Effective Date: 08/13/2024
Welcome to Remedy OMM. These Terms of Service (“Terms”) govern your access to and use of our website www.remedyomm.com (the “Site”) and any associated services provided by Remedy OMM (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Site.
1. Acceptance of Terms
By using the Site, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, and others who access or use the Site.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. If we make material changes to the Terms, we will notify you by posting the updated Terms on the Site or by other appropriate means. Your continued use of the Site following any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.
3. Eligibility
You must be at least 18 years old to use our Site. By using the Site, you represent and warrant that you meet this eligibility requirement. If you are using the Site on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. User Accounts
4.1 Account Registration
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure it remains accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.2 Account Termination
We reserve the right to suspend or terminate your account at any time, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site will immediately cease, and we may delete your account and all associated data.
5. Purchases and Payments
5.1 Pricing and Payment
All prices listed on the Site are in U.S. dollars unless otherwise stated. We reserve the right to change prices at any time without notice. When you make a purchase on the Site, you agree to pay the applicable fees and any associated taxes. Payment must be made at the time of purchase using one of the payment methods available on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.
5.2 Subscriptions
Certain services on the Site may be offered on a subscription basis (“Subscription”). If you subscribe to a service, you agree to pay the applicable subscription fees and any applicable taxes. Subscriptions will automatically renew at the end of the subscription period unless you cancel your Subscription before the renewal date. You can cancel your Subscription at any time through your account settings.
5.3 Refunds
All sales are final. Refunds will only be issued as required by law or at our sole discretion. If you believe you are entitled to a refund, please contact us through our Contact Page.
5.4 Payment Processing
We use third-party payment processors to handle all payment transactions. By making a purchase on the Site, you agree to the terms and conditions of the payment processor handling your transaction. We are not responsible for any errors, security breaches, or issues that arise from the payment process managed by these third-party processors.
6. Intellectual Property
6.1 Ownership
All content on the Site, including text, graphics, logos, images, audio, video, software, and other materials (collectively, “Content”), is the property of Remedy OMM or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works from the Content without our prior written consent.
6.2 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Site and its Content for your personal, non-commercial use only. This license does not permit you to: (a) resell or make commercial use of the Site or its Content; (b) collect or use any product listings, descriptions, or prices; (c) make any derivative use of the Site or its Content; (d) download, copy, or otherwise exploit the Site or its Content for the benefit of any third party; or (e) use any data mining, robots, or similar data gathering and extraction tools.
7. User-Generated Content
7.1 Submission of Content
You may be allowed to submit, post, or otherwise make available content, including but not limited to comments, reviews, and other materials (“User Content”) on the Site. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
7.2 User Content Restrictions
You agree not to submit any User Content that:
- Infringes the intellectual property rights or other rights of any third party.
- Contains any unlawful, harmful, defamatory, obscene, or otherwise objectionable material.
- Promotes illegal activity, violence, or discrimination.
- Contains any viruses, malware, or other harmful software.
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable at our sole discretion.
8. Disclaimers and Limitation of Liability
8.1 No Warranties
The Site and all Content, products, and services provided through the Site are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
8.2 Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Remedy OMM, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site, including but not limited to loss of profits, data, or other intangibles, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Remedy OMM, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any third-party rights.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [Insert City, State], and the arbitrator’s decision shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration under these Terms will take place on an individual basis, and that class arbitrations and class actions are not permitted.
11. Termination
We reserve the right to terminate or suspend your access to the Site, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason in our sole discretion.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Remedy OMM concerning your use of the Site.
12.2 Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
12.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12.4 Assignment
You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice to you.
13. Contact Information
If you have any questions about these Terms, please contact us through our Contact Page.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.
