USE OF THE SITE
PRODUCTS and PROMOTIONS
USER SUBMISSIONS/ FEEDBACK
LINKED WEB SITES
ADVERTISING DISCLOSURE, ACCURACY
LIMITATION OF LIABILITY
FORMAL DISPUTE RESOLUTION BY BINDING ARBITRATION
CHOICE OF LAW AND TIME TO BRING YOUR CLAIM
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
MODIFICATION OF TERMS
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Osmotics LLC. ("Osmotics" or the "Company") has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any of its contents or information, unless You obtain prior express written consent from Osmotics. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Osmotics or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Osmotic.
2. You may choose to register at our Site. If You do You will have an email address/l username and password for your account. You are solely responsible for maintaining the confidentiality of your account, username and password, and for restricting access to Your account. You agree to accept responsibility for all activities that occur under your account, user name or password. You agree to provide only accurate and truthful information. We reserve the right to refuse service and cancel your account without notice. If you violate these Terms and conditions or if we decide, in our sole discretion that it would be in Osmotics’ best interests to do so.
3. PRODUCTS and PROMOTIONS
The products are made available by Osmotics on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products without obtaining Osmotics prior written consent. Osmotics may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
All sales, savings and promotional codes are valid only according to their terms and conditions and are valid only on full prices items unless specifically otherwise stated. All goods are subject to availability and delivery times provided are estimates only.
Products and promotions available in store may not be available on the Site and Products and promotions available on the Site may not be available in Store.
Product colors which appear on the Site will depend on many factors including your display settings.
5. PROPRIETARY RIGHTS
This Site contains copyrighted materials including images and designs as well as references to trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Osmotics and other parties. No license or right to or in any such copyrighted material, trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Osmotics and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright laws. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Osmotics’ copyrighted material, trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing Omotics’ name, trademarks or other proprietary information or material.
6. USER SUBMISSIONS / FEEDBACK
You agree that all ideas, comments, suggestions, submissions, materials, testimonials, or other information that You provide to Osmotics regarding the Site or products provided on the Site, or Product experience (the "Feedback") shall be Osmotics’ property, and may be copied and used in whole or in part by Osmotics on a non-confidential and unrestricted basis, for any purpose commercial or noncommercial, without any compensation to You.
You agree that Osmotics has no obligation to, but may monitor and review information You transmit over the Site. You agree that Osmotics may censor, edit, remove or prohibit the transmission or receipt of any information that Osmotics deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to protect the Site and to protect the rights of Osmotics. You agree that Osmotics may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
8. LINKED WEB SITES
This Site may include links to other web sites. Osmotics provides such links solely as a convenience to You and for informational purposes only. Osmotics does not control these linked sites, all of which have their own separate privacy and data collection practices independent of Osmotics. The inclusion of these links in no way indicates Osmotics's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Osmotics shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
9. ADVERTISING DISCLOSURE, ACCURACY
The Site may contain technical inaccuracies or typographical errors or omissions. Osmotics is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Osmotics reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
Osmotics and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Osmotics and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
SEE SECTION16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. OSMOTICS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
12. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL OSMOTICS, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE, INABILITY TO USE OR THE PERFORMANCE OR NON-PERFORMANCE BY OSMOTICS OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE OR OSMOTIC PRODUCTS OR MATERIAL AVAILABLE FROM OR PURCHASED ON THIS SITE.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
You agree to indemnify and hold Osmotics and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these Terms and Conditions or Your violation of any law or the rights of a third party. Osmotics's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. FORMAL DISPUTE RESOLUTION BY BINDING ARBITRATION
(1) Write a demand for Arbitration. The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS [to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018].
(3) Send one copy of the Demand for Arbitration to the other party.
15. CHOICE OF LAW AND TIME TO BRING YOUR CLAIM
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 15.
16. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
17. MODIFICATION OF TERMS
Osmotics may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
Revised: June 27, 2016