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Terms of Use

PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
 
These Terms of Use are hereby effective on October 20, 2015 and will apply to the website that you are visiting, MyOjio.com (the “Website”), which is owned by Ultimate Superfoods, Inc. (“USF”), and sets forth the terms that USF offers you access to the Website and the terms you accept by accessing the Website. Your use of the Website constitutes your acceptance and agreement to the following terms:
 
Consult Your Healthcare Professional: Always consult with a healthcare professional prior to taking any dietary, nutritional, herbal, or homeopathic supplement. USF does not warrant and shall have no liability for information provided on the Website regarding recommendations concerning products for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare profession. The claims made about specific nutrients or products have not been evaluated by the United States Food and Drug Administration. Supplements are not intended to diagnose, treat, cure, or prevent disease. The information contained on the Website is presented in summary form only and intended to provide broad consumer understanding and knowledge of nutrition.
 
The information should not be considered complete and should not be used in place of consultation or advice from a healthcare professional.
 
Access Costs, Equipment, and Software: You must provide at your own expense the equipment and Internet connections that you will need to access the Website. The Website may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use the Website.
 
Links to Third Party Websites: The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by USF of the contents of such third-party websites. The inclusion of third-party website links in no way indicates endorsement, affiliation, or association between USF and the owners and/or operators of such third-party websites, unless specifically stated otherwise. USF is not responsible for the content of linked third-party websites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any linked site.
 
Social Media: USF maintains and interacts with various social media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites, or other user generated content sites. By accessing, viewing, and/or posting any content to USF’s social media sites, you accept, without limitation or qualification, the complete terms of use for those sites. USF is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any of USF’s social media sites at any time without notice and for any reason and in its sole discretion.
 
Use of Material From The Website: All contents of the Website, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on the Website (collectively, the "Materials"), are the property of and owned by USF or its licensors, and is protected by copyright, trademark and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
 
In circumstances where certain areas of the site expressly provide that you are authorized to use Materials from the site outside of the site, your authorized use is limited solely to your own personal, noncommercial purposes. Your use of the Materials for personal, noncommercial purposes prohibits you from displaying, publishing, publicly performing, transmitting, broadcasting, distributing or otherwise making available to any third party such Materials, even without charge, or authorizing, encouraging, providing or allowing any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given or otherwise used by any third party. In every case, USF reserves the right to further restrict or revoke your authorization to use the Materials and to bring whatever legal action it deems necessary to enforce these Terms of Use.
 
Material You Submit: You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through the Website any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.
 
BY SUBMITTING A PHOTO, COMMENT OR OTHER CONTENT (COLLECTIVELY, "CONTENT"), YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON MYOJIO.COM AND/OR OTHER WEBSITES OR SOCIAL MEDIA PLATFORMS OWNED OR CONTROLLED BY USF, OR ITS AFFILIATED COMPANIES, IN ITS SOLE DISCRETION. USF reserves the right to, and may or may not, monitor or screen Content prior to posting it. By submitting Content you acknowledge that USF has no obligation to use or post any Content you submit.
 
By submitting Content you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any person who's name, or likeness is included in the Content (if any); and (d) that publication of the Content by USF will not infringe on any third party rights.
 
By submitting Content you hereby agree to indemnify and hold harmless USF, its brands and its affiliated or associated companies from any claims to the contrary. By submitting Content you grant USF, its brands, and their agents an unlimited, worldwide, perpetual, license and right to publish, use, display, publicly perform, adapt and modify the Content, or any component thereof, with or without attribution, as well as to use your name, likeness, and other personally identifying indicia ("Name and Likeness"), in any way, including for advertising and promotional purposes, in any and all media, without limitation at to time or territory, and without additional consideration to you. You acknowledge that you have no right to review or approve how your Content or Name and Likeness is used.
 
By submitting a photo, video, essay or comment, you are granting USF certain rights to use the photo, video, essay, or comment, as well as your name and likeness, as set forth in these terms of submission.
 
Trademarks and Copyrights: The Website may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of USF and its affiliates or licensors. The Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. The Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
 
Intellectual Property Rights of Others: We respect the intellectual property rights of others, and we request that our visitors do the same. This website includes user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.
 
By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.
 
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.
 
If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:
 
Noah Steinsapir, Esq.
Ultimate Superfoods, Inc.
5455 Endeavour Court
Moorpark, CA 93021
 
Please include all of the following in your notification:
  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
  2. A description of the work you claim has been infringed;
  3. A description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
  4. Your address, telephone number, email address and all other information reasonably sufficient to permit USF to contact you;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Disclaimers: USF makes no representations or warranties of any kind, express or implied, with respect to this site or its consents, including without limitation the products, information, or services offered or sold on or through this site and the uninterrupted and error-free use of this site. The material contained on the Website may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to the Website, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time.
 
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, USF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USF OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. USF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT USF AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.
 
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
Indemnification: You agree to indemnify, defend and hold harmless USF, its affiliates and each of their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
 
Jurisdiction: USF is organized under the laws of the State of California. The Website has been designed to comply with the laws of the United States. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
 
Any disputes that arise out of this Agreement which cannot be settled by negotiation will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association (“AAA”), which shall be the appointing agency of arbitrator(s) and provide its traditional administrative services. The arbitrator(s) shall apply the laws of the State of California to the arbitration proceedings. The parties may agree to the venue for the proceeding, but in the absence of mutual agreement the venue shall be Los Angeles, California. All expenses relating to the arbitration, including attorney fees shall be borne by each party as incurred.
 
Changes to These Terms of Use: We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Website. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of the Website following the posting of changes to these terms or other policies means you accept the changes.
 
Miscellaneous: If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place. A waiver of any term or condition of these Terms of Use in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms of Use or a general waiver. These Terms of Use constitute the entire agreement and understanding between you and USF with respect to use of the site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.