All Site Content (as defined below) is current as of the date it is posted on the Site to the best of OMORPHO's knowledge.
- Intellectual Property
The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) ("Site Content") are the property of Omorpho or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The OMORPHO name and related logos are trademarks and service marks ("Marks") of OMORPHO. OMORPHO Marks may not be used without advance written permission of OMORPHO, including in connection with any product or service that is not OMORPHO, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents OMORPHO. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Omorpho as described in Section 17.
- Limited License And Prohibited Uses
OMORPHO grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Omorpho is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
- Use the Site in any way that violates any applicable law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- Impersonate or attempt to impersonate OMORPHO, an OMORPHO employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by OMORPHO, may harm OMORPHO or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without OMORPHO's prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
This Site is not intended for children under 13 years of age. OMORPHO does not knowingly collect Information from children under 13. If you are under 13, do not use this Site or provide any Information about yourself to Omorpho, including your name, address, telephone number or email address.
- Account Registration
To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions OMORPHO takes with respect to your Information consistent with our Privacy Notice.
- Use and Protection of Login Credentials
- Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of OMORPHO. OMORPHO is not responsible for the content or accuracy of any materials provided by any third parties.
- Links To Other Web Sites
OMORPHO may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. OMORPHO does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE OMORPHO ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN "AS-IS" BASIS. OMORPHO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, OMORPHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
- Limitation of Liability
THE SITE MAY INCLUDE FEATURES THAT PROMOTE PHYSICAL ACTIVITY OR GENERAL WELLNESS. SUCH FEATURES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE OR SERVICES, OR FOR DIAGNOSTIC OR TREATMENT PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OMORPHO IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, OMORPHO'S PRODUCTS AND/OR FEATURES.
OMORPHO MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, WILL NOT EXCEED $100.
- Limitation On Time To File Claims
- Injunctive Relief
- Waiver And Severability
- Entire Agreement
- Term and Termination
You agree that OMORPHO, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
- Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Multnomah County, Oregon.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Communications and Contact Information
ATTN: Legal Department
416 NW 14th Avenue
Portland, OR 97209
EFFECTIVE DATE: August 26, 2021