Ownership of Sites; Agreement to Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) govern your access to and use of websites, mobile versions of websites, and mobile applications (“Sites”) that link to, display or reference these Terms and that are owned by Oratech, LLC. (“Oratech”). By accessing, visiting or using the Sites, you accept and agree to be bound by these Terms and to comply with all applicable laws and regulations. Please read these Terms carefully. If you do not agree to these Terms, do not access or use the Sites.
Use of Sites
The pages and all content and material included on or made available through the Sites, including any logos, text, graphics, images, information, data, audio, video, or other content and material (“Content”) are subject to protection under applicable copyright, trademark, and trade dress laws, and various other intellectual property rights and unfair competition laws. As long as you comply with these Terms, Oratech grants you a limited, revocable, non-transferrable, non-exclusive permission to use, view, access, and download materials from the Sites only for non-commercial, personal use. All other use of the Sites is prohibited. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except for the limited privilege in the preceding paragraph, Oratech does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You agree not copy, reproduce, post, distribute, modify, broadcast, transmit, publicly display, or otherwise use any part of the Sites or Content for public or commercial purposes, or copy or post the material displayed on the Sites on any network computer or server, without Oratech’s prior written consent. You may use Content downloadable from the Sites only for personal, non-commercial use, provided that you agree not to modify or change the Content in any way and not to remove, delete, or change any copyright, trademark, or other notifications.
The trademarks displayed on the Sites, are registered and unregistered trademarks owned by, licensed to, or, where required, used with permission by Oratech and may not be reproduced, copied, or manipulated in any manner without prior written consent of the trademark owner. Your misuse of trademarks displayed on the Sites is strictly prohibited.
The Sites may contain content from third parties and/or links to third-party content, such as websites or materials, owned and controlled by other organizations and individuals (“Third-Party Content”). Oratech is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, or suitability of any Third-Party Content. By accessing any Third-Party Content via the Sites, you acknowledge and agree that you do so at your own risk and that Oratech will have no liability arising from your use of or access to such Third-Party Content.
You understand and agree that Oratech products, services, or programs described, referenced, provided, or offered on the Sites may not be available in all geographic locations or may be available in different forms in different locations. Oratech reserves the right to limit, at its sole discretion, the provision of any products, services, or programs to any person or geographic area. If you access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Any offer made on the Sites for any products, services, or programs is void where prohibited.
Termination of Service
You acknowledge and agree that Oratech may, at its sole discretion and without prior notice to you, terminate or suspend your access to the Sites in the event that Oratech determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Sites or Content, and that Oratech seek any other remedies available at law or in equity. In addition, you agree that Oratech may terminate or suspend your access to the Sites in the event of (1) a request by law enforcement or another government agency; (2) a request by you to delete your account; (3) modification of the Sites, or any portion of the Sites, or any applicable policies or terms; (4) discontinuance of the Sites or unexpected technical issues or problems; or (5) Oratech’s belief, at its sole discretion, that such termination or suspension is required by applicable law or is otherwise appropriate. You agree that, in no event, shall Oratech be liable for any damages resulting from termination of your access to the Sites or Content.
You agree to defend, indemnify and hold Oratech, and its affiliates, officers, directors, employees, agents, successors and assigns, harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Sites or Content; (2) your breach of any term of these Terms; or (3) your violation of any applicable laws or regulations. Oratech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Oratech and you agree to cooperate with Oratech’s defense of such claims. You agree not to settle any such matter without Oratech’s prior written consent.
Disclaimer and Limitations on Liability
THE SITE AND CONTENT ARE PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE”, FOR YOUR PERSONAL INFORMATIONAL PURPOSES ONLY, WITH NO GUARANTEES OR WARANTEES WHATSOEVER. ORATECH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANIES OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE TO YOU.
IN NO EVENT WILL ORATECH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THE SITES OR RELIANCE UPON ANY CONTENT ACCESSED VIA THE SITES OR ANY THIRD-PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ORATECH IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY CONTENT OR THIRD-PARTY CONTENT PROVIDED ON THE SITES. YOUR SOLE REMEDY AGAINST ORATECH FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND ORATECH. WITHOUT LIMITATION, ORATECH MAKES NO WARRANTY OR GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ORATECH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR THIRD-PARTY CONTENT REFERENCED BY OR LINKED TO THE SITES.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Sites and Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah, without regard to its conflict of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in Salt Lake City, Utah, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a customer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim you may have with respect to these Terms or the Sites must be commenced within one (1) year after the claim or cause of action arose, or it will be barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
These Terms constitute the entire agreement between you and Oratech with regard to your use of the Sites, and supersede any other written or oral agreements or understandings with respect to the foregoing. Oratech’s failure to enforce a breach of any term hereof shall not be construed as a waiver of any provision of these Terms or any right Oratech has to enforce these Terms, nor shall any course of conduct between Oratech and you or any third party be construed as a modification of any provision of these Terms. Oratech will not accept any counter-offers to these Terms and all such offers are hereby categorically rejected. In the event that any provision in these Terms is found by competent judicial authority to be invalid or unenforceable in any respect, such provision shall be limited or eliminated to the minimum extent necessary and/or replaced with a valid provision to cure the invalidity or unenforceability, and the validity of the remainder of these Terms shall remain unaffected, so that these Terms shall remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oratech without restriction or limitations.