Last Revised: March 29, 2015
1. Applicability of Terms and Conditions.
Your purchase of Products from Ora is expressly made subject to this Agreement. The terms of this Agreement may be amended by Ora from time to time. You are bound by the version of this Agreement that is in effect on the date of your order of Products. This Agreement constitutes the complete agreement between you and Ora, and supersedes all prior communications, representations and agreements, written or oral. No additional or different terms or conditions set forth in any purchase order or other communication from you to Ora shall apply unless expressly agreed to in writing by Ora, and Ora hereby rejects any terms and conditions that are contrary to this Agreement.
You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; and (iv) all information that you submit to Ora is true, accurate, complete and current.
3. Purchase of Products.
If you elect to purchase Products on or through the Site, you agree to the pricing and payment terms, as we may update them from time to time. You may place orders for Products on the Site by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Ora for processing. All orders are subject to acceptance by Ora, and Ora reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Ora reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Ora unless Ora notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.
4. Recurring Purchases.
You may purchase Products on an as-needed basis or by subscribing to the monthly purchase program (the “Program”). By subscribing to the Program, you agree that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription in the Program will be automatically extended for successive monthly periods, at the then-current subscription rate in accordance with this Section. To cancel your participation in the Program, you must log into your account and follow the applicable cancellation procedures or call us at (310) 579-9335, or email us at email@example.com and we will do it for you. You must make a cancellation or change to your subscription at least five (5) business days in advance of a scheduled shipment, otherwise the scheduled purchase and applicable charges in effect prior to such cancellation/change shall apply. Ora will process the monthly charge pertaining to the Program without further authorization from you, until you provide prior notice (pursuant to the above) that you have terminated this authorization or wish to change your payment method.
5. Prices and Taxes.
The prices of our Products may vary, and we may add new Products for additional fees and charges at any time in our sole discretion. The prices for the Products shall be as set forth on the Site at the time that you place your order; however if there was an error on the posted price Ora shall inform you and the order will be cancelled or made subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing charges, but exclude shipping and delivery charges. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by Ora and shall be charged to your credit card account.
Payment for the Products may only be through valid credit cards acceptable to Ora or gift cards/codes issued by Ora (gift cards/codes cannot be redeemed for cash and are only valid for purchase of Products on the Site). By submitting your order to Ora for processing (including providing your credit card information), you authorize Ora to charge the full amount of your order (including taxes, shipping, handling, insurance and related charges described to you on the Site) to your credit card. You agree to pay all charges incurred by users of your credit card used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Site at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases. Notwithstanding anything to the contrary set forth in this Agreement, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by Ora shall be credited to the credit card that you used to purchase the applicable Products.
7. Shipping, Delivery and Risk of Loss.
Ora will have the Products shipped to you as they become available for shipment. You understand that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. Ora reserves the right to ship your order in parts. All shipping, handling, insurance and related charges will be charged to your credit card. Title, and the risk of loss or damage while in transit, to all Products ordered by you will pass to you upon Ora’s tender of the Products to the common carrier at Ora’s facility. You must file all claims for loss or damage directly with the carrier, and you shall remain liable to Ora for the full purchase price of the Products notwithstanding any such loss or damage.
8. Products Purchased for Personal Use Only.
You acknowledge and agree that the prices charged to you for the Products are based upon Ora’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.
9. Warranty and Returns.
The Products purchased by you are warranted only pursuant to the warranty information, if any, accompanying the Products. You acknowledge and agree that Ora has no obligation to provide a refund for any Products. Although we may grant refunds, we examine refunds on a case by case basis and have the sole discretion in granting or denying any refunds. You may return a Product only pursuant to the return procedures set forth on the Site or in the Order Summary/Return Slip accompanying the applicable Product. All returns must be made within thirty (30) days of the date on which the applicable Product was shipped to you, and you must first contact us for a RMA number and provide all information that we request. You must strictly comply with all instructions set forth on the Site or such Order Summary/Return Slip to receive a refund, credit or exchange, as applicable. Your sole remedy for any defective or unwanted Product is to return the Product to Ora as set forth above. If you return a Product without complying with the foregoing requirements, your return of the Product may be rejected by Ora or may be subject to a repackaging or restocking charge which Ora shall subtract from any refund Ora may provide to you. Please note that you are solely responsible for paying shipping, handling and insurance on returned Products unless such Products are returned due to defect, in each case as determined by Ora in its sole discretion. This limited warranty does not apply to any failure of a Product which in Ora’s absolute judgment is due to or as a result of: (i) your negligence, abuse, accident, improper use or other physical damage to the Product; (ii) using the Product for purposes other than as intended; (iii) combining the Product with other products not intended or recommended for use with the Product; (iv) causes beyond Ora’s control including, but not limited to, fire, flood, wind, freezing, biological infestations, unusual atmospheric conditions, or acts of war or acts of God; or (v) your violation of applicable laws or regulations regarding use of the Product.
10. Disclaimer of Warranties.
THE WARRANTY AND REMEDIES SET FORTH IN SECTION 8 (“WARRANTY AND RETURNS”) ABOVE ARE YOUR SOLE AND EXCLUSIVE WARRANTY AND REMEDIES REGARDING PRODUCTS THAT YOU PURCHASE FROM THE SITE. ALL USE OF THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS AND ANY CONTENT AND INFORMATION PRESENTED ON THE SITE OR VIA THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. ORA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, SITE CONTENT OR PRODUCTS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. ORA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND ORA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER ORA NOR ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE SITE MAY INCLUDE CERTAIN INACCURACIES OR TYPOGRAPHIC ERRORS (SUCH AS ERRORS IN POSTED PRICES, PRODUCTS INFORMATION AND THE LIKE) AND ORA SHALL NOT BE RESPONSIBLE OR OBLIGATED TO YOU IN ANY IN THE EVENT OF SUCH INACCURACIES OR ERRORS. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL ORA, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE PRODUCTS, INCLUDING THE SITE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ORA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ORA SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS, OR YOUR INTERACTIONS WITH ORA OR ANY OTHER USE OF THE PRODUCTS. IN NO EVENT SHALL ORA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF US $100 OR THE FEES PAID BY YOU TO ORA IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THIS AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS AGREEMENT AND THAT ORA WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THIS AGREEMENT BUT FOR THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE ORA TO GRANT YOU THE RIGHTS SET FORTH IN THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Allocation of Available Supply; Force Majeure.
If for any reason Ora is unable to supply all or any portion of the Products ordered by you, then Ora may allocate its available supply among any or all purchasers, on such basis as Ora may, in its reasonable discretion, deem fair and practical. In addition, Ora shall not be liable or deemed in default for any delay or failure in performance resulting directly or indirectly from any cause which is unavoidable or beyond the reasonable control of Ora.
You and Ora may communicate with each other either electronically, via facsimile or postal mail, or by courier. Notices shall be deemed to have been duly given or delivered if delivered personally or sent by facsimile or electronic mail (receipt confirmed by recipient), two (2) days after being sent by a nationally recognized overnight service, or three (3) days after being mailed by registered or certified mail, return receipt requested with first class postage prepaid. Ora will contact you using the information that you provide to Ora, and you shall be solely responsible for the accuracy and completeness of such information. Ora’s contact information is below:
Vital Amine, Inc. d/b/a Ora
13802 NW Passage, Ste. 101
Marina del Rey, CA 90292
14. Compliance with Laws; Export Control.
The Products are made available from Ora’s designated facilities in the United States. Ora makes no representations that the Products are appropriate or available for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Products, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.
Last Revised: March 29, 2015
We may modify the Terms from time to time. You understand and agree that your access to or use of our Products is governed by the Terms effective at the time of your access to or use of our Products. If we make material changes to these Terms, we will notify you by email or via our Products prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site or the Products after the effective date of modifications to the Terms indicates your acceptance of the modifications. If you do not agree to any of these terms or any future Terms, you may not use or access (or continue to use or access) the Products.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
"You" and "your" refer to you, as a user or purchaser of our Products. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses or purchases our Products. "We," "us," "our," and “Ora” refer to Vital Amine, Inc. d/b/a Ora.
"Content" means text, images, graphics, illustrations, software, photos, audio, video, location data, and all other forms of data, information, materials or communication, and IP Rights (as defined below) therein and thereto. "Your Content" means Content that you submit or transmit to, through, or in connection with our Products, such as ratings, reviews, “likes,” “helpful” votes, comments, questions, replies, messages, and information that you publicly display in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with our Products, including Your Content. "Ora Content" means all Content that we create and make available in connection with our Products. "Third Party Content" means Content that originates from parties other than Ora or its users, which is made available in connection with the Products. "Site Content" means all of the Content that is made available in connection with our Products or otherwise forms a part of our Products, including all materials therein or transferred thereby, including Your Content, User Content, Third Party Content, and Ora Content. “IP Rights” means all patent rights, copyright rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
2. Using the Products
The Site and Products are not directed at children younger than 18 years of age. The Site and Products are intended solely for users who are 18 years of age or older, and any use or access of the Site or Products by anyone under 18 is strictly prohibited and in violation of these Terms. Ora does not knowingly collect, use or solicit personal information about or from children aged 13 or younger. If we learn that Ora has collected information from a child aged 13 or younger, we will delete that information as quickly as possible. By using the Site or Products, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. You may not access or use the Site or the Products if you are a competitor of ours or if we have previously banned you from our Products or closed your account. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device (e.g. an iOS or Android app, or a browser bookmarklet). You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Limited License
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products; provided that, if you are accessing our Products as an individual, then such use must be for your personal, non-commercial use only, and if you are accessing our Products on behalf of a business entity, then such use must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Ora. You acknowledge and agree that your use of our Products is at your own risk, including any risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
c. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Products. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to restrict, limit or close your account at any time for any or no reason. You represent that any information that you provide when creating your Ora account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. If you represent a business, brand, or product, you must disclose your affiliation in any reviews or other User Content that you may post.
d. Communications and notifications
e. Changes, Suspension of Access, and Certain Terminations.
We may, without prior notice, change the Products; stop providing the Products or features of the Products, to you or to users generally; or create usage limits for the Products. We may permanently or temporarily terminate or suspend your access to, or our provision of, any or all of the Products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, your right to access or use the Products will immediately cease, and may result in the immediate deletion of Your Content. If you wish to terminate your use of the Products, you may notify Ora at firstname.lastname@example.org or simply discontinue using the Products to the extent you do not have a subscription with Ora. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.
As between you and Ora, you retain all rights in, and are solely responsible for, Your Content; provided that, by posting Your Content to the Products, you grant Ora and its users the rights to use Your Content as described below.
Any information or content publicly posted or privately transmitted through the Products is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Ora is not liable for any errors or omissions in that information or any Content, including Your Content, or for any damages or loss you might suffer in connection with the foregoing. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Products. Ora does not guarantee the identity of any users with whom you interact in using the Products and is not responsible for which users gain access to the Products. You are responsible for all Content you contribute, in any manner, to the Products, including Your Content, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for your activity in connection with the Products. You may not imply that Your Content is in any way sponsored or endorsed by Ora. You acknowledge and agree that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b. License to Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, by posting Your Content to the Products, you hereby irrevocably grant, and represent and warrant that you have all necessary rights to grant, to Ora a perpetual, non-exclusive, royalty-free, assignable, transferable, sublicenseable, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, commercialize, remove, analyze, syndicate, publicly perform, publicly display, and make derivative works of Your Content including your or any third-party name or likeness as contained in Your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Products and Ora’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Products (and derivative works thereof) in any media formats and through any media channels. You also irrevocably grant the users of our Products and any Other Media the right to access Your Content in connection with their use of the Site, Products and any Other Media, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Products and under these Terms. Finally, you irrevocably waive, and cause to be waived, against Ora and its users any claims and assertions of moral rights or attribution with respect to Your Content. If the features of the Products allow you to remove or delete Your Content from the Services, the above licenses granted by you in Your Content terminate within a commercially reasonable time after you remove or delete Your Content from the Products. Notwithstanding the foregoing, you understand and agree that Ora may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted; provided that in certain cases, such as if Your Content has been included in printed content or otherwise used, the above licenses granted by you with respect to Your Content will not terminate and Your Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in Your Content for which the Products do not provide you a means to delete or remove are perpetual and irrevocable.
As between you and Ora, you own Your Content. We own Ora Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and the Products excluding Your Content, User Content and Third Party Content. We also own the IP Rights associated with Ora Content and our Products, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such IP Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content (excluding Your Content). Except as expressly provided herein, all rights in and to our Products and Ora Content are retained by us. Ora, ora.organic, and other Ora graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks or trade dress of Ora. Ora’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ora.
We may publicly display advertisements and other information adjacent to or included with Your Content (for example, a product advertisement may be featured next to your review of that product). You acknowledge and agree that you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at any time without specific notice to you.
User Content (including User Content that may have been created by users employed or contracted by Ora) does not necessarily reflect the opinion of Ora. We reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
f. DMCA Policy
Termination of Repeat Infringer Accounts. Ora respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Ora has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Products who are repeat infringers. Ora may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site or Products infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Ora’s designated copyright agent at Vital Amine, Inc. d/b/a Ora, Attention: Copyright, 13802 NW Passage, Ste. 101, Marina del Rey, CA 90292:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that Your Content that has been removed from the Site or Products is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Ora is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Ora copyright agent, Ora may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Ora’s discretion) be reinstated on the Site and Products in 10 to 14 business days or more after receipt of the counter-notice.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
a. You agree not to, and will not assist, encourage, or enable others to use our Products to:
- Violate our content guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use our Products for commercial purposes, except as previously expressly authorized by Ora in writing;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;
- Provide false or inaccurate content, or impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- Solicit personal information from minors, or submit or transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; or
- Violate any applicable laws or regulations.
b. You also agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Products or Site Content (other than Your Content), except as previously expressly authorized by Ora in writing;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Products or any Site Content;
- Reverse engineer, decompile, or disassemble any portion of our Products;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Products;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of our Products for purposes of constructing or populating a searchable database of product reviews;
- Reformat or frame any portion of our Products;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Ora’s technology infrastructure or otherwise make excessive traffic demands of our Products;
- Attempt to gain unauthorized access to our Products, user accounts, computer systems or networks connected to our Products through hacking, password mining or any other means;
- Use our Products or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Use any device, software or routine that interferes with the proper working of our Products, or otherwise attempt to interfere with the proper working of our Products;
- Use our Products to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Products or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Products, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Products.
c. Further, the following additional terms also apply to the App available via the Apple, Inc. (“Apple”) App Store:
- Both you and we acknowledge that these Terms are concluded between you and us only, and not with Apple, and that Apple is not responsible for the App;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicenseable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Ora, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Ora, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and we acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
The restrictions set forth in this Section 4 only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Ora cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide Your Content at your own risk. Please notify us immediately of any compromise or unauthorized use of your account.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Products (“Feedback”), then you hereby grant to Ora a world-wide, royalty free, irrevocable, perpetual license to use, incorporate and otherwise exploit any Feedback in connection with the Products and any of Ora’s or any of its successors’ or affiliates’ businesses, products, technology, services, specifications or other documentation.
7. Third-party links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Ora. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, services or content. If you access any such third party website, information, materials, products, service, or content from the Site or Products, you do so at your own risk and you agree that Ora will have no liability arising from your use of or access to any third-party website, information, materials, products, service, or content.
You agree to indemnify, defend, and hold Ora, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Ora Entities") harmless from any damages, liabilities, claims or demands, including costs and legal fees, made by any third party arising out of or relating to (i) your access to or use of our Products, (ii) your violation of these Terms, (iii) any products or services purchased or obtained by you in connection with our Products, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ora reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an Ora Entity and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Ora. Ora will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This defense and indemnification obligation will survive these Terms and your use of the Products.
9. No Warranty
The Products may be unavailable from time to time for maintenance or other reasons. Ora shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Site. ALL USE OF THE SITE AND THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS AND ANY CONTENT AND INFORMATION PRESENTED ON THE SITE OR VIA THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. ORA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, SITE CONTENT OR PRODUCTS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. ORA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND ORA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
WITHOUT LIMITING THE FOREGOING, NEITHER ORA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE, SITE CONTENT, AND PRODUCTS WILL BE UNINTERRUPTED OR THAT THE SITE, SITE CONTENT AND PRODUCTS WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS. NEITHER ORA NOR ITS LICENSORS WARRANT THAT THE PRODUCTS ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ORA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitations of Liability
UNDER NO CIRCUMSTANCES WILL ORA, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE PRODUCTS, INCLUDING THE SITE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ORA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ORA SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS, OR YOUR INTERACTIONS WITH ORA OR ANY OTHER USE OF THE PRODUCTS.
IN NO EVENT SHALL ORA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF US $100 OR THE FEES PAID BY YOU TO ORA IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS AND THAT ORA WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE ORA TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Products are made available from Ora’s facilities in the United States. Ora makes no representations that the Products are appropriate or available for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Products, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.
If you intend to seek arbitration you must first send written notice to Ora of your intent to arbitrate (“Notice”). The Notice to Ora should be sent by U.S. Postal Service certified mail to Vital Amine, Inc. d/b/a Ora, 13802 NW Passage, Ste. 101, Marina del Rey, CA 90292. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Ora agree otherwise in writing, the arbitration will be conducted in Los Angeles, CA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Ora will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses; provided that the arbitrator shall award only such damages as are permitted to be awarded pursuant to these Terms. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ORA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Governing Law and Jurisdiction
These Terms shall be governed by the FAA and the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles, California, for any actions not subject to Section 11 (Arbitration), and you hereby waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to such courts.
14. General Terms
The rights granted to you under these Terms are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms without the written consent of Ora shall be void and of no force and effect. Ora may freely assign these Terms, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. These Terms will inure to the benefit of and will be binding upon each party’s successors and permitted assigns.
2. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
4. Entire Agreement / Severability / Interpretation
5. No Waiver
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ora's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
6. California Users and Residents.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of information which we share with our affiliates or third parties for marketing purposes, and providing contact information for such affiliates or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com or the postal mail address located below.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Ora must be addressed to our agent for notice and sent via certified mail to:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Vital Amine, Inc. d/b/a Ora
13802 NW Passage, Ste. 101
Marina del Rey, CA 90292
Telephone: (310) 579-9335
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. For any questions, please contact us at:
By ordering from this site, you hereby authorize Pitney Bowes Inc. and/or its service providers to act as your agent to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf, including, but not limited to, arranging for the importation of each commodity ordered by you, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. You further authorize the customs brokers and/or freight forwarders selected by Pitney Bowes to make, endorse, sign, declare and/or swear to any customs entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the importation and/or transportation of the commodity that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. You understand, and agree, cost quotes are best estimates and may not always reflect the actual cost to Pitney Bowes Inc. You will incur no additional charges or refunds for the difference between the quotes and the actual cost to Pitney Bowes Inc. Pitney Bowes Inc.’s services are intended for merchandise that is not being delivered for resale purposes.