TERMS OF USE

Effective May 11, 2019

Thank you for using OTCPRWIRE.COM

YOUR USE AND/OR ENGAGEMENT WITH US, THIS WEBSITE, OR ANY PART(S) THEREOF (“NMW”), CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS OF USE (“TOU”).

The words “we”, “our”, “us”, “Company” or “OPW” shall mean OTC PR WIRE, its parents, affiliates subsidiaries and related entities.

The words “Submitted Materials” shall mean any content, copy, audio visual content or other material uploaded and submitted by customers of the Service.

Because we may modify the Terms from time to time without notice to you, we encourage you to revisit these Terms on a regular basis, to ensure that you are aware of your current rights and responsibilities.  Any changes we make to these Terms will be effective immediately after we post any modified TOU. If, at any time, these TOU are no longer acceptable to you, you should cease using our Services immediately.

The Following Terms and conditions govern your use of the press release distribution and related service(s) (collectively, the “Service”):

1.Use

A.  You are responsible for the content and accuracy of all news copy and other information submitted by you to OPW or entered into the Service (the “Submitted Materials”). Because of the volume of information and copy submitted to OPW, we cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow our editorial guidelines which can be found on NewMediaWire.com and are subject to change at any time in our sole discretion.

B.  We reserve the right to remove any press release from our website, pull any press release from distribution, or deny approval to any press release. OPW can only remove Submitted Materials from its network, and OPW, makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the OPW network.

C.  We endeavor to disseminate Submitted Materials promptly and accurately. Any inadvertent errors solely within our control will be corrected promptly upon discovery, without additional charge.

D.  All Submitted Materials transmitted on our Service must contain a user-supplied contact name, phone number and e-mail address that may be verified by OPW..

E.  We are not responsible for Submitted Material in any way, including without limitation, any copyright, trademark, publicity, privacy, contract or other rights clearance, or the accuracy, timeliness, integrity, quality, safety, appropriateness or other aspect of any information or other content contained therein.  You are solely responsible for verifying the accuracy and completeness of Submitted Material, and for determining if any permission is necessary to use the Submitted Material, and, if so, for securing those permissions prior to your use of the Submitted Material.  If you choose to rely on or otherwise use Submitted Material in any way you do so solely at your own risk and without any representation or warranty whatsoever from us.

F. We do not warrant specific placement of any news release nor pick up by third parties of any news release on our wire, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.

G.  You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not use the Service to harass, “cat-fish”, or aid in any illegal activities. You shall not reproduce, distribute, “frame”, “mirror”, “scrape”, republish or retransmit, query, spider or use any robot to access any OPW, systems or content without our express written consent. You shall not access OPW though an unauthorized interface or disproportionally large load on OPW systems or infrastructure.

H.  You agree not to use the Service to provide material support or resources to, or conceal or disguise the disguise the nature, location, source, or ownership of material or resources of, any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

 

2.Suspension, Termination

We may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of our other rights or remedies, we reserve the right to suspend your access to the Service, without liability to you.

 

3.Billing

A.  You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

All payment obligations are non-cancelable and all amounts paid are nonrefundable.

You must provide us with valid credit card information to use the Service. We reserve the right to modify its fees and charges and to introduce new charges at any time.

B.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on our income. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address:

OTC PR WIRE, LLC 20860 N. Tatum Blvd Suite 300, Phoenix AZ, 85050

C.  You agree to provide us with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service in addition to any other legal remedies.

D. Unless otherwise agreed to by OPW, amounts will be billed in U.S. dollars.

E.  CHARGEBACKS.

As stated above, ALL PAYMENTS ARE FINAL, therefore, in the event of a credit card chargeback, we reserve the right to:

  1.  immediately cancel your account;
  2.  submit a dispute of your chargeback to your credit card company; and
  3.  no longer allow you to use our Services.

4. Warranties; Limitation of Liability

A.  You represent and warrant to us, that (i) you have the right to deliver the Submitted Materials to OPW., (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.

B.  COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.

C. Company’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

5.  Indemnification

A.  We will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than Company. or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by Company, where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.

B.  You shall indemnify (“Indemnitor”) and hold harmless Company (“Indemnitee”), its affiliated companies and its third-party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.

C.  Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.

D.  If a claim regarding the Service and alleging infringement is brought or is likely, in our sole discretion, to be brought, Company may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that Company, promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.

 

6.  European Union (“EU”) Privacy Laws:

Company shall maintain appropriate administrative, physical and technical safeguards designed to protect the security of the Services and Personal Information.  You hereby consent to transfer your data to the U.S. pursuant to the standard data protection clauses promulgated by the European Commission (“EC”), a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.

Please see our Privacy Policy for more information on Company’s compliance with new EU privacy standards.

 

7.  Miscellaneous

A.  OPW facilities are governed by U.S. Federal and State regulations.

B.  OTC PR WIRE is a trademark or registered trademark of Company, and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Company, and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Company; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Company, in connection with the Service. All rights not expressly granted to you herein, are reserved by Company.

C.  You shall not hold yourself out as in any way sponsored by, affiliated with, or endorsed by Company, or its subsidiaries or affiliates. You agree not to (i) defame or disparage Company, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.

D.  You consent to receive communications from Company, concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Company sends communications by notifying us, in writing (which may be by email).

E.  By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights. Company reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.

F.  You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.

G.  Company reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

H.  You acknowledge and agree that you and Company are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

I.  This Agreement shall be governed by and construed under the laws of INDIANA exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of INDIANA, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

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