By using the Offtoa Software and Services, you agree that their use is entirely at your own risk. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SOFTWARE OR SERVICES. SPECIFICALLY, OFFTOA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER OFFTOA NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SOFTWARE OR SERVICES OR INABILITY TO GAIN ACCESS TO THE SOFTWARE OR SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF OFFTOA, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Offtoa administers and operates the Offtoa Software from its location in Colorado Springs, Colorado, USA. Offtoa reserves the right to limit, in its sole discretion, the provision and quantity of any Services to any person or geographic area. If you choose to access the Software from outside the United States or use the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You specifically acknowledge and agree that the entire risk arising out of the use of the Software and Services remains solely with you, to the maximum extent permitted by law.
You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or Services without prior written consent of Offtoa; (ii) lease, sublease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or Services by any means whatsoever; (iv) remove or alter any copyright, trademark and/or other proprietary notices contained on or in the Software or Services; (v) use the Software or Services for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes, and (vi) attempt to hack, destabilize or adapt the Offtoa Software or Services or alter another website so as to falsely imply that it is affiliated with Offtoa.
When you use the Services and Software, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You agree that the information you provide to Offtoa is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Offtoa.
You agree not to access or attempt to access the Services by any means other than the interface provided by Offtoa or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
Offtoa™ and OfftoaScore™ are among the trademarks and/or service marks owned by Offtoa, Inc. and no license (either express or implied) is granted by Offtoa, Inc. except as noted herein. This list is not exhaustive, and Offtoa may own other trademarks and service marks that are not included here. All other products and company names mentioned in the website may be registered marks or other trade or service marks of their respective owners.
You agree to indemnify and hold Offtoa, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Offtoa by any third party due to or arising out of or in connection with your use of the Software or Services.
Offtoa reserves the right to change the Software or Services including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this website might take you to other websites for which Offtoa assumes no responsibility of any kind for the content, availability or otherwise. The content presented at this website may vary depending upon your browser.
Any feedback you provide to Offtoa on any matter, including, but not limited to, its website, its Software, and its Services shall be deemed to be non-confidential. Offtoa shall be free to use such information on an unrestricted basis.
Customers who select the Choice Subscription Plan are billed monthly in two parts: (a) a fixed access fee per month, paid in advance of the month, and automatically charged to your credit card on file. Includes storage for up to one plan at a time. (b) a usage fee, based on the number of plans actually used each day during the month, paid at the completion of a month of service, and automatically charged to your credit card on file. Note 1: For the purposes of the Choice Subscription, a "day" is defined as the 24-hour period between two consecutive midnights MST (or MDT). Note 2: Choice Subscription Billing is designed for customers with short-term needs, and is not an ideal option if you have long-term needs or a large number of plans. Note 3: Billing continues until you terminate your subscription online or by contacting us. Note 4: Refunds are not provided for unused services.
Customers who select Starter, Essentials and Ultimate Subscription Plans are billed annually in advance of the year, and automatically charged to your credit card on file. Billing continues until you terminate your subscription online or by contacting us. Refunds are not provided for unused services.
Some banks and credit card companies impose fees for international transactions. If you are making a purchase from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the My Account page on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank. Offtoa is not responsible for any fees.
Offtoa has adopted a policy of terminating, in appropriate circumstances and at Offtoa's sole discretion, subscribers whose payments are in arrears. Subscribers may terminate their accounts at any time online or by contacting us. Refunds are not provided for unused services. Reactivation of a terminated account requires payment of all charges and fees in arrears and all charges and fees that would have incurred since termination had the account not been terminated.
Last updated March 3, 2015. Replaces all earlier versions in their entirety.