Last modified: 08/05/2019
Definitions: The following Terms are used from time to time and have the following meaning:
- “Content,” means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- “Health Care Provider(s)” means health care provider(s) who provide educational consultation services (not medical services) to customers through the Oridon Medical Site, who may not hold a current license in your state.
- “Oridon Medical,” means Ondello, Inc. (dba “Oridon Medical”) (including any subsidiaries that Ondello, Inc. may form or acquire in the future). We also refer to Oridon Medical as “we,” “us” and “our.”
- “Oridon Medical Entities,” means Oridon Medical and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- “Oridon Medical Site,” means www.OridonMedical.ca, any Oridon Medical Apps, and all related functionality, services, and Content offered by or for Oridon Medical on or through www.OridonMedical.ca and the Oridon Medical Apps or the systems, servers, and networks used to make the Oridon Medical Site available.
- “Oridon Medical Apps,” means the official “Oridon Medical App” for iPhone and Android, as may become available for download at a later date from the iTunes App Store or the Google Play Store.
- “Ideas,” means ideas, concepts, feedback, and know-how that you make available in connection with the Oridon Medical Site.
- “Intellectual Property” means copyrights, trademarks, trade dress, patent, copyright, know-how, trademark, or trade secret of Oridon Medical or its partners.
- “make available,” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Oridon Medical Site administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Oridon Medical Site through the tools offered by such social media platforms).
- “Materials,” means Content that Oridon Medical Entities make available on or through the Oridon Medical Site.
- “Product(s)” means cannabis-containing or cannabis-derived product(s).
- “you” or “your” means any user of any Oridon Medical Site.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND ORIDON MEDICAL ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. What We Do
Oridon Medical is an online medical cannabis community that provides access to information, expert educational services, and certain Products. We are a technology provider, not a health care service provider, health plan/insurance company, or licensed to sell health insurance. Our platform may not be used by Health Care Providers to provide medical services to you. Educational services are limited to providing information of a general nature regarding medical cannabis. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR CALL 911.
Customers who live in one of our delivery service areas may order certain Products through the Oridon Medical Site. We are not a Product manufacturer. The statements and Products shown on the Oridon Medical Site have not been evaluated by the US Food and Drug Administration (“FDA”) and any use of Products is at your own risk. The Products available through the Oridon Medical Site are not intended to diagnose, cure, prevent, or treat any disease.
3. Registration/User Names
You are not obligated to register with Oridon Medical in order to access the Oridon Medical Site. However, certain services of the Oridon Medical Site are available only to users who have registered with Oridon Medical or other persons affiliated with Oridon Medical who have been granted accounts with usernames and passwords (“Secure Users”). Secure Users must be at least 21 years of age. If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Oridon Medical. If you do not maintain such information, or Oridon Medical has reasonable grounds to suspect as much, Oridon Medical has the right to suspend or terminate your account and your use of the Oridon Medical Site. You may have as many active Secure User accounts on the Oridon Medical Site as you choose at any given time, and only you may use your designated accounts to access the Oridon Medical Site, and you may not use anyone else’s account at any time. You also agree to promptly notify Oridon Medical of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Oridon Medical Site by emailing Oridon Medical at email@example.com. In addition, you agree to exit from your Secure User account at the end of each session. Oridon Medical explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Our Oridon Medical Site require users to give us unique identifiers in order to log into many areas of the Oridon Medical Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Oridon Medical Site, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (“SSL”) technology or similar encryption technology. In addition, Oridon Medical takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Oridon Medical Site and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense, and sound judgment in using the Oridon Medical Site. You are prohibited from violating, or attempting to violate, the security of the Oridon Medical Site. Any such violations may result in criminal and/or civil penalties against you. Oridon Medical may investigate any alleged or suspected violations and if a criminal violation is suspected whether in regards to the Oridon Medical Site, or your Content, Oridon Medical will cooperate with law enforcement agencies in their investigations or any court order, including any legal order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
4. Oridon Medical Monitoring of Site
5. Your Use of the Site
You certify to Oridon Medical that the Content you provide on or through any of the Oridon Medical Site is accurate and that the information you provide on or through the Oridon Medical Site is complete. Specifically, if you register with Oridon Medical you certify that you are at least 21 years of age. You are responsible for maintaining the confidentiality and security of your account including username & password.
Oridon Medical is not responsible for any losses arising out of the unauthorized use of your account. You agree that Oridon Medical does not have any responsibility if you lose or share access to your device.
Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Oridon Medical Site or any portion of the Oridon Medical Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Oridon Medical Site or any portion of the Oridon Medical Site.
In connection with the Oridon Medical Site, you will not:
- Ask Health Care Providers for diagnosis, treatment, or other advice specific to your personal health and well-being.
- Make available any Content through or in connection with the Oridon Medical Site that is or may be in violation of the content guidelines set forth below.
- Make available through or in connection with the Oridon Medical Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Oridon Medical Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Oridon Medical Site.
- Interfere with or disrupt the operation of the Oridon Medical Site or the systems, servers, or networks used to make the Oridon Medical Site available, including by hacking or defacing any portion of the Oridon Medical Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Oridon Medical Site.
- Reverse engineer, decompile, or disassemble any portion of the Oridon Medical Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Oridon Medical Site.
- Frame or mirror any portion of the Oridon Medical Site, or otherwise incorporate any portion of the Oridon Medical Site into any product or service, unless you obtain Oridon Medical’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Oridon Medical Site, without Oridon Medical’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Oridon Medical Site or Oridon Medical’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Oridon Medical trademark, logo, URL, or product name without Oridon Medical’s written consent; or
6. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Oridon Medical Site, and Oridon Medical reserves the right to change the access configuration of the Oridon Medical Site at any time without prior notice.
8. User Contributions
Oridon Medical provides functionality and forums that enables users to make available Content and Ideas in connection with the Oridon Medical Site. The Oridon Medical Site currently offer, and may offer in the future, forums in which a user may request technical help regarding usage of the Oridon Medical Site (collectively, “Help Forums”). For avoidance of doubt, information you post in the Help Forums is considered Content and Ideas.
You hereby represent that you have the full authority to grant the right to Oridon Medical as set forth herein. You hereby grant to Oridon Medical a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Oridon Medical is free to use any Ideas for any purpose. Oridon Medical may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Oridon Medical is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Oridon Medical the right to use any name associated with any Content or Idea that you make available to Oridon Medical, although Oridon Medical has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
Under applicable copyright law, the author of any post is the owner of the copyright in the post. Aside from the license that all registered users have granted to Oridon Medical upon submitting a message as stated above, no one visiting the Oridon Medical Site is licensed to copy, reproduce, republish, modify, transmit, or distribute in any way any of the messages, or any portion of the messages, posted to the Oridon Medical Site without the prior written permission of the copyright owner.
Oridon Medical does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any messages posted to a forum, nor do we endorse any opinions expressed in such posts. You acknowledge that any reliance on material posted by third parties on the Oridon Medical Site will be at your own risk. Most of the content posted to the forums is provided by third parties like you and Oridon Medical is not responsible for this content.
9. Prohibited Content
You agree that you will not make available Content in connection with the Oridon Medical Site that: (a) is false, fraudulent, inaccurate, or misleading; (b) is intended to cause harm, damage, disable, or otherwise interfere with the Oridon Medical Site (c) violates any local, state, federal, or international laws or is otherwise tortious; (d) is protected by or would infringe on the rights of others (including Oridon Medical), including any Intellectual Property, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (e) is obscene, indecent, pornographic, or otherwise objectionable or is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Oridon Medical in its sole discretion; (f) victimizes, harasses, degrades, or intimidates or is violent or threatening; (g) promotes violence against, or actions that are threatening to, any individual or group, including without limiting the foregoing, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (i) contains advertisements, solicitations, or spam links to other web sites or individuals; (j) impersonates another business, person, or entity, including Oridon Medical, its related entities, employees, and agents; (k) violates any policy posted on the Oridon Medical Site; or (l) contains your full name(s), or any other confidential personally identifiable information of yourself or others. Without limiting the above, you hereby agree that you will not make unsubstantiated “Health Claims” or “Qualified Health Claims” as defined by the Food & Drug Administration. You hereby agree and consent that Oridon Medical may remove any Content that Oridon Medical, in its sole discretion, determines to be in violation of this prohibition.
10. Reporting & Reviewing Prohibited Content
If you believe that any Content on the Oridon Medical Services contains prohibited Content, please contact firstname.lastname@example.org
Oridon Medical takes the health and wellbeing of its users extremely seriously and will review all reports of Prohibited Content. If Oridon Medical determines that the Content is Prohibited by these Terms, or for any other reason, in its sole discretion, Oridon Medical reserves the right to take any action Oridon Medical deems necessary and appropriate, which may include but is not limited to: (i) immediately and permanently removing the content; (ii) suspending the user who contributed the Content; or (iii) permanently banning the user from Oridon Medical’s services.
11. Ownership of Information Submitted via the Site
Except as prohibited by law, any information you transmit to Oridon Medical via the Oridon Medical Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-proprietary and will become the property of Oridon Medical.
12. Information and Materials
Oridon Medical and its suppliers and licensors may make available to users various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision and if such decisions are related to your health you should consult your doctor. The Oridon Medical Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.
Oridon Medical assumes no responsibility for the improper use of, and self-diagnosis, and/or treatment using any products or services made available through the Oridon Medical Site. Any products shown on our site should not be confused with prescription medicine. Any products and services made available through the Oridon Medical Site should not be used as a substitute for medical services or medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.
It is important that you understand why no claims can be made about the products you order through the Oridon Medical marketplace and that we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. Before starting any product for illness, it is always wise to check with a medical doctor. It is especially important for people who are: pregnant or breast feeding, chronically ill, elderly, under 18, and currently taking prescription or over-the-counter medicines. None of the products or information available to the public on the Site are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information presented is intended to be an enticement to purchase and should not be construed as medical advice or instruction.
No action should be taken solely on information contained on or provided through the Oridon Medical Site, regardless of perceived scientific merit. Instead, readers should consult healthcare professionals on any matter related to their health. The information obtained from referenced materials shown on the Oridon Medical Site is believed to be accurate, as presented by their respective authors. Oridon Medical assumes no liability for any personal interpretation. Users who fail to consult their physicians prior to the purchase and subsequent use of any product made available through the Oridon Medical Site assume the risk of any adverse effects.
The use of any nutritional supplement or product for any reason is neither implied nor advocated by Oridon Medical.
For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. Oridon Medical has attempted to present information from literature, books, and other references, as well as information about products as accurately as possible, but you should be aware that generally the FDA has not approved or evaluated the information contained in that literature or on the Oridon Medical Site or discussed during educational consultations. Any literature reference or direct link to a specific product is for your information or convenience only, and should not be construed as an enticement to purchase, and further is not intended or implied to be used in the mitigation, diagnosis, treatment, cure, or prevention of any disease or illness.
Information on the Oridon Medical Site is provided for informational purposes only and is not meant as a substitute for the advice provided by your own physician or other trained medical professionals. The results reported on the Oridon Medical Site and discussed during educational consultations may not necessarily occur in all individuals.
THE ORIDON MEDICAL ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS AND OTHER INFORMATION PROVIDED THROUGH THE ORIDON MEDICAL SITE.
13. Third Party Products
The Oridon Medical Site may make available listings, descriptions, and images of goods and services (collectively, “Third Party Products”). Such Third Party Products may be made available for order fulfillment from licensed third party retailers and delivery services. Oridon Medical acts a marketplace for consumers, brand manufacturers and fulfilling retailers; in these cases it will not be a contracting party or agent to any of the transactions between the parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Oridon Medical Site). Oridon Medical does not review, evaluate, or check any listings, descriptions, or images in advance for accuracy. Such information and the availability of any Third Party Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Third Party Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Oridon Medical has no liability to you for content on the Oridon Medical Site that you find to be offensive, indecent, or objectionable.
If you believe that any Product(s) in the Oridon Medical marketplace, or any statements, descriptions, or entries related to those Product(s), are inaccurate, incomplete, unreliable, offensive, discriminatory, or otherwise violate these Terms, please contact email@example.com
In its sole discretion, Oridon Medical reserves the right to remove any Third Party Products, product descriptions, advertising materials, images, or any other Content that it deems is in violation of these Terms or any state or federal law or that it deems should be removed for any other reason.
14. Links to and from Third-Party Sites and Social Media
You may link to the homepage of www.OridonMedical.ca, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Oridon Medical Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Oridon Medical Site
- Send emails or other communications with certain content, or links to certain content, on this Oridon Medical Site.
- Cause limited portions of content on the Oridon Medical Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
15. Credit Transactions
As part of the services on the Oridon Medical Site, Oridon Medical facilitates your payment for services and products. The only accepted form of payment on the Site is by certain major credit cards; cash will not be accepted unless cash on delivery is required in connection with your purchase of Products. When you pay by credit card, you hereby authorize Oridon Medical to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or Oridon Medical is otherwise unable to debit the applicable amounts from your credit card, Oridon Medical shall provide notice to you, whereupon you shall immediately furnish Oridon Medical with a valid credit card for payment. Your request for services through the Oridon Medical Site will not be fulfilled until full payment has been received and/or verified.
Oridon Medical is a marketplace where consumers and retailers connect for the purchase of goods. Oridon Medical is not responsible and makes no representations regarding the delivery of purchased goods from Third Party Retailers. Once the order is processed and directed to the Third Party Retailer, Oridon Medical takes no responsibility and makes no representation regarding the reliability or timeliness of the delivery service.
Products will be delivered to an address designated by you, if applicable, so long as such address is complete and complies with the delivery restrictions contained on the Oridon Medical Site. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the delivery party carrier.
Delivery of Products will only be made where legal. Estimated delivery times are determined based on the destination of the Products.
If you have a concern regarding the delivery of a product ordered on our website please contact our customer service department.
17. Third-Party Interactions
Your interactions with entities or individuals found on or through the Oridon Medical Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Oridon Medical Site and disclosing personal information.
You agree that Oridon Medical shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Oridon Medical Site, or between users and any third party, you understand and agree that Oridon Medical is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Oridon Medical, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Oridon Medical Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that, if known by him or her would have materially affected his settlement with the debtor or released party.”
18. No Oridon Medical Editorial Control of Third-Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Oridon Medical Site is provided by third-party content providers, health care providers, or other Oridon Medical Site users, Oridon Medical has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party professionals, third-party suppliers or users on the Oridon Medical Site are those of such professional, third-party suppliers or users, respectively. Oridon Medical does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Oridon Medical Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Oridon Medical.
19. Health Care Providers
Any information provided by a Health Care Provider during educational consultations or on the Oridon Medical Site is provided for your general information and is not intended as a Health Care Provider’s advice regarding your health, diagnosis or treatment of your health condition, or recommendation of a particular treatment, product, test, service, or provider. Oridon Medical does not recommend or endorse any specific tests, providers, products, or the use of cannabis for medical efficacy.
INFORMATION PROVIDED DURING EDUCATIONAL CONSULTATIONS IS PROVIDED ON AN “AS-IS” BASIS AND ORIDON MEDICAL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ORIDON MEDICAL SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE USER) IN RELIANCE ON INFORMATION ABOUT OR PROVIDED BY HEALTH CARE PROVIDERS ON THE ORIDON MEDICAL SITE. THE USE OF THE ORIDON MEDICAL SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF HEALTH CARE PROVIDERS IS PROHIBITED.
20. Intellectual Property
You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Oridon Medical without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
With the exception of the limited rights described above, no license, right, title, or interest in the Oridon Medical Site or any Materials is transferred to you as a result of your use of the Oridon Medical Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Oridon Medical Site. The Oridon Medical Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Oridon Medical Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Oridon Medical Site and Materials is the exclusive property of Oridon Medical and is also protected by U.S. and international copyright laws.
ORIDON MEDICAL, names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Oridon Medical Site are trademarks or trade dress of Oridon Medical in the U.S. and other countries. All other marks are the property of their respective companies.
21. Notice and Procedure for Making Claims of Intellectual Property Infringement
Oridon Medical respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Oridon Medical asks our users to do the same. Oridon Medical therefore employs measures to prevent copyright and other intellectual property infringement on the Oridon Medical Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
101 California Street, Suite 2710
San Francisco, CA 94901
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Oridon Medical Site are covered by the notice, a representative list of such works;
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Oridon Medical to locate the material;
- Information reasonably sufficient to permit Oridon Medical to contact you, such as your name, address, telephone 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; and
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
23. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ORIDON MEDICAL WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ORIDON MEDICAL SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A ORIDON MEDICAL ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ORIDON MEDICAL ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE ORIDON MEDICAL SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ORIDON MEDICAL ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE ORIDON MEDICAL SITE.
25. Arbitration/ Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Oridon Medical Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Oridon Medical will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
If you have any questions or comments, please contact us at firstname.lastname@example.org
Oridon Medical, Inc. © 2019. All Rights Reserved.