User’s Acknowledgment and Acceptance of Terms

OTB Retail Systems provides the myotbplan.com site and various related services (collectively, the “site”) to you, the subscriber, subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using this site, you agree to be bound by these terms of use. If you do not wish to be bound by the these terms of use, please exit the site now. Your remedy for dissatisfaction with this site, or any products, services, content, or other information available on or through this site, is to stop using the site.  Your agreement with us regarding compliance with these terms of use becomes effective immediately upon commencement of your use of this site.

Privacy:  Personal Information

The personal, company, financial information collected for your subscription will not be shared with or available to anyone outside of OTB Retail Systems.  We will use your information to make the monthly subscription charge and may contact you by email with updates, reminders, or other information directly concerning your use of myotbplan.com.  Your information will not be used to solicit you or sell you additional products unless they are directly related to improving your experience with myotbplan.com.

Privacy:  Data

The data entered by you or your assigns will be available only to you and will be password protected.  OTB Retail Systems will only have access to your data with your consent and your permission to use your password (which can be changed on your Profile page within the site after each support session (should you chose to do so).

Limitation of Liability

OTB Retail Systems warrants that myotbplan will produce an accurate buying plan that if followed will improve the subscribers buying, inventory position and cash flow as stated in our Performance Guarantee.  OTB Retail Systems states and subscriber acknowledges that the results of using myotbplan are only as good as the data entered and the timeliness of those entries.  OTB Retail Systems is in no way responsible for the upkeep of the data in the program.  This is the sole responsibility of the subscriber.  The subscriber agrees to be charged and pay the subscription fee every month whether the data is maintained or not.  The subscriber acknowledges that it is his responsibility to contact OTB Retail Systems concerning any change in status with regard to myotbplan.com.

OTB Retail Systems takes no responsibility beyond the above and subscriber acknowledges understanding of this and agrees that no action of any kind will be taken by the subscriber or any of their assigns, partners, family or heirs against OTB Retail Systems or it’s owners personally or severally.

OTB Retail Systems hopes the subscriber will use myotbplan regularly and benefit greatly, but should that not happen, the responsibility is with the subscriber to seek our free support to correct any problems in data entry, understanding or site usage.  If subscriber has used the site beyond the initial four month period, their only recourse beyond seeking our help is to cancel their subscription and discontinue their use of myotbplan.com.

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.

Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.

Use of myotbplan.com

Subscriber expressly agrees not to copy, reproduce, transmit or expose any part of myotbplan.com to any other company, entity or individual.  Subscriber understands that the data and buying plan developed by myotbplan.com is specifically for use in subscriber’s retail operation.  If subscriber discloses any part of myotbplan.com to parties or entities that are not specifically part of subscriber’s retail business, they may be liable for any and all damages arising from said disclosure.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of OTB Retail Systems and/or its Affiliates. You are only permitted to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from OTB Retail Systems, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of OTB Retail Systems or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of OTB Retail Systems, myotbplan.com or its Affiliates.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password (except for support if you want us to review your data). You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at mort@otb-retail.com, if by email, or at OTB Retail Systems 1115 25th Street, Unit E, Santa Monica, CA 90403 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Subscription Application. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Blog and Message Board Terms of Use

OTB Retail Systems may offer the use of its blogging and message board services (along with the content posted thereon) subject to the terms and conditions of use contained herein. By accessing, creating or contributing to any blogs or messages hosted by us, and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.  You understand that all content posted to the Blog is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as our representatives or any of our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect our opinions.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Contact Information

Except as explicitly noted on this site, the services available through this site are offered by OTB Retail Systems located at 1115 25th Street, Unit E, Santa Monica, CA 90403. Our telephone number is (310) 829-5148. If you notice that any user is violating these Terms of Use, please contact us at mort@otb-retail.com.

Subscription Information

By filling out the form below, you are merely indicating your interest in becoming a subscriber to myotbplan.com. The cost per store is $150 / month and includes 30 departments. Additional departments are available at 10 departments for $25/month.

We will call you (if you are in the US) or email you with additional information and ask for your credit card information as the subscription cost is charged to your credit card automatically every 30 days.

There is no contract and every subscriber is covered by our Performance Guarantee. The system is supported from 9AM to 7PM PST 365 days a year and you are encouraged to call as often as you have questions.

You will be required to read our general instructions before you begin filling in your data and there is detailed information about each screen on the screen you're working by simply clicking the Help icon at the top.

The program is easy to use, accurate, affordable, accessible, supported and guaranteed. It's simply the best open to buy plan available. We will contact you as soon as we received your information. Please be complete.

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