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TERMS OF USE
Before using this Web site, please read the Terms of Use set forth below.
By using this Web site you agree to be bound by the Terms of Use.
OchsLabs and its affiliates and subsidiaries ("We" or such conjugation
thereof as the context may require) reserve the right to review and revise
the Terms of Use from time to time without prior notice and, by using
this site subsequent to any revision of the Terms of Use, you agree to
be bound by such changes. If you find the Terms of Use to be unacceptable,
you must immediately terminate your use of this Web site.
1. No Representations Or Warranties
The services provided on this Web site and the content, information, documents,
graphics and images published at this Web site could include inaccuracies,
typographical errors or other errors. We make no commitment, however,
to update what is contained in this Web site. Furthermore, we reserve
the right to temporarily, or permanently, modify, alter, discontinue or
delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB
SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH
WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this
Web site when making business, financial, personal or other decisions.
Furthermore, we do not necessarily endorse the opinions of third parties
expressed on this Web site or on linked Web sites.
This information is presented as background information, does not necessarily
represent the current state of the art of applying the technologies of
OchsLabs, which can only come from extended training programs and supervision
of treatment.
2. User Warnings/User Conduct
We make certain services available, including without limitation, email,
chat rooms, message boards and other community services; provided that
you agree to abide by the terms and conditions contained in these Terms
of Use. Without limiting the generality of the foregoing, in consideration
for our providing such services, you also agree not to:
- Disclose confidential information by using the names or other clearly
identifying features of patients;
- Copy and disseminate confidential information about patients, their
names, or other clearly identifying features of patients;
- Disclose or disseminate information about other therapists or therapeutic
processes that would otherwise embarrass others or inflame conversations;
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy
of any individual or entity;
- Post or transmit any commercial, advertising or promotional materials,
including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate
another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or excessive
messages or information.
- Post any material that infringes upon any third party's copyright,
trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability
to you, ban you from any and all services, terminate your registration,
delete your messages or postings, and take any other action we deem appropriate
in our sole discretion.
With reference to any services we provide, you acknowledge that we may,
from time to time, without notice to you and at our sole discretion, establish
various practices, limitations and restrictions for administering such
services, including without limitation: how often a service or account
may be accessed; the maximum number of days that messages or postings
will be retained; the maximum number of messages or postings allowed;
the size and nature of messages and postings; the maximum storage space
available for an account; and all other matters related to administration
of services, and you agree to be bound by such practices. You agree that
we are not responsible or liable for deactivation or deletion of accounts
or for loss of emails, communications, postings, data or information as
a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics, images,
information, advice, or opinion contained in any emails, message boards,
chat rooms or community services, or in any other public services, and
do not endorse any advice or opinion contained therein. We do not monitor
or control such services, although we reserve the right to do so. We may
take any action we deem appropriate, in our sole discretion, to maintain
the high quality of our service and to protect ourselves and others.
3. Web Site Links And Third-Party Sites
This Web site may contain links to other Web sites which are independent
of this Web site. We make no representation or warranty as to the accuracy,
value, integrity, completeness or authenticity of the information or opinions
contained in any such linked Web site, and any link to another Web site
shall not in any manner be construed as an endorsement by us of that Web
site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive
and objectionable content or which may contain dangerous computer viruses.
You assume, and we hereby disclaim, all responsibility for any of the
content on these sites or for any damage sustained by users of these sites.
4. Confidentiality
Your confidential use of this site cannot be guaranteed by us. We shall
not be responsible for any harm that you or any person may suffer as a
result of a breach of confidentiality in respect to your use of this site.
5. Privacy
All of the information that you provide us about yourself is kept in the
strictest of confidence, and is not given to any third parties, other
than in aggregate form that does not identify you, or as required to perform
the services that you request and the day to day operations of the company.
We may use such third parties for tasks including but not limited to hosting
this web site, operating newsletters and mailing lists, handling credit
card transactions, shipping products ordered in the store, and serving
ads on this web site.
Additionally, we may use cookies or collect other
information your web browser provides us. We use this information to improve
the usability of our site, to personalize the browsing experience to your
tastes, to provide technical and customer support, and to better understand
the demographics of our visitors.
6. Security
You may have an account and password. You are responsible for maintaining
the confidentiality of your password and account information and are fully
responsible for all conduct carried out under this password and account.
We are not liable for any loss of confidentiality or for any damages arising
from your failure to comply with these terms. You will promptly report
any unauthorized use of your password to us.
7. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL,
SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT
OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER
LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE
TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES,
ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC
TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH
ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES,
WEB SITE AND OTHER CONTENT AND MATERIALS.
8. Ownership, Trademarks and Copyright
All right, title and interest (including all copyrights, trademarks and
other intellectual property rights) in this Web site belong to us or our
licensors.
OchsLabs, the OchsLabs logo, and other names, images and other indicia
identifying our products and services are our proprietary marks, and may
not be copied, imitated or used, in whole or in part, without our prior
written permission.  In addition, all page headers, custom
graphics, button icons, and scripts are our service marks, trademarks,
and/or trade dress, and may not be copied, imitated, or used, in whole
or in part, without the our prior written permission.  All
other trademarks, registered trademarks, product names and company names
or logos mentioned herein are the property of their respective owners.
All Web site materials, including, without limitation, the logos, designs,
text, graphics, other files, and the selection and arrangement thereof
are ALL RIGHTS RESERVED Copyright © OchsLabs, Inc. and its partners.¬†
You may electronically copy and print to hard copy portions of this Web
site for the sole purpose of using materials it contains for informational
and non-commercial, personal use only. Any other use of the materials
in this Web site-including any commercial use, reproduction for purposes
other than described above, modification, distribution, republication,
display, or performance-without the our prior written permission is strictly
prohibited.
9. License
Nothing contained in this Web site shall be construed as conferring any
license or right, expressly, by implication, by estoppel or otherwise,
under any of our intellectual property rights, or under any third party's
intellectual property rights, and no part of this Web site may be reproduced,
republished, copied, transmitted, or distributed in any form or by any
means.
10. Claims of Copyright Infringement
OchsLabs, respects the intellectual property of others and may, in appropriate
circumstances and at its discretion, terminate the accounts of users who
infringe the intellectual property rights of others. If you believe that
any material on this Web site infringes on any copyright which you own
or control, or that any link on this Web site directs you to another Web
site that contains material that infringes on any copyright which you
own or control, you may file a notification of such infringement with
our designated agent to have the material removed or otherwise blocked
from access. Please see the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT.
11. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS,
PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES,
CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT
ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES
THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY
RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL
OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU
AGREE TO COOPERATE WITH US IN SUCH EVENT.
12. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS
MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL
OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL
COURTS LOCATED IN CONTRA COSTA COUNTY, CALIFORNIA, USA, AND YOU SHALL
NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
13. International Use
We do not represent that all content, materials and services on
our Web site are appropriate or available for use in all geographic locations,
especially some locations outside the United States, and accessing such
from certain locations may be illegal and prohibited. Those who do access
content, materials and services from such locations act on their own initiative
and we are not responsible for their compliance with local laws or other
applicable laws. You will not access the foregoing where prohibited by
law.
14. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained on this
Web site and constitute the entire agreement with respect to your access
to and use of this Web site. We may modify these Terms of Use at any time
by posting revised Terms of Use on our Web site and your continuing use
of such Web site and the services constitutes your agreement to be bound
by such modified Terms of Use. Any provision of these Terms of Use which
is determined by a court of competent jurisdiction to be unenforceable
in any jurisdiction shall be severable from these Terms of Use in that
jurisdiction without in any way invalidating the remaining provisions
of these Terms of Use. The unenforceability of any provision in a given
jurisdiction shall not make that provision unenforceable in any other
jurisdiction. Any litigation arising out of or in connection with these
Terms of Use or your use of our services must be commenced within one
(1) year after the cause of action arose, or it will be permanently barred.
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