Otter

General Terms and Conditions of Use

These General Terms and Conditions of Use ("Terms") are entered into by and between you and Otter Fashion, a division of Red Diamond Worldwide, LLC ("Otter Fashion"). In consideration of your use of and access to this Internet site (the "OtterFashion.com Site"), and the promises and obligations herein, and intending to be legally bound, you and Otter Fashion hereby agree as follows:

Your access to and use of the OtterFashion.com Site is subject to these Terms, which incorporate the separately posted Privacy Statement, as well as any modifications to them issued by Otter Fashion and all applicable laws and regulations. BY USING THE OtterFashion.com SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the OtterFashion.com Site.

Among other things, the OtterFashion.com Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the OtterFashion.com Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the OtterFashion.com Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms.

Otter Fashion shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the OtterFashion.com Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the OtterFashion.com Site. You are responsible for reviewing the OtterFashion.com Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Otter Fashion to these Terms. ANY ACCESS OR USE OF THE OTTERFASHION.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Otter Fashion shall be valid or enforceable against Otter Fashion unless expressly agreed to by Otter Fashion in a writing signed by a duly authorized officer of Otter Fashion.

3. Termination.

These Terms are effective until terminated by Otter Fashion. Otter Fashion may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the OtterFashion.com Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Otter Fashion shall also have the right without notice and at any time to terminate the OtterFashion.com Site or any portion thereof, or any products or services offered through the OtterFashion.com Site, or to terminate any individual's right to access or use the OtterFashion.com Site or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the OtterFashion.com Site and your purchase of the items on the OtterFashion.com Site. You must be at least 18 years old to use the OtterFashion.com Site.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the OtterFashion.com Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions, or typographical errors or may be out of date. Otter Fashion may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Otter Fashion in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Otter Fashion or by third parties that have licensed their use to Otter Fashion. You may view and use the Content only for your personal information and for shopping and ordering on the OtterFashion.com Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Otter Fashion does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the OtterFashion.com Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Otter Fashion, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Otter Fashion copyright agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the OtterFashion.com website, including the Otter Fashion Item number, if applicable;
• Your address, telephone number, facsimile number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Otter Fashion Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: Legal@OtterFashion.com or

Attn: Legal Department
Otter Fashion
1579-F Monroe Drive NE #346
Atlanta, Georgia 30324-5028

6. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including Otter Fashion vendors, do not constitute sponsorship, endorsement, or approval by Otter Fashion of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Otter Fashion, and Otter Fashion is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Prices; Orders.

All prices displayed on the OtterFashion.com Site are quoted in U.S. dollars. Otter Fashion may restrict delivery to addresses within and outside of the United States. Otter Fashion will add shipping and handling fees and applicable sales/use tax. Otter Fashion reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the OtterFashion.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the OtterFashion.com Site do not imply endorsement of that product or service, or constitute a warranty, by Otter Fashion.

The receipt by you of an order confirmation does not constitute Otter Fashion's acceptance of an order. Prior to Otter Fashion's acceptance of an order, verification of information may be required. Otter Fashion reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Otter Fashion, for any reason. Otter Fashion reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Otter Fashion shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Otter Fashion shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by Otter Fashion pass to you upon Otter Fashion's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Otter Fashion's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.

8. Disclaimer and Limitation of Liability as to the OtterFashion.com Site and Content.

OTTER FASHION MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE OtterFashion.com SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. OTTER FASHION ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE OtterFashion.com SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OtterFashion.com SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE OtterFashion.com SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE OtterFashion.com SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL OTTER FASHION, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE OtterFashion.com SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF OTTER FASHION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disclaimer and Limitation of Liability as to Products and Services.

We want you to be completely satisfied with your OtterFashion.com purchase. If for any reason you are not entirely pleased with a product you purchased on the OtterFashion.com Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price excluding shipping and handling fees. Refunds will be issued in the same method as the order was paid. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.

ALL PRODUCTS AND SERVICES SOLD BY OTTER FASHION ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, OTTER FASHION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, OTTER FASHION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE OtterFashion.com SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL OTTER FASHION, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE OtterFashion.com SITE, EVEN IF OTTER FASHION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OTTER FASHION'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

10. Indemnification.

You agree to defend, indemnify, and hold harmless Otter Fashion, Otter Fashion's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the OtterFashion.com Site. The foregoing indemnification obligation shall survive termination of these Terms and the OtterFashion.com Site and any product or service provided to you arising out of or relating to your use of the OtterFashion.com Site.

11. Submissions.

Except as otherwise expressly provided herein or in the Otter Fashion Privacy Statement posted on the OtterFashion.com Site, any communication or material you transmit to the OtterFashion.com Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Otter Fashion, Otter Fashion vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Otter Fashion, Otter Fashion vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the OtterFashion.com Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

12. Miscellaneous.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Otter Fashion of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Otter Fashion shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the OtterFashion.com Site shall not be construed as Otter Fashion's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Georgia. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions. Additionally, any claims brought against Otter Fashion shall be governed by and construed in accordance with the laws of the State of Georgia. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on OtterFashion.com, shall be in the state or federal courts located in De Kalb County Georgia.