Out The Line USA, Inc. ("OTL" or, "us", "our", "we") provides an end to end solution that changes the way we handle our daily money exchanges through its website (the “Site”) and/or proprietary application (the “Application”). These Terms of Service ("Terms") govern your access and use of the Application, Site and all content (“Content”, as further defined below), services available through the Site as well as of our Application (together, the "Services"). Please read these Terms carefully. These Terms govern your access to and use of the Site and/or Services. By clicking on the button marked "I agree" you signify your assent to both these Terms and our Privacy Policy, which is available at http://www.OTL.doc. Changes may be made to these Terms from time to time. Your continued use of the Application, Site or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Application, Site or Services.
You may use the Application, Site and Services, for your personal use only. You shall not use the proprietary Application to provide any services to any third party, and you shall not make any commercial use of any Content. OTL may in its sole discretion and at any time, discontinue providing any part of the Application, Site or Services without noticehttps://stripe.com/docs/security Use of the Services and access to the Application and Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Application, Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
We may allow you to register or otherwise use the Application, Site or Services through third party login services (such as Facebook). If you choose to login or register through such third party services, you agree to the terms and conditions of all such third party services. You acknowledge that the use of third party services to login or register for the Application, Site or Services may provide us with access to certain information and data that you have provided to such third party service (according to the terms and conditions of such third party service) and you expressly agree to our use of such data or information in accordance with these Terms and Privacy Policy. We store user names, email addresses and order details. Credit card https://stripe.com/docs/security.
If you do not use a third party login service you will create an OTL account. Your account allows you to use the Application, Site and Services, subject to these Terms and our Privacy Policy. OTL reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish with the Application, Site or Services, all at its sole discretion.
To create an account, you must provide information as may be requested by OTL. All information provided during the registration process must be accurate, and you agree to keep such information updated.
You agree to immediately notify OTL of any unauthorized use of your OTL account or password. You are fully and solely responsible for the security of your mobile device or computer system and all activity on your account, even if such activities were not committed by you. OTL will not be liable for any losses or damage arising from the unauthorized use of your account or password, and you agree to indemnify and hold OTL harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@outtheline.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Application, Site and/or Services.
OTL may terminate your account if you violate any of these Terms. Upon termination of your account, you shall not have any further access to the Application, Site or Services that may be available through your account
If OTL believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination
You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used with the Application without our prior written authorization; (2) Circumvent, disable, or otherwise interfere with security related features of the Application or the Site; (3) Use the Application, Site or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application, Site and/or Services; (5) Use or access another user’s account or password without permission; (6) Use the Application, Site, Services or Content thereon in any manner not permitted by these Terms.
OTL owns the Application, including all worldwide intellectual property rights. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application or on the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of OTL or any third party
Your use of the Application is at your sole discretion and risk
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPLICATION, SITE, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION, SITE AND SERVICES; OR (II) THAT THE APPLICATION, SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION, SITE AND SERVICES
We take no responsibility for third party advertisements which are posted on or around the Site, nor do we take any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, 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.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Application, Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's handheld device or computer related to or resulting from participation or downloading materials in connection with the Site.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE APPLICATION, SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.
Portions of the Applicartion or Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Application or Site may also provide you with links to access the sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, OTL cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. OTL is not responsible for content or or any services available by means of such sites. OTL does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites
You agree to indemnify, defend, and hold harmless OTL and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your hand-held device, computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Application or Site including any message you transmit; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
This provision only applies in respect of the version of the Application used on devices of Apple, Inc. This Agreement is an agreement between you and OTL. Apple has no responsibility for the Application, including in respect of claims of intellectual property infringement, product liability or that the Application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Application and has no obligation to provide support in respect of the Application. All claims in respect of the Application must be directed to OTL and not to Apple. Your use of the Application must be in compliance with the App Store Terms of Service, and you may only use the Application on an iPhone that you own or control as permitted by such terms. In the event the Application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the Application to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules.. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against OTL must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and OTL or enables you to act on behalf of OTL. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules.. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against OTL must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and OTL or enables you to act on behalf of OTL. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
You and OTL agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the American Arbitration Association (AAA) and under the terms set forth in these Terms. The arbitration will be conducted in New York, NY unless the parties agree to video, phone and/or internet connection appearances. In the event of a conflict between the terms set forth herein and the AAA Rules, the terms herein will control and prevail.
Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and OTL will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and OTL may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
You and OTL agree that any arbitration shall be limited to the Claim between OTL and you individually. YOU AND OTL AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and OTL agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or OTL’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay the AAA arbitration initiation fee. If OTL initiates arbitration for a Claim, we will pay all costs charged by AAA for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.