TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Oxigenesis, Inc. (“Oxigenesis”) provides this Website as a service to our customers. Users of Poweredbyoxygen.com (this "Website") agree that access to and use of this Website are subject to the following Terms and Conditions and other applicable laws. If you do not agree to these Terms and Conditions, please do not use this Website.
The information and descriptions presented on this Website are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.
All design and content featured on this Website, including but not limited to navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Oxigenesis, Inc.
Unless otherwise noted, all content posted on this Website is:
Copyright Oxigenesis, Inc.
ALL RIGHTS RESERVED.
The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Oxigenesis. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. Oxigenesis grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to Oxigenesis, Inc.
All trademarks, service marks and trade names of Oxigenesis used in the Website (including ASO® and ASO Sport™) are trademarks or registered trademarks of Oxigenesis, Inc..
This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Oxigenesis disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Oxigenesis does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Oxigenesis does not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Oxigenesis shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Oxigenesis has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product on Poweredbyoxygen.com is mistakenly listed at an incorrect price, Oxigenesis reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Oxigenesis reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Oxigenesis shall issue a credit to your credit card account in the amount of the incorrect price.
Term + Termination
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Oxigenesis without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Oxigenesis may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Poweredbyoxygen.com.
Your use of this Website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Oxigenesis products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Oxigenesis products) must be commenced within one (1) year after the claim or cause of action arises. Oxigenesis' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Oxigenesis may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Oxigenesis or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Oxigenesis does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Oxigenesis is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Oxigenesis reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Oxigenesis in its sole discretion.
You agree to indemnify, defend, and hold harmless Oxigenesis, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
In an attempt to provide increased value to our visitors, Poweredbyoxygen.com may link to sites operated by third parties. However, even if the third party is affiliated with Oxigenesis, Oxigenesis has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Poweredbyoxygen.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Oxigenesis seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).
The information contained on Poweredbyoxygen.com is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.
Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any health problem or disease. You should read carefully all product packaging prior to use and consult with your doctor or health care professional.