© 2021 | O2Pod LLC. All Rights Reserved
4. USER ACCOUNTS AND REGISTRATION A. User Registration. You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to place an order, view an order, track an order, and access certain other information and services unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing Contributions in Section 8(A) below. B. User Accounts. If you become a registered user of the Service, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. The Company shall not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to any unauthorized use of your user I.D. or password.
5. TERMS OF SALE A. Placing an Order Through the Service.
(i) Order Information. In order to place an order through the Service, you must provide us with applicable order information. This order information includes (a) your full name and correct and complete address and shipping information, (b)
your phone number, (c) payment information (credit card number, expiry and code numbers), (d) your O2Pod selection, (e) your desired accessories, and (f) your applicable prescription (Rx) information. IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, WE RECOMMEND THAT YOU CONFIRM IT WITH YOUR DOCTOR OR MEDICAL PROVIDER PRIOR TO SUBMITTING AN ORDER. Your order information is saved in your user account for future use.
(ii) 24 Hour Hold Period; Changes to Your Order. After placing an order, you will have twenty-four (24) hours to revise and update the order information you have provided. Following this twenty-four (24) hour period, you will not be able to revise or update your order information, and we are not responsible for any data entry errors that you made when submitting your order information.
B. Delivery. Most orders placed for delivery in the United States are shipped from California or Florida and most orders placed for delivery outside of the United States are shipped from China. Orders are usually shipped from these locations within 30 days from date of the order, depending on chamber type and other factors, and, as with all medical devices, your order is subject to government inspection, shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected. We do not guarantee a specific delivery date.
C. Return Policy. If your O2Pod arrives Damaged, Defective, or Incorrect, Contact Us immediately. Provide your Order Number, detail the problem, and explain how we can help you. We will contact you to resolve the issue. Replacements, as needed, will be shipped after the original merchandise has been received by us.
If you are not completely satisfied with your purchase, unopened items may be returned within 30 days of delivery. Items must be unopened and unused. Shipping Fees are non-refundable unless the return is due to our error or a manufacturing defect. Certain items are non-refundable, or will incur a 20% restocking fee. To Process a Return, Contact Us and request a Return Merchandise Authorization (RMA). Upon receipt, O2Pod will review your RMA within 10 business days. Refunds will be issued via your original payment method, and once issued may take up to 10 days to appear on your statement. Deductions may include return shipping cost, specified restocking fees. SHIPPING CHARGES WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCES.
D. Coupons/Special Sales. “Coupons” and “Coupon codes,” “Sales,” “Free Shipping” and other special pricing and deals are as advertised only. Please read the specific terms for the applicable offer to understand what restrictions or limitations may apply in your jurisdiction. All special pricing and deals will begin and end on the date and at the time specified with the applicable offer. All valid coupons and coupon codes will be provided through the Service or through advertising sponsored by us. We do not have an obligation to honor any coupons or coupon codes that are posted on third party websites or otherwise provided by third parties.
8. RULES GOVERNING USER CONTRIBUTIONS; PROHIBITED ACTIVITIES; SOCIAL MEDIA GUIDELINES.
A. User Contributions. You may be able to submit comments and content to the Service, including uploading photographs, (“Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you provide on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you:
(i) own or have sufficient rights to provide your Contributions on or through the Service;
(ii) will not provide Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
(iii) have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you provide on or through the Service;
(iv) will not provide Contributions that: (a) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (b) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (c) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
(v) will not provide Contributions that contain advertisements or solicit any person to buy or sell products or services; and
(vi) will not provide Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather
information about or monitor the on-line or other activities of another party.
B. Prohibited Uses. You agree that in connection with your use of the Service, you will not: (i) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
(ii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(iii) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(iv) post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
(v) post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
(vi) ecompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
(vii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 10) or enforce limitations on use of the Service or the Materials on the Service.
C. Social Media Guidelines. If you access or use any of our social media pages such as on Facebook, Pinterest, Twitter, Instagram or YouTube, we ask you to follow the following guidelines when contributing content or comments to these social media pages:
(i) Be Polite and Courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, will not be tolerated.
(ii) Stay on Topic. Keep the conversation relevant to the community and contribute to the dialogue. We reserve the right to remove content that is off-topic, out of context, spam, promotional or links to third party sites.
(iii) Keep It Real. All postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles, or that we disapprove of.
(iv) Contact Us with Your Concerns. We would like to hear about your complaints or concerns regarding the Service before you share them on our social media pages so that we can help resolve them for you. If you are a customer and have a customer service comment, complaint, concern or idea, we encourage you to use Contact Us to reach our customer service team. We reserve the right to remove content you post on our social media pages that violates these social media guidelines.
9. RIGHTS IN CONTRIBUTIONS
A. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
B. Grant of License to Us for Contributions. By making a Contribution to the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute
the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or subsequently created.
10. OUR INTELLECTUAL PROPERTY RIGHTS. Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, including O2POD are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
12. WARRANTY DISCLAIMER; LIMITATION ON LIABILITY A. Disclaimer of Warranties.
(i) EXCEPT FOR OUR WARRANTY OBLIGATIONS SET FORTH IN SECTION 5(D)(II), TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND ALL CONTENT, MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OUR PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
(ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
(iii) YOU AGREE THAT O2POD LLC SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD
PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL, (B) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
14. U.S.A. BASED SITE. The Service is controlled and operated by the Company from its offices in the State of Florida. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. Your use of or access to the Service should not be construed as the Company purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction.
15. LEGAL DISPUTES AND ARBITRATION AGREEMENT AND RIGHT TO OPT OUT Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available via our Contact Us form to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make
arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 15(B), 15(C), and 15(D) by sending written notice of your decision to our Contact Us form. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 15(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Boca Raton, FL (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Boca Raton, FL for any applicable litigation other than small claims court actions.
17. NOTICE TO CALIFORNIA USERS. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2021 O2Pod LLC