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Web Site Terms and Conditions of Use

Date of Last Revision: June 1st, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.


  1. Terms
  2. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.


  3. Eligibility, Registration and Account
  4. The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.


    In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.


    In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Orogem; and (d) promptly notify Orogem if you discover or otherwise suspect any security breaches related to the Sites.


  5. Ownership of Site Content
  6. Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Orogem logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Orogem or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.


    You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Orogem, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, by implication or otherwise. This license is revocable at any time.


  7. Trademarks
  8. "The Ear Pin", "Orogem", and "José Jay" service names, logos, or slogans that may appear on the Sites are trademarks or registered trademarks of Orogem and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Orogem or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Orogem" or any other name, trademark or product or service name of Orogem without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Orogem.


  9. Hyperlinks
  10. You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Orogem or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Orogem logo or other proprietary graphic of Orogem to link to the Sites without the express written permission of Orogem. Further, you may not use, frame or utilize framing techniques to enclose any Orogem trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Orogem's express written consent.


    Orogem makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Orogem and Orogem is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Orogem provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Orogem of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.


  11. User Conduct
  12. The materials on Orogem® Corporation's web site are provided "as is". Orogem® Corporation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Orogem® Corporation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.


  13. Disclaimer
  14. You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by our Site Rules and not to:

    • Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
    • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
    • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
    • Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
    • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
    • Use or attempt to use another's account without authorization from Orogem;
    • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
    • Engage in any harassing, intimidating, predatory or stalking conduct;
    • Develop any third-party applications that interact with User Content and our Sites; or "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.


  15. No Third-Party Beneficiaries
  16. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.


  17. Indemnification
  18. You agree to defend, indemnify and hold harmless Orogem, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.


  19. Limitation of Liability
  20. IN NO EVENT SHALL OROGEM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM OROGEM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OROGEM'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO REI FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


  21. Modifications to Site
  22. Orogem reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Orogem will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.


  23. Applicable Law and Venue
  24. Any claim relating to Orogem® Corporation's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.


  25. Termination
  26. Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Orogem reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.


  27. Severability
  28. If any provision of these Terms shall be deemed 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.


  29. Pricing and Availability
  30. All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.


  31. Errors
  32. We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.


  33. Agreement to Conduct Transactions Electronically; Recording; Copies
  34. You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you


  35. Shipping & Handling; No Export by You
  36. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.


  37. Payment; Credit for Refunds
  38. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order.


  39. Complaints and Legal Notices
  40. All complaints and legal notices should be mailed to Orogem Corporation, Attn: Legal Department, P.O. Box 6070 Burbank, CA 91510-6070. If a law requires us to accept legal notices via email, call (800) 627-0277 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.