NOTICE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE INCLUDING THE PAGES IN IT (THE "WEBSITE") WHEREVER IT APPEARS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE WEBSITE.

COPYRIGHT © OTOLABS, LLC, 2007. ALL RIGHTS RESERVED.

Except for the OTOlabs products that may be downloaded from this Website ("Downloadable Products") and the depictions of the Downloadable Products on this Website, which Downloadable Products and depictions are owned by the clients for which OTOlabs developed the products, all works of authorship contained in the Website including but not limited to all design, text, sound recordings and images, are owned, by OTOlabs, LLC, or its affiliates, including its parent One to One Interactive, Inc. (collectively, "OTOlabs"), and including ThinkDesktop, LLC. Except as otherwise stated therein, no work of authorship may be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without OTOlab’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of OTOlabs’ and its clients’ proprietary rights, provided that you may download the information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

TRADEMARKS
"One to One to Interactive," "OTOi", "OTOlabs," "ThinkDesktop", "PolyThink" and "inDesktop" are trademarks and service marks of One to One Interactive, Inc., and are used throughout the world. Other featured words or symbols, used to identify the source of goods or services, may be the trademarks of their respective owners.

USE OF INFORMATION AND MATERIALS
The information and materials contained in the Website, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of OTOlabs’ Websites and systems including but not limited to unauthorized entry into OTOlabs’ systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. You agree that you will not engage in any activities related to the Website that are contrary to applicable law.

LINKS
Links to websites controlled or offered by third parties (non-affiliates of OTOlabs) are provided solely as pointers to information on topics that may be useful to users of this Website. OTOlabs has no control over the content on such websites. OTOlabs makes no warranties, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does OTOlabs warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. OTOlabs does not guarantee the authenticity of documents on the Internet. Links to third party sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

DOWNLOADABLE PRODUCTS
The Downloadable Products are owned the clients for which OTOlabs produced them. Your rights to use any of the Downloadable Products are subject to any license, privacy policy, or terms and conditions contained or referenced in those products.

LINKS TO AFFILIATE WEBSITES
The Website may contain links to websites controlled or offered by OTOlabs affiliates which websites may contain terms and conditions that are different from these terms and conditions. You should read the terms and conditions on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions contained in such website.

NO WARRANTY.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" "AS AVAILABLE". OTOlabs IS NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. OTOlabs DISCLAIMS ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL OTOlabs BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER OTOlabs HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

SUBMISSIONS.
All information submitted to OTOlabs via the Website shall be deemed and remain the property of OTOlabs and OTOlabs shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Website provides OTOlabs through the Website. OTOlabs shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the OTOlabs in its privacy policy applicable to this Website or as required by law.

AVAILABILITY
The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

ENFORCEABILITY AND GOVERNING LAW
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.

EFFECTIVE DATE. These terms and conditions are effective April 25, 2007.