Terms and Conditions
1. License Grant This TOU provides You with a personal, revocable, limited,
non-exclusive, non-transferable, and non-sublicenseable license to use the Website
solely for your personal use and conditioned on your continued compliance with this
TOU. You may print materials and information from the Website solely for your personal
use, provided that all hard copies contain all copyright and other applicable notices
contained in such materials and information. Notwithstanding the foregoing, You may
not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify,
alter, license, sublicense, or commercially exploit the Website (or any part thereof) in
any manner not expressly permitted by this TOU, (ii) reverse engineer, decompile,
disassemble, translate, or create any derivative work of the Website (or any part thereof);
(iii) access, link to, or use any source code from the Website (or any part thereof); or
(iv) erase or remove any proprietary or intellectual property notice contained in or on
the Website (or any part thereof or materials therefrom).
2. User Obligations By accessing or using the Website, You agree to be responsible
for and to abide by all applicable local, state, national, and international laws, regulations,
rules, and guidelines with respect to Your use of the Website. In addition, You agree to
assume all responsibility for compliance with this TOU and for Your use, and the results
of Your use, of the Website.
3. Proprietary Rights The contents of the Website, including all associated software,
designs, text, graphics, images, photographs, illustrations, audio and video materials,
artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code
(including html code), products, information, and documentation, as well as the design,
structure, selection, coordination, expression, "look and feel," and arrangement of the
Website unless otherwise indicated, are owned, controlled, and licensed by Ortek and/
or its licensors. Any rights granted hereby are expressly licensed. Ortek does not grant
any implied right to You or any other person and does not transfer or assign any ownership
or intellectual property interest or title in or to the Website (or any part thereof) to You or
anyone else. The Website is Copyright © 2013 Ortek Therapeutics, Inc. and/or its licensors.
Ortek, BasicBites, and all other names, logos, and icons identifying Ortek and its products
and services are proprietary trademarks of Ortek, and any use of such marks, including,
without limitation, as domain names or account identifiers, without the express written
permission of Ortek is strictly prohibited. Other product and company names mentioned
herein or on the Website may be the trademarks and/or service marks of their
4. Privacy Please see our Privacy Statement for information relating to the collection
and use of information in connection with your use of the Website.
5. Links to Other Sites Ortek may provide links, in its sole discretion, to other websites
or online social networks (or pages) for your convenience in locating or accessing related
information, products, and services. These sites, networks, and pages have not necessarily
been reviewed by Ortek and are maintained by third parties over which Ortek exercises
no control. Accordingly, Ortek expressly disclaims and shall not have any responsibility for
the content, the materials, the accuracy of the information, and/or the quality of the
products or services provided by, available through, or advertised on these third-party
websites, networks, or pages. Moreover, these links do not imply an endorsement with
respect to any third party, any website, network, or page, or the products or services
provided by any third party.
6. Feedback Ortek welcomes your feedback and suggestions about Ortek's products
or services or with respect to how to improve the Website. But, by transmitting any
feedback or suggestions and any related information, material, or other content
(collectively, "feedback") to Ortek, You represent and warrant that such feedback
does not infringe or violate the intellectual property or proprietary rights of any third
party (including, without limitation, patents, copyrights, or trademark rights) and that
You have all rights necessary to convey such feedback to Ortek. In addition, any
feedback received by Ortek will be deemed to include from You a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for Ortek to adopt, publish,
reproduce, disseminate, transmit, distribute, copy, use, create derivative works of,
display (in whole or in part) worldwide, or act on such feedback without additional
approval or consideration, in any form, media, or technology now known or later
developed for the full term of any rights that may exist in the information, material,
or content related to such feedback, and You hereby waive any claim to the contrary.
7. Warranty Disclaimer THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE,"
AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ORTEK MAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND HEREBY
EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT OF THE LAW ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. ORTEK ALSO DOES NOT REPRESENT OR
WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED,
OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU.
8. Limitation of Liability You acknowledge and agree that Ortek shall not be liable
or responsible for any claim, damage, or loss resulting from a cause beyond Ortek's
control, including, but not limited to, failure of electronic or mechanical equipment
or communication lines, telephone or other connection problems, computer viruses,
unauthorized access, theft, operator errors, severe weather, earthquakes, or other
natural disasters, strikes or other labor problems, wars, or governmental restrictions.
MOREOVER, YOU AGREE THAT IN NO EVENT SHALL ORTEK BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE,
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN
IF ORTEK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT
LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF ORTEK FOR ANY REASON
WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE
WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100.00 USD).
9. Enforcement Ortek wishes to maintain the Website as a helpful resource for all
of its users. As it relates to Ortek, You therefore have no reasonable expectation of
privacy while using the Website because Ortek reserves the right to view, monitor,
and/or record activity on the Website (in accordance with applicable law) and to
comply with government or court appointed authorities when necessary. Actual or
attempted unauthorized use of the Website may also result in criminal and/or civil
prosecution, including, without limitation, punishment under the Computer Fraud
and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall
You permit any third party to, disable, circumvent, or otherwise avoid any security
device, mechanism, protocol, or procedure established by Ortek for use of or with
the Website. Moreover, You also acknowledge that any breach, threatened or actual,
of this TOU by You may cause irreparable injury to Ortek and/or its licensors, such
injury would not be quantifiable in monetary damages, and Ortek and/or its licensors
would not have an adequate remedy at law. You therefore agree that Ortek and/or
its licensors (or on their behalf) shall be entitled, in addition to other available remedies,
to seek and be awarded an injunction or other appropriate equitable relief from a court
of competent jurisdiction restraining any breach, threatened or actual, of your obligations
under any provision of this TOU. Accordingly, You hereby waive any requirement that
Ortek or its licensors post any bond or other security in the event any injunctive or
equitable relief is sought by or awarded to Ortek to enforce any provision of this TOU.
10. Termination This TOU will take effect the moment You begin accessing or using
the Website and will remain in effect until terminated as set forth below. Ortek reserves
the right at any time and on reasonable grounds, which shall include, without limitation,
any reasonable belief of actual or potential illegal activity or actions or omissions that
violate any term or condition of this TOU, to terminate this TOU with You (including any
registered account) in order to protect its name, business interests, and/or goodwill
and/or any other user. You may also terminate at any time by ceasing to use the Website.
The provisions concerning feedback, Ortek’s ownership rights, warranty disclaimer,
limitation of liability, governing law, enforcement, termination, and the miscellaneous
terms will survive the termination or expiration of this TOU for any reason.
11. Governing Law This TOU has been made in and will be construed and enforced
solely in accordance with the laws of the State of New York, U.S.A., as applied to
agreements entered into and completely performed in the State of New York.
The state or local courts in the State of New York will have exclusive jurisdiction and
venue over all controversies in connection with this TOU, and You hereby consent to such
exclusive and personal jurisdiction and venue. Any claim You might have against Ortek
relating to performance under this TOU must be brought within two (2) years after the
cause of action arises, or such claim or cause of action is barred. In addition, You agree
to waive any right to a jury trial in connection with any action or litigation in any way
arising out of or related to this TOU and that each party has the right to seek attorney's
fees in any proceeding. You also acknowledge and agree that any applicable state law
implementation of the Uniform Computer Information Transactions Act (including any
available remedies or laws) shall not apply to this TOU and is hereby disclaimed.
12. Miscellaneous The relationship between You and Ortek is and shall be that of
independent contractors and nothing in this TOU shall be construed or used to create
or imply any relationship of partners, joint venturers, or employer and employee. You
may not assign or otherwise transfer this TOU or the license granted hereunder or
delegate any of your duties specified herein, in whole or in part, without Ortek's prior
written consent. Any attempt of assignment, delegation, or transfer in violation of this
TOU shall be void, of no effect, and a material breach of this TOU. Notwithstanding the
foregoing, Ortek may assign this TOU in whole or in part. Moreover, Ortek may delegate
its rights and responsibilities or use contractors or agents to fulfill its obligations under
this TOU. Failure by Ortek to insist on strict performance of any of the terms and
conditions of this TOU will not operate as a waiver of that or any subsequent default or
failure of performance. In the event any provision of this TOU is found by an arbitrator or
court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless
it materially affects the entire intent and purpose of this TOU, the invalidity, voidness, or
unenforceability shall affect neither the validity of this TOU nor the remaining provisions
herein, and the provision in question shall be deemed to be replaced with a valid and
enforceable provision most closely reflecting the intent and purpose of the original
provision. Headings are for convenience only and have no legal or contractual effect.
This TOU and Ortek's Privacy Statement, which is hereby incorporated by reference as
if set forth fully herein, represent the entire agreement between You and Ortek with
respect to subject matter herein, and they supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between You and
Ortek with respect to the Website. Please note that Ortek reserves the right to change
the terms and conditions of this TOU and by which the Website is extended to You by
updating this page. Ortek also has the exclusive right to provide updates, upgrades,
and/or changes to any aspect of the Website at any time. Your continued use of the
Website following any such change will be deemed acceptance of any change to this
TOU or the Website.
Updated November 22 2013
Information Collection When you visit our Site, we may collect certain personally
identifiable information you knowingly choose to disclose to us, such as your name
and email address. You may provide this information when you register with the Site.
Ortek passively collects non-personal information that is automatically sent to us by your
web browser or device including but not limited to your domain name and user name.
We may also collect aggregated information as you visit the Site.
Information Use We may use the information we collect from your browser or device to:
• respond to your requests;
• operate the Site and customize your experience;
• provide customized content, advertising, and services;
• identify or remedy potential threats to the Site’s security;
• conduct research about your use of the Site and our services; and
• for any other purpose stated at the time of collection.
Cookies This Site is cookie-enabled to give you a more customized user experience.
A cookie is a small amount of data that is sent to your browser from a web server and
stored on your computer's hard drive. Cookies are used to collect information on the
number of visitors to our site and the number of pages viewed. It is also used to provide
relevant information to our visitors and for website and system administration,
including research and development, user analysis and business decision-making.
Sharing Information Ortek may share the information we collect with service providers,
affiliates, and subsidiaries in connection with the services we provide.
Ortek may share the information collected on this Site with carefully selected marketing
partners who may send you information about products and services we think you
If we or some or all of our assets are acquired by another company, including through a
sale in connection with bankruptcy, that company will possess the information collected
by us, and it will assume the rights and obligations regarding your information as
described in this Privacy Statement.
We may disclose personally identifiable information or other data to comply with law
our rights, property, or safety of our users, or others.
Third Party Links For your convenience, this Site may contain certain hyperlinks to
other websites. We make no promises or guarantees regarding data collection on the
hyperlinked pages that are not owned by Ortek. We recommend that you read the
Your Choices We may use the personally identifiable information we collect from you
to provide you with opportunities to offer you products and services that may be of
interest to you. If you would like to opt out of future promotional materials from us,
you may indicate this preference by following the unsubscribe instructions at the end
of such email communications or by contacting us at firstname.lastname@example.org.
If you would no longer like to receive offers from our marketing partners, you can
unsubscribe from additional offers by following the unsubscribe link located at the bottom
of each email communication.
Updates From time to time, we may update this Privacy Statement. We will notify you
of any material changes to our Privacy Statement by updating this page. We encourage
you periodically to check this site to learn about the information we collect, use, and share.
Your continued use of the Site affirms your agreement to such changes.
Contact Us Please contact us if you have questions about our Privacy Statement at
Updated November 22 2013