Pure Oxygen Beauty
The www.DermacyteUS.com web site (collectively, the “Site") is operated by Oxygen Biotherapeutics, Inc. (“OBI”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the shopping process. These terms and conditions, or any of them, may be modified or terminated by OBI without notice at any time for any reason. These modifications will be posted on this Site as they occur. By your continued use after any such change is posted, you accept such modification. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, and Arbitration, shall survive any termination.
USE OF SITE; PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with OBI or to purchase OBI products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of OBI is strictly prohibited.
COPYRIGHTS AND TRADEMARKS
The entire contents of this Site are subject to copyright protection of the United States and other jurisdictions. Copyright © OBI 2009. All rights reserved. The contents of this Site may not be copied other than a single copy for non-commercial personal use with all copyright or other proprietary notices retained. It may not be recopied, reproduced or otherwise redistributed. Except as expressly provided herein, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or materials contained in this Site or any portion thereof in any electronic medium or hard copy, or create any derivative work based on such images, text or documents, without the express written consent of OBI. Nothing contained herein shall be construed (under any theory) to confer any license or right under any patent or trademark of OBI or any third party. Unless otherwise expressly set forth in the Site, all product names whether or not appearing with the trademark symbol are trademarks of OBI, its affiliates, related companies, or licensors. The use of these trademarks or any other materials, except as permitted herein is expressly prohibited.
In the event an OBI product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, OBI shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. OBI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, OBI shall issue a credit to your credit card account in the amount of the incorrect price.
UNAUTHORIZED RESALE OF DERMACYTE® PRODUCTS
Individuals who order and/or purchase DERMACYTE from OBI or an authorized retailer at retail price are prohibited from re-selling the product through channels unauthorized by OBI. OBI is not liable for unauthorized product sale transactions, the product's condition acquired from that unauthorized sale or any negative effects that said product may have on the user.
USER SUBMISSIONS; NON-CONFIDENTIAL INFORMATION
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with OBI, OBI has no control over these linked sites, all of which have separate privacy and data collection practices, independent of OBI. OBI has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that OBI sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, OBI seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
OBI makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. OBI does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOUR USE OF THIS WEB SITE AND THE CONTENT HEREOF IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OBI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OBI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY CONTENT, MISTAKES OR OMISSIONS OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN SERVICE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURES, DESTRUCTION OF, THEFT, OR UNAUTHORIZED ACCES TO THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
You agree to indemnify, defend, and hold harmless OBI, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account
GOVERNING LAW & JURISDICTION
Your use of this Site shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of OBI products) shall be in the state or federal courts located in Durham County, North Carolina. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of OBI products) must be commenced within one (1) year after the claim or cause of action arises. OBI’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. OBI may assign its rights and duties under this Agreement to any party at any time without notice to you. OBI makes no representation that materials in the Site are 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 this Site from locations outside North Carolina do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of North Carolina without regard to its conflicts of laws principles.
Oxygen Biotherapeutics, Inc
ONE Copley Parkway, Suite 490
Morrisville, NC 27560