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TERMS OF CONDITIONS

SECURITY

Precautions are taken to protect the information of the users of our Site. When users submit sensitive information via the Site, we attempt to protect that information both online and off-line. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We take credit card information security seriously and use a variety of technical solutions to make shopping safe at our Site. Furthermore, we encrypt and protect your information utilizing the industry standard Secure Sockets Layer (SSL) encryption software.

While we use SSL encryption to protect sensitive information online, we also protect user-information off-line. The information of our Site’s users, including the sensitive information mentioned above, is maintained in a restricted section in our offices. Only those of our employees who need the information to perform a specific job (for example, our account or customer service representatives) are granted access to personally identifiable information. Furthermore, our employees are kept up-to-date on our security and privacy practices.

No data transmission over the Internet or across mobile carriers and networks, or method of storage – electronic or otherwise – can be guaranteed 100% secure. As a result, while we strive to protect your information, we cannot guarantee its absolute security. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE SITE, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCEPTANCE OF TERMS

The Terms of Services of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by OLGYN from time to time, are collectively referred to as the “Terms of Services” and govern the use of the Site. You should carefully read the Terms of Services before using the Site. You can review the most current version of the Terms of Services at any time at https://olgyn.com. By using the Site, you: (i) acknowledge that you have reviewed and agree to be bound by the Terms of Services; (ii) represent and warrant that you are at least eighteen (18) years old; and (iii) represent and warrant that you have the legal authority to accept the Terms of Services. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. This is a legally binding agreement. If you do not agree with the Terms of Services, you are not authorized to use the Site.

ACCESS TO THE SITE

Access to certain portions of this Site may require login and password information provided only to users and/or businesses who have registered (the “Registered Users”). The login and password are provided for the use of the Registered User only and are not transferable. If you have received a login and password that belong to another person, you are not authorized to use that login account and we request that you notify OLGYN of the misdirected login information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at OLGYN sole discretion, in cancellation of the Registered User’s registration and other remedies, and OLGYN shall have no liability to the Registered User.

USE OF THE SITE AND REGISTRATION

Use of the Site is voluntary. You may choose not to use the Site and you may choose not to register as a Registered User. You may use or download Content for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes.

The information OLGYN obtains from users and Registered Users will be used only in accordance with OLGYN’s Privacy Policy. You may de-activate your login and password at any time by contacting de-activate by contacting OLGYN at sales@olgyn.com. In addition, you may have to pay a fee for access to the Site pursuant to a separate agreement with OLGYN.

If you choose to register as a Registered User, you agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify OLGYN in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorised use of your password or of any other breach of security related to the Site. OLGYN is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under USA copyright laws and international conventions. All rights are reserved.

PROHIBITED BEHAVIOR

You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting OLGYN’s and third parties’ rights with respect to Content that appears on the Site and agree not to download, email or otherwise transmit such Content in violation of OLGYN’s and third parties’ rights. You agree to use the Site solely to accommodate your own personal or business needs. You may not use or exploit any portion of the Site, Content or Services to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of the Site to any third party. You shall not use the Site or Services to:

  • Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;
  • Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
  • Impersonate another person or entity, including without limitation, a representative of OLGYN or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
  • Use the Site or Services for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
  • Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect OLGYN or any third party; or
  • Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

Engaging in any of the foregoing prohibited actions may result, at OLGYN’s sole discretion, in cancellation of the Registered User’s registration and other remedies, and OLGYN shall have no liability to the Registered User.

DISCLAIMER OF WARRANTIES

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OLGYN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.OLGYN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OLGYN MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.

EXCLUSIONS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLGYN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF OLGYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE, CONTENT OR SERVICES.

INTELLECTUAL PROPERTY

COPYRIGHT

The Content on the Site is owned by OLGYN and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of OLGYN, except that, subject to your compliance with the Terms of Services, OLGYN authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights ofOLGYN, or third parties.

TRADEMARKS

“OLGYN” is a trademark in which OLGYN claims priority and ownership. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of OLGYN or the owner of such mark.

All intellectual property on this Website is owned by OLGYN or its affiliated companies, which includes trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of OLGYN or its affiliated companies and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms of Services or by your use of this Web Site. Your misuse of the trademarks displayed on this Web Site is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

LINKS

The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by OLGYN with respect to the provider of such linked site or the linked site. OLGYN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.

INDEMNITY

You agree to defend, indemnify, and hold OLGYN, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Services or from your use or misuse of this Site.

JURISDICTION

You agree that this Agreement and the relationship between you and OLGYN will be governed by the laws of the State of Indiana, without respect to its conflict of laws, provisions and that venue with respect to any dispute between you and OLGYN will rest exclusively in the state or federal courts located in Indiana.

CHANGES TO TERMS OF SERVICES

OLGYN may change the Terms of Services from time-to-time. If such a change is made,OLGYN will post the revised Terms of Services on the Site. OLGYN reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. OLGYN reserves the right to refuse to offer access to the Site to anyone at any time without notice.

ERRORS AND INACCURACIES

Our goal is to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Web Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

LIMITED LICENSE

This Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by us as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in the Materials is conveyed to you. This is a limited, nonexclusive license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web Site or any of its Materials without our prior written permission; (b) you may not access or use this Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason.

REVISIONS

We may terminate, change, suspend or discontinue any aspect of our Web Site, including the availability of any features of the site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of our Web Site after any changes to these terms are posted will be considered acceptance of those changes.

MISCELLANEOUS

The Terms of Services constitute the entire agreement between you and OLGYN relating to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and OLGYN arising solely through the use of the Site. The Terms of Services are binding upon your successors, assigns, heirs and executors. If any provision of the Terms of Services is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Services, which shall remain in full force and effect. The failure of OLGYN to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms of Services must be filed within one year after such claim or cause of action arose. The section titles of the Terms of Services are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
Your use of the Site indicates that you agree to the foregoing Terms of Services. If you do not agree to the Terms of Services, DO NOT USE THE SITE.

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