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Last modified: May 20, 2021
YOUR USE OF ODYSSEYELIXIR.COM, INCLUDING ANY RELATED SERVICE OR FEATURE THERETO AND ALL CONTENT APPEARING THEREON AND SOFTWARE ASSOCIATED THEREWITH (COLLECTIVELY, THE “SITE”), CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (COLLECTIVELY, THE “TERMS”).
Grant of a Limited License
Subject to your agreement to and continuing compliance with the Agreements, ODYSSEY WELLNESS hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use the Site for your personal and non-commercial use only. You may not use the Site for any other purpose, including any way that breaches the Agreements or any other agreement applicable to your use of the Site.
The license granted to you in Section 1 above is subject to the limitations as set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Site in violation of the License Limitations or the Agreements will be regarded as an infringement of ODYSSEY WELLNESS rights. The above granted license in Section 1 does not grant you the right to, and you hereby agree that you will not, under any circumstances:
· sell, relicense, distribute, transmit, stream, provide access to or disclose the Service or place any portion on any server, “cloud-based” service, website or retrieval system;
· duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
· use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Site without prior written permission from Provider, or such third party as may own the trademark, trade name, slogan, logo, image or service mark;
· introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
· use the Site for illegal, harassing, unethical or disruptive purposes;
· use the Site in any way that would affect us adversely or reflect negatively on us, the Site, our goodwill, our employees, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
· violate any applicable law or regulation in connection with your use of the Site; or
Account Use and Security
The Site may permit you to provide certain personal information such as your email address or other information so that you may receive updates and information about products available in your area. You agree that any such information you supply will be truthful, accurate and complete, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Provider reserves the right to terminate your use of the Site.
Data and Intellectual Property Ownership
As between ODYSSEY WELLNESS and you, ODYSSEY WELLNESS owns, has licensed, or otherwise has rights, title and interest in and to the Site and all of the content that appears on the Site. Except for the limited license granted to you in Section 1 above, you agree that you have no right, title or interest in or to the Site and any of its content.
All software (including source code), logos, icons, the Site’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout and selection and arrangement of the content appearing on the Site, as well as all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein, shall be owned solely and exclusively by ODYSSEE WELLNESS and/or its licensors and be protected by United States and international copyright, trade secret or other intellectual property laws and treaties. ODYSSEY WELLNESS and its licensors reserve all rights in connection with the Site and its content, including, without limitation, the exclusive right to create derivative works therefrom.
ODYSSEY WELLNESS name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Provider or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ODYSSEY WELLNESS. Any images of persons or personalities contained on the Site are not an indication or endorsement of ODYSSEY WELLNESS or any particular product or our service unless otherwise indicated.
Third Party Websites, Apps or Resources
The Site may provide links to other websites, apps or resources by third parties. These third-party websites, apps and resources are provided for your convenience only. The third-party websites, apps and resources are not reviewed, controlled, examined, sponsored or endorsed by ODYSSEY WELLNESS and Provider is not responsible for the information, advertising, products, resources or other material of any third-party website, app or resource, or any link contained in a third-party website, app or resource. The inclusion of any website, app or resource does not imply endorsement of the owner/sponsor of the website, app or resource or its content by ODYSSEY WELLNESS. YOUR USE OF ANY SUCH THIRD-PARTY WEBSITES, APPS OR RESOURCES IS AT YOUR OWN RISK. None of Provider Parties (as defined below) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
These Terms are effective until terminated. You may terminate the Terms as to yourself by discontinuing your use of the Site and affirmatively cancelling all features or services to which you are subscribed.
Reliance on Information Posted
The information contained on the Site involves the assembly of many data elements and is subject to human error. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Without limiting the generality of Section 9, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE PROVIDER PARTIES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE PROVIDER PARTIES (AS DEFINED BELOW) ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES, WHETHER CAUSED BY VIRUSES OR OTHERWISE, TO YOUR DEVICE RESULTING FROM YOUR VIEWING OF, ACCESS TO OR USE OF THE SITE.
Limitation of Liability
PROVIDER IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR YOUR INABILITY TO USE THE SITE. IN NO EVENT SHALL PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE (THE “PROVIDER PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), INCURRED THROUGH YOUR USE OF THE SITE OR THROUGH ANY DELAY OR INABILITY TO USE THE SITE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE PROVIDER PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
PROVIDER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT APPEARING ON THE SITE. UNDER NO CIRCUMSTANCES WILL PROVIDER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROVIDER IS TO STOP USING THE SITE AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU. IN NO EVENT SHALL ANY OF THE PROVIDER PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF $1,000. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF
THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE PROVIDER PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, causes of action, demands, liabilities, taxes, obligations, DAMAGEs, LOSSES, FINES OR PENALTIES INCURRED BY A PROVIDER PARTY OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) and all amounts paid in investigation, defense or settlement of any of the foregoing RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS.
Dispute Resolution and Governing Law
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in San Francisco, California. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You and ODYSSEY WELLNESS agree that any arbitration shall be limited to the Dispute between ODYSSEY WELLNESS and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If you have questions or concerns, please contact email@example.com
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