Terms of Use / Privacy Policy

Terms of Use

IMPORTANT- THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND ORTEK THERAPEUTICS, INC. ("We" or “Ortek"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE (this “TOU") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE FOUND AT HTTP://WWW.BASICBITES.COM AND ANY RELATED VIDEOS, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, THE
“WEBSITE"). ORTEK IS WILLING TO LICENSE TO YOU THE RIGHT TO ACCESS AND USE
 THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.



Terms and Conditions
1. License Grant This TOU provides You with a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use and conditioned on your continued compliance with this TOU. You may print materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, You may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this TOU, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof or materials therefrom).



2. User Obligations By accessing or using the Website, You agree to be responsible
 for and to abide by all applicable local, state, national, and international laws, regulations, 
rules, and guidelines with respect to Your use of the Website. In addition, You agree to 
assume all responsibility for compliance with this TOU and for Your use, and the results 
of Your use, of the Website.



3. Proprietary Rights The contents of the Website, including all associated software, 
designs, text, graphics, images, photographs, illustrations, audio and video materials, 
artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code
 (including html code), products, information, and documentation, as well as the design, 
structure, selection, coordination, expression, "look and feel," and arrangement of the
 Website unless otherwise indicated, are owned, controlled, and licensed by Ortek and/
or its licensors. Any rights granted hereby are expressly licensed. Ortek does not grant 
any implied right to You or any other person and does not transfer or assign any ownership 
or intellectual property interest or title in or to the Website (or any part thereof) to You or 
anyone else. The Website is Copyright © 2013 Ortek Therapeutics, Inc. and/or its licensors.
 Ortek, BasicBites, and all other names, logos, and icons identifying Ortek and its products 
and services are proprietary trademarks of Ortek, and any use of such marks, including,
 without limitation, as domain names or account identifiers, without the express written
 permission of Ortek is strictly prohibited. Other product and company names mentioned
 herein or on the Website may be the trademarks and/or service marks of their 
respective owners.



4. Privacy Please see our Privacy Statement for information relating to the collection 
and use of information in connection with your use of the Website.



5. Links to Other Sites Ortek may provide links, in its sole discretion, to other websites
 or online social networks (or pages) for your convenience in locating or accessing related information, products, and services. These sites, networks, and pages have not necessarily
 been reviewed by Ortek and are maintained by third parties over which Ortek exercises 
no control. Accordingly, Ortek expressly disclaims and shall not have any responsibility for
 the content, the materials, the accuracy of the information, and/or the quality of the 
products or services provided by, available through, or advertised on these third-party
 websites, networks, or pages. Moreover, these links do not imply an endorsement with
 respect to any third party, any website, network, or page, or the products or services
 provided by any third party.



6. Feedback Ortek welcomes your feedback and suggestions about Ortek's products 
or services or with respect to how to improve the Website. But, by transmitting any 
feedback or suggestions and any related information, material, or other content 
(collectively, "feedback") to Ortek, You represent and warrant that such feedback 
does not infringe or violate the intellectual property or proprietary rights of any third
 party (including, without limitation, patents, copyrights, or trademark rights) and that 
You have all rights necessary to convey such feedback to Ortek. In addition, any 
feedback received by Ortek will be deemed to include from You a royalty-free, perpetual, 
irrevocable, transferable, non-exclusive right and license for Ortek to adopt, publish,
 reproduce, disseminate, transmit, distribute, copy, use, create derivative works of,
 display (in whole or in part) worldwide, or act on such feedback without additional 
approval or consideration, in any form, media, or technology now known or later
 developed for the full term of any rights that may exist in the information, material,
or content related to such feedback, and You hereby waive any claim to the contrary.



7. Warranty Disclaimer THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE,"
 AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ORTEK MAKES 
NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND HEREBY 
EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT OF THE LAW ANY AND ALL 
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
 IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR 
FITNESS FOR A PARTICULAR PURPOSE. ORTEK ALSO DOES NOT REPRESENT OR 
WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, 
OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS 
TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU.



8. Limitation of Liability You acknowledge and agree that Ortek shall not be liable
 or responsible for any claim, damage, or loss resulting from a cause beyond Ortek's
 control, including, but not limited to, failure of electronic or mechanical equipment
 or communication lines, telephone or other connection problems, computer viruses, 
unauthorized access, theft, operator errors, severe weather, earthquakes, or other
 natural disasters, strikes or other labor problems, wars, or governmental restrictions.
 MOREOVER, YOU AGREE THAT IN NO EVENT SHALL ORTEK BE LIABLE FOR ANY
 INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
 ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, 
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN 
IF ORTEK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT 
LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF ORTEK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE
 WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED 
ONE HUNDRED DOLLARS ($100.00 USD).



9. Enforcement Ortek wishes to maintain the Website as a helpful resource for all of its users. As it relates to Ortek, You therefore have no reasonable expectation of privacy while using the Website because Ortek reserves the right to view, monitor,
 and/or record activity on the Website (in accordance with applicable law) and to
 comply with government or court appointed authorities when necessary. Actual or 
attempted unauthorized use of the Website may also result in criminal and/or civil 
prosecution, including, without limitation, punishment under the Computer Fraud
 and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall 
You permit any third party to, disable, circumvent, or otherwise avoid any security
 device, mechanism, protocol, or procedure established by Ortek for use of or with
 the Website. Moreover, You also acknowledge that any breach, threatened or actual,
 of this TOU by You may cause irreparable injury to Ortek and/or its licensors, such 
injury would not be quantifiable in monetary damages, and Ortek and/or its licensors
 would not have an adequate remedy at law. You therefore agree that Ortek and/or
 its licensors (or on their behalf) shall be entitled, in addition to other available remedies, 
to seek and be awarded an injunction or other appropriate equitable relief from a court 
of competent jurisdiction restraining any breach, threatened or actual, of your obligations 
under any provision of this TOU. Accordingly, You hereby waive any requirement that 
Ortek or its licensors post any bond or other security in the event any injunctive or 
equitable relief is sought by or awarded to Ortek to enforce any provision of this TOU.



10. Termination This TOU will take effect the moment You begin accessing or using 
the Website and will remain in effect until terminated as set forth below. Ortek reserves 
the right at any time and on reasonable grounds, which shall include, without limitation, 
any reasonable belief of actual or potential illegal activity or actions or omissions that 
violate any term or condition of this TOU, to terminate this TOU with You (including any
 registered account) in order to protect its name, business interests, and/or goodwill
 and/or any other user. You may also terminate at any time by ceasing to use the Website.
 The provisions concerning feedback, Ortek’s ownership rights, warranty disclaimer, 
limitation of liability, governing law, enforcement, termination, and the miscellaneous 
terms will survive the termination or expiration of this TOU for any reason.



11. Governing Law This TOU has been made in and will be construed and enforced
 solely in accordance with the laws of the State of New York, U.S.A., as applied to 
agreements entered into and completely performed in the State of New York. 
The state or local courts in the State of New York will have exclusive jurisdiction and 
venue over all controversies in connection with this TOU, and You hereby consent to such
 exclusive and personal jurisdiction and venue. Any claim You might have against Ortek 
relating to performance under this TOU must be brought within two (2) years after the 
cause of action arises, or such claim or cause of action is barred. In addition, You agree 
to waive any right to a jury trial in connection with any action or litigation in any way 
arising out of or related to this TOU and that each party has the right to seek attorney's
 fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.



12. Miscellaneous The relationship between You and Ortek is and shall be that of
 independent contractors and nothing in this TOU shall be construed or used to create 
or imply any relationship of partners, joint venturers, or employer and employee. You 
may not assign or otherwise transfer this TOU or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Ortek's prior written consent. Any attempt of assignment, delegation, or transfer in violation of this TOU shall be void, of no effect, and a material breach of this TOU. Notwithstanding the foregoing, Ortek may assign this TOU in whole or in part. Moreover, Ortek may delegate
 its rights and responsibilities or use contractors or agents to fulfill its obligations under 
this TOU. Failure by Ortek to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of this TOU is found by an arbitrator or 
court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless 
it materially affects the entire intent and purpose of this TOU, the invalidity, voidness, or
 unenforceability shall affect neither the validity of this TOU nor the remaining provisions 
herein, and the provision in question shall be deemed to be replaced with a valid and
 enforceable provision most closely reflecting the intent and purpose of the original 
provision. Headings are for convenience only and have no legal or contractual effect. 
This TOU and Ortek's Privacy Statement, which is hereby incorporated by reference as 
if set forth fully herein, represent the entire agreement between You and Ortek with 
respect to subject matter herein, and they supersede all prior or contemporaneous 
communications and proposals, whether electronic, oral, or written between You and
 Ortek with respect to the Website. Please note that Ortek reserves the right to change 
the terms and conditions of this TOU and by which the Website is extended to You by 
updating this page. Ortek also has the exclusive right to provide updates, upgrades,
 and/or changes to any aspect of the Website at any time. Your continued use of the
 Website following any such change will be deemed acceptance of any change to this
 TOU or the Website.



Updated November 22 2013



Privacy Statement

Ortek Therapeutics, Inc. ("Ortek") is committed to maintaining the privacy of all visitors
 to our website, ("Site"), as described in this Privacy Statement.



Information Collection When you visit our Site, we may collect certain personally identifiable information you knowingly choose to disclose to us, such as your name
 and email address. You may provide this information when you register with the Site.



Ortek passively collects non-personal information that is automatically sent to us by your 
web browser or device including but not limited to your domain name and user name.



We may also collect aggregated information as you visit the Site.



Information Use We may use the information we collect from your browser or device to:

• respond to your requests;

• operate the Site and customize your experience;

• provide customized content, advertising, and services;

• identify or remedy potential threats to the Site’s security;

• conduct research about your use of the Site and our services; and

• for any other purpose stated at the time of collection.



Cookies This Site is cookie-enabled to give you a more customized user experience. 
A cookie is a small amount of data that is sent to your browser from a web server and
 stored on your computer's hard drive. Cookies are used to collect information on the 
number of visitors to our site and the number of pages viewed. It is also used to provide 
relevant information to our visitors and for website and system administration, 
including research and development, user analysis and business decision-making.



Sharing Information Ortek may share the information we collect with service providers, 
affiliates, and subsidiaries in connection with the services we provide.



Ortek may share the information collected on this Site with carefully selected marketing
 partners who may send you information about products and services we think you 
would enjoy.



If we or some or all of our assets are acquired by another company, including through a 
sale in connection with bankruptcy, that company will possess the information collected 
by us, and it will assume the rights and obligations regarding your information as 
described in this Privacy Statement.



We may disclose personally identifiable information or other data to comply with law or legal requirements, enforce or apply our Terms of Use and other agreements, or protect our rights, property, or safety of our users, or others.



Third Party Links For your convenience, this Site may contain certain hyperlinks to 
other websites. We make no promises or guarantees regarding data collection on the 
hyperlinked pages that are not owned by Ortek. We recommend that you read the 
privacy policy/statement for each site you visit.



Your Choices We may use the personally identifiable information we collect from you 
to provide you with opportunities to offer you products and services that may be of 
interest to you. If you would like to opt out of future promotional materials from us, 
you may indicate this preference by following the unsubscribe instructions at the end
 of such email communications or by contacting us at info@ortekinc.com.



If you would no longer like to receive offers from our marketing partners, you can 
unsubscribe from additional offers by following the unsubscribe link located at the bottom 
of each email communication.



Updates From time to time, we may update this Privacy Statement. We will notify you 
of any material changes to our Privacy Statement by updating this page. We encourage 
you periodically to check this site to learn about the information we collect, use, and share.
 Your continued use of the Site affirms your agreement to such changes.



Contact Us Please contact us if you have questions about our Privacy Statement at
 info@ortekinc.com.



Updated November 22 2013