|
| Terms of Use |
|
|
 |
Thank you for visiting the O24Store.com™ Web site (the "Site"). O24Store.com™ is
an online store and information site for O24™ products. The Site is designed to
provide a convenient, private and informative shopping experience for consumers
to purchase O24™ products. Accessible 24 hours a day, 7 days a week, the
O24Store.com™ online store offers a selection of products along with a wealth of
health-related information designed to help consumers make educated purchasing
decisions regarding O24™ pain relief products. O24Store.com™ and its
subsidiaries and affiliates ("we, us, our") want each visitor to the Site
("you") to have a safe, pleasurable visit, so we have established the following
terms and conditions so that we (we and you) know what to expect from each
other. By using the Site you agree to be bound by the terms set forth herein. We
may make changes to the Site, these Terms of Use, or the policies and conditions
that govern the use of the Site at any time. We encourage you to review the Site
and these terms periodically for any updates or changes. Your continued access
or use of the Site shall be deemed your acceptance of these changes and the
reasonableness of these standards for notice of
changes.
PRIVACY Please review our Privacy Policy, which also
governs your visit to the Site, to understand our practices.
ELECTRONIC
COMMUNICATIONS When you visit the Site or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications we provide to you electronically satisfy any legal requirement
that such communications be in writing.
TRADEMARKS O24Store.com™ and
the following are our trademarks and service marks:
When You're Sore, Use
O24™ WorldMailDirect.com
All other trademarks, product names, and
company names and logos appearing on the Site are the property of their
respective owners.
YOUR ACCOUNT OBLIGATIONS In consideration of your
use of the Site, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the checkout form for your account
information (the "Account Information") and (b) maintain and promptly update the
Account Information to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your account
and refuse any and all current and future use of the Site. Account Information
and certain other information about you is subject to our Privacy Policy. For
more information, please see our full privacy policy at
http://www.O24Store.com/privacy.php.
You will receive a password and
account designation when you have completed the Account Information. You are
responsible for maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of your
password or account or any other breach of security.
YOUR CONDUCT Any
conduct by you that in our sole discretion restricts or inhibits any other user
from using or enjoying the Site will not be permitted. You agree to use the Site
only for lawful purposes. You are prohibited from posting on or transmitting
through the Site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent,
racially, ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law.
You agree that
your use of robots, spiders, crawlers, wanderers, Web agents and other such
automated processes on the Site will be Standard for Robot Exclusion (SRE)
-compliant robots ("robots") and when connecting to the Site, prior to
downloading or indexing any pages on the Site, such robots will immediately
visit http://www.O24Store.com/robots.txt ("the robot.txt file"). You understand
that the robots.txt file is the only means by which robots are authorized to
access the Site. You agree not to violate any of the robot access policies and
acknowledge that any violation of the policies may result in termination of your
access to the Site, deactivation or deletion of your account and all related
information and files in your account, and preclusion of any further access to
such files or the Site, without prior notice.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
You
agree not to access the Site by any means other than through the interface that
is provided by us for use in accessing the Site.
SWEEPSTAKES AND
CONTESTS From time to time, we may offer and/or co-sponsor contests,
sweepstakes, and games on the Site. Each of these activities shall be governed
by specific rules accessible from the Site offering the promotion.
SITE
CONTENT You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds, and other
material (collectively "Content") that are protected by copyrights, trademarks,
or other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright laws, and
we own a copyright in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the Content in any
way, and maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other proprietary right. In addition to the foregoing, use
of any software Content shall be governed by the software license agreement
accompanying such software, if any.
COLOR/PRODUCT DESCRIPTION We have
made every effort to display as accurately as possible the colors of our
products that appear at the Site. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
color will be accurate. We have attempted to be as accurate as possible.
However, we do not warrant that the product descriptions are accurate, complete,
reliable, current, or error-free. If a product offered by the Site is not as
described, your sole remedy is to return it in unused
condition.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WE OR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE
USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree
to indemnify and hold us, and our subsidiaries, affiliates, officers, directors,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through the Site, your
use of the Site, your connection to the Site, your violation of the Terms of
Use, or your violation of any rights of another.
EXPORT The U.S.
export control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals. You agree to
abide by these laws and their regulations - including but not limited to the
Export Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from the Site to
either a foreign national or a foreign destination in violation of such
laws
OUR RIGHTS We may elect to electronically monitor areas of the
Site and may disclose any Content, records, or electronic communication of any
kind (i) to satisfy any law, regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate the Site; or (iii) to protect
our rights or property or the rights of the users, Sponsors, Providers,
Licensors, or Merchants. We are not responsible for screening, policing,
editing, or monitoring such Content. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content, we may investigate the
allegation and determine in our sole discretion whether to remove or request the
removal of such Content from the Site.
We may terminate your access, or
suspend your access to all or part of the Site, without notice, for any conduct
that we, in our sole discretion, believe is in violation of any applicable law
or is harmful to the interests of another user, a third-party Provider,
Merchant, Sponsor, Licensor, service provider, or us.
Because customer
service is paramount to our business, we reserve the right to refuse to sell
products to you if it reasonably appears to us that you intend to resell the
products. In addition, we reserve the right to limit quantities of items
purchased by each customer.
LINKS TO THIRD PARTY SITES Occasionally,
we may make available a link to a third party's web site. These links will let
you leave the Site. The linked sites are not under our control and we are not
responsible for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. We are not responsible for
webcasting or any other form of transmission received from any linked site. We
provide the links to you only as a convenience. We do not endorse the site or
its use or contents.
SUBMISSIONS We are pleased to hear from our
customers and welcome your comments regarding our products and the Site. You may
post reviews of products or services, comments, suggestions, or other material
("Submissions") so long as the content of your Submission is not unlawful,
threatening, abusive, spiteful, defamatory, invasive of privacy, obscene,
profane, sexually explicit, fraudulent or otherwise objectionable or injurious
to third parties (including, but not limited to, any content that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate applicable law). You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of your
Submission. World Mail Direct, Inc. reserves the right (but not the obligation)
to monitor, edit and remove any Submission but does not regularly review posted
Submissions.
By posting or sending us any Submission, you grant World
Mail Direct, Inc. and its subsidiaries a non-exclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
Submission throughout the world in any media. You also grant World Mail Direct,
Inc. and its subsidiaries the right to use the name you submit in connection
with such Submission.
By posting or sending us a Submission, you
represent and warrant that you own or otherwise control all of the rights to the
content in your Submission, that the content you provide is accurate, and that
use of the content in your Submission does not violate this policy and will not
cause injury to any person or entity. You agree to indemnify World Mail Direct,
Inc. and its subsidiaries against all claims and liabilities resulting from your
Submission. World Mail Direct, Inc. does not take any responsibility and assumes
no liability for any Submission posted by you or any other person or
entity.
APPLICABLE LAW We control the Site from our offices within
the United States of America. We make no representation that the Content in the
Site is appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who choose
to access the Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the Content in violation of U.S. export laws and regulations. Any claim relating
to the Site, the services provided through the Site or the Content shall be
governed by the internal laws of the state of Florida, without reference to its
choice of law provisions. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Dunedin, FL, U.S.A.
TERMINATION
These terms are effective until terminated by either party. If you no longer
agree to be bound by the Terms of Use, you must cease your use of the Site.
Subject to applicable law, we reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of the Site with or without
notice. You agree that any termination of your access to the Site may be
effected without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your
account and bar any further access to such files or the Site. Further, you agree
that we shall not be liable to you or any third-party for any termination of
your access to the Site.
SHIPPING ADDRESS To make purchases on the
Site, you must have a valid shipping address. Requests to ship to a P.O. Box
other than the address of the billing information for the credit card used to
make the purchase will be denied. We reserve the right to inquire with your
credit card issuing bank to confirm the validity of your billing address and/or
shipping address.
SALES TAX Nonprescription items that are shipped to
customers in the State of Florida are subject to tax at the appropriate state
and local rate. In the State of Florida, the total sales price includes shipping
and handling charges, discounts, and gift-wrap charges.
PAYMENTS AND
CHARGEBACKS O24Store.com™ currently accepts payments for orders placed at
the Site by VISA, MasterCard, American Express and Discover Card credit cards,
by check, and by money order. O24Store.com™ reserves the right to charge the
customer an amount equal to their order total plus additional charges for
wrongful chargebacks and bounced checks:
Wrongful charge back filed -- An
additional $25 administrative fee on top of the amount charged
back.
Bounced Check -- An additional $29 service fee on top of the amount
to be paid.
RETURN POLICY Please read O24Store.com™'s complete Return
Policy before placing your order.
GENERAL INFORMATION These Terms of
Use constitute the entire agreement between us (you and us) and govern the use
of the Site. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site or the Terms of Use must be
filed within one year after such claim or cause of action arose or be forever
barred.
The section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
COPYRIGHT COMPLAINTS We
respect the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied and is accessible on the
Site in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent the following information:
1. an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
2. a description of the copyrighted
work that you claim has been infringed, including the URL (i.e., web page
address) of the location where the copyrighted work exists or a copy of the
copyrighted work;
3. identification of the URL or other specific
location on the Site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6. a statement
by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our agent for notice of claims of copyright
infringement on the Site can be reached as follows:
By mail: Legal
Dept. O24Store.com c/o World Mail Direct, Inc. 914 Curlew Rd #192
Dunedin, FL 34698
By phone: (800) 549-5515
COPYRIGHT NOTICE
COPYRIGHT NOTICE. Copyright © 2005 O24Store.com™. All rights reserved. Any
rights not expressly granted herein are reserved.
This was last updated
on August 9, 2005
|
|
 |
|
|
|
|
 |
|
|
 |
|
|
 |
|
|
 |
| 0 items |
 |
|
|
|
|
 |
| There currently is 1 guest online. |
 |
|
|
|
|
|
|
|