TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Terms of Use”) are the terms of a legal agreement between you and OXYwater, Inc. (“we” or “us”). By accessing, browsing, or using the website at www.tryoxywater.com (“the Site”), you agree to be bound by these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE.
PRIVACY
Please review our
Privacy Policy, which also governs your use of this Site, to understand our privacy practices.
REVISIONS TO TERMS OF USE
We may, without notice to you, at any time in our sole discretion, revise these Terms of Use by updating this posting. It is your sole responsibility to review these Terms of Use for changes before using the Site, and your continued use of the Site constitutes your acceptance of any changes. We may also make changes in the information on the Site or the products, services, or programs described in the Site at any time without notice.
INTELLECTUAL PROPERTY
OXYwater, www.tryoxywater.com, www.oxywater.com, logos, other marks, the site and associated content (and any derivative works or enhancements of the same), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the Site, the design of the Site, and all related intellectual property rights, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Site (collectively, the “Site Content”), are owned by us and/or our licensors, affiliates or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you will not acquire any right, title or interest in the Site or any Site Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of OXYwater. No part of the Site may be reproduced or retransmitted in any way, or by any means, without the express written permission of OXYwater. You also may not, without OXYwater’s prior express written permission, "mirror" any of the Content contained on the Site on any other server.
ACCESS AND USE
We grant you non-exclusive, non-transferable, limited permission to access and display the web pages within the Site, solely on your computer and for your personal, non-commercial use only. Our permission is conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance and compliance with these Terms of Use and any other terms, conditions, and notices accompanying the content or otherwise set forth in the Site.
Except as expressly permitted in these Terms of Use or as we may otherwise authorize in writing, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner.
When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted above, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the Site Content on another website or in any other media.
ELECTRONIC COMMUNICATIONS
When you optin to recieve emails from us or send emails to us, you are communicating with us electronically and, in doing so you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SUBMITTED MATERIALS
By sending us any information or material in any form, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload,post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law or are requested to do so by regulatory or law enforcement officials. Personally-identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our privacy policy.
We do not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to us through the Site will be deemed NOT to be confidential.
THIRD-PARTY CONTENT
We may make available a link from this Site to a third party’s web site. These links permit you to leave this Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You should carefully review the privacy statements and other terms and conditions of use of all linked sites you visit.
SITE CONTENT
We provide the Site and the Site Content for educational, entertainment, ecommerce, and/or promotional purposes only. The Site Content is not promised or guaranteed to be accurate, current, or complete. We assume no responsibility (and expressly disclaim responsibility) for updating the Site to keep information current or to ensure the accuracy, completeness or usefulness of any Site Content. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Site Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Site Content.
We make no assurances that any reported problems will be resolved by us, even if we elect to provide information with the goal of addressing a problem.
LINKING TO THE SITE
You may link to the Site only if the link and the pages that are activated by the link do not: (a) create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (b) misrepresent your relationship with us; (c) imply that we approve or endorse you, your website, or your service or product offerings; and (d) present false or misleading impressions about us or otherwise damage the goodwill associated with our name or trademarks. All other links to the Site must be approved in writing by us in advance.
We may at any time, in our sole discretion, terminate our permission to link to the Site. In such event, you agree to immediately remove all links to the Site and to cease using any of trademarks or other intellectual property.
INTERNATIONAL USERS
If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
ONLINE ORDERS
The products that are displayed on the Site are being offered for sale by OXYwater. If a product offered on this Site is not as described, you may contact OXYwater of the product. All prices and costs listed on this Site are subject to change without notice. OXYwater reserves the right to cancel and refund any order for any reason at any time.
RESEARCH PROJECTS
For research groups that OXYwater conduct research projects on OXYwater, OXYwater is only able to pay a 25% indirect recovery rate.
DISCLAIMER OF WARRANTY
USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE ABOUT SERVICES OR GOODS RECEIVED, ADVERTISED OR ACCESSED THROUGH THE SITE OR THAT THE SITE AND THE SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you. These limitations shall apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA) RELATED TO OR ARISING FROM THE SITE, THE SITE CONTENT, OR ANY SITE OR CONTENT LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SITE CONTENT IS TO STOP USING THE SITE.
Some jurisdictions do not allow limitations of liability, so the above exclusions may not apply to you. These limitations shall apply to the fullest extent permitted by law.
TERMINATION
We reserve the right in our sole discretion and at any time to suspend or terminate your use of the Site for any reason (including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use). You agree that we are not liable to you or any third party for suspending or terminating your use of the Site. Any suspension or termination of your use of the Site will not affect your obligations to us under these Terms of Use, and the provisions of these Terms of Use which by their nature should survive the suspension or termination of your use will so survive. Any suspension or termination of your use of the Site will be without prejudice to any other right or remedy to which we may be entitled under these Terms of Use or applicable law.
ADDITIONAL TERMS
We reserve the right to provide you with different or additional terms that may govern your use of the Site generally, unique to specific materials, information, products, software, and services offered through the Site, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Washington without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with the Site or these Terms of Use shall be brought exclusively in the state or federal courts located in King County, Washington, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
MISCELLANEOUS
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. The section headings used herein are for convenience only and shall not be given any legal import. If any part of these Terms of Use is unlawful or unenforceable for any reason, you and we agree that only the unlawful or unenforceable part of the Terms of Use shall be stricken and that the remaining terms in these Terms of Use shall not be affected. These Terms of Use (together with our privacy policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Last updated: 02/01/2013.