATERIALS EXCEED $5,000.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Project OTY and you.
Arbitration Agreement and Class Action Waiver
You and Project OTY each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Project OTY will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
Limitations on Claims. Any cause of action or claim you may have with respect to Project OTY or the Services (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
You may contact us at Jeff@ProjectOTY.com or 503-332-3524.