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
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.
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 firstname.lastname@example.org.
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 email@example.com.
Updated November 22 2013