Thank you for visiting the Oasis Medical website, OasisTears.com (the "Site"). Please take some time to carefully review
these Terms of Service and the Privacy Policy, which is hereby
incorporated into these Terms of Service.
This Site is operated by Oasis Medical, Inc., a California corporation, ("OASIS," "we", "us" or "our").
This Terms of Service sets forth the terms and conditions applicable to your visiting, access and use of the Site
and the purchase of products through the Site (collectively, the "Service"). Any new features or tools which are
added to the Site shall also be subject to this Terms of Service. OASIS offers the Service, including all information
and the services provided through the Site to you, conditioned upon your acceptance of all of the terms and conditions
in this Terms of Service. By using any part of the Service, you agree to be bound by this Terms of Service, including
those additional terms and conditions and policies referenced herein and/or accessible via a link on the Site. By
agreeing to this Terms of Service, you represent that you are at least the age of majority in your state of residence.
If you do not agree to all the provisions in this Terms of Service or in the Privacy Policy, then you must discontinue
all use of the Service.
OASIS may amend this Terms of Service at any time by posting the amended Terms of Service on the Site, and
you agree that you will be bound by any changes to this Terms of Service. For your convenience, the date of last
revision is included at the top of this page. It is your responsibility to check this page periodically for changes.
Your continued use of the Service following the posting of any changes to the Site constitutes your acceptance of
those changes.
- Service.
- 1.1 Provision of the Service. You acknowledge and agree that OASIS has no obligation to make
the Service available to you, make any subsequent versions of the Service available to you or to continue
to support the Service in any way. You acknowledge that your access to the Service may not be continuous,
features may change during your use of the Service, and OASIS may terminate your access to the Service or
stop offering the Service at any time. OASIS reserves the right to add or remove information, content or
services from the Services at any time at its sole discretion. OASIS may make changes to or update the Service
and add or remove features or functions to the Service at any time in its sole discretion with or without
notifying you in advance.
- 1.2 Corrections. Occasionally there may be information on the Site that contains typographical
errors, inaccuracies or omissions, such as in relation to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate
at any time without prior notice (including after you have submitted your order).
- 1.3 Terms and Conditions of Sale. All purchases of products through the Service shall be subject
to these Terms and Conditions of Sale:
- 1.3.1 Prices: Prices for products made available for purchase through the Service are
subject to change without notice.
- 1.3.2 Return: Please see the OASIS Return Policy, which can be accessed here: OASIS Return Policy
- 1.3.3 Cancellations: You can cancel an order for a refund to your payment method by calling
Customer Service 1-844-820-8940.
- 1.3.4 Shipping: We can only ship products within the U.S. and products will be shipped
by Fedex. Shipping charges will be processed with your order and charged at the time of purchase.
- 1.3.5 Discontinuance: We reserve the right to discontinue any product at any time.
- 1.3.6 Void Where Prohibited: Any offer for the sale of any product made available through
the Service is void where prohibited.
- 1.3.7 Contact: For additional questions you can contact our Customer Service department
at 1-844-820-8940.
- 1.4 Product and Industry Information Made Available On the Site. On the Site we provide information
about our products, ophthalmology, eye care, and other industry news, materials, and videos, which are provided
for informational purposes only. The information provided is not intended to be medical or healthcare advice,
to substitute professional medical advice, or to be used for medical diagnosis or treatment. Customers should
always consult their medical professional for medical advice or regarding any medical questions, diagnosis,
and/or treatment options. Also, although we strive to make sure the information on our website is current
you agree and understand that some of the information may not be up-to-date. We assume no responsibility
for any consequence relating to any action or inaction you take based on the information or other material
made available to you on the Site including any medical decisions made by either a medical professional or
a patient.
- Accounts.
- 2.1 Account Registration. To access certain aspects of the Service, including purchasing products,
you must have an account. You can create an account by completing the account registration process. You may
be required to provide information about yourself as part of the registration process, including your name,
address, and other contact information. You agree that any registration information that you submit to OASIS
will be correct, accurate and maintained up-to-date.
- 2.2 Account Security. Maintaining account security is very important. You are solely responsible
for maintaining the confidentiality of your account password and you agree to not disclose your password
to anyone else, to let someone else use your account, or to use someone else's account. You agree to notify
OASIS immediately if you become aware of any unauthorized use or disclosure of your password or of your account
and to accept responsibility for all activities that occur under your account.
- 2.3 Account Sharing or Transfers. Accounts are registered to you personally and may not be
sold, traded, licensed, shared, or otherwise transferred at any time under any circumstances.
- Restrictions and Conditions of Use.
- 3.1 Accessing and Use of the Service. You may not connect to or use the Service in any way
that is not expressly permitted by this Terms of Service. OASIS permits you to view and use the Service solely
for your personal use. You agree not to use the Service for any resale or commercial use and not to copy,
create derivative works from, transfer, license, sell or otherwise use any information, content, materials,
data or services obtained from the Service, or use any data mining, robots, or similar data gathering and
extraction tools, except with OASIS's prior written authorization.
You agree not to access, or attempt
to access, the Service by any means other than through the user interface provided through the Site and through
your personal account. You specifically agree not to do, or attempt to do, any of the following acts or to
assist, authorize or become involved with any third party doing or attempting to do any of the following
acts: (a) access the Service through any automated means (including, without limitation, through the use
of scripts, bots, spiders or web crawlers), (b) breach our security measures, (c) interfere, interrupt, or
disrupt the use, access, or operation of the Service, (d) decipher, decompile, disassemble, hack, change,
modify or reverse engineer the Service (e) attack the Service, including a denial of service attack, (f)
gain unauthorized access to the Service, accounts, servers, or any systems or networks connected to the Service
(g) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive,
obscene or hateful; (h) use the Service to perform any unsolicited commercial communication not permitted
by applicable law (i) use the Service to engage in any activity that (A) constitutes harassment or a violation
of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; or (C)
constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s
identity (whether a real identity or online nickname or alias).
- 3.2 No Violation of Laws. You agree that you will not use this Service, or any of its content
or services (a) for any illegal, prohibited, abnormal or unusual purpose or activity, (b) to violate any
applicable law, ordinance, rule, regulation or treaty, or (c) for any activity or purpose that is not intended
by OASIS in offering the Service to you, as determined by OASIS.
- 3.3 No Licensing. You agree to not sell, assign, rent, lease, or to otherwise charge or receive
compensation for the access to or use of the Service, or to act as a service bureau, or grant rights in the
Service including, without limitation, through sublicense, to any other person or entity without the prior
written consent of OASIS, or make any false, misleading or deceptive statement or representation regarding
OASIS and/or the Service.
- Violation of this Terms of Service. You acknowledge and agree that you are solely responsible, and OASIS has no responsibility or liability to you or any other person or entity, for any breach by you of this Terms of Service or for the consequences of any such breach. OASIS may, at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to these Terms of Service.
- Purchasing and Reselling of Products. As part of the Service, we make products available for purchase through our Site. When you purchase products on this Site you are agreeing that any purchased products will be for personal use only and that you will not resell or distribute any of our products through any means, anywhere.
Any products that are not purchased either through the Service or through one of our authorized distributing health professionals will not be covered under any manufacturer warranties and cannot be returned or exchanged through OASIS or any of its authorized distributing health professionals. Furthermore, OASIS cannot verify the quality or safety of any products purchased through any unauthorized channels. If you are a consumer interested in our products, you can purchase them through the Site or through one of our authorized distributing health professionals. OASIS and its authorized distributing health professionals will never sell any products through any third-party retail marketplace such as Amazon.com, eBay.com, and the like.
- Termination of Service.
- 6.1 Termination by OASIS. OASIS reserves the right to deny service to any person or entity
at OASIS’s sole and absolute discretion. You acknowledge and agree that OASIS may stop providing the Service
or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason,
including, without limitation, for any violation of this Terms of Service or if OASIS suspects that you have
used any aspect of the Service to conduct any fraudulent or illegal activity. If OASIS disables your access
to your account, you may be prevented from accessing the Service, your account details or any materials contained
in your account.
- 6.2 Cancellation by You. You may cancel your account at any time by contacting us at customerservice@oasismedical.com or by calling the following number (844) 820-8940.
- Links.
- 7.1 Links from the Site. The Site may contain links to websites operated by other parties.
Any such links are provided as a convenience. Use of these third-party websites is at your own risk. OASIS
takes no responsibility and assumes no liability for any content, warranties, representations, purchases,
or any statements or activities made on or in connection with any third-party website.
- 7.2 Links to the Site. Unless otherwise set forth in a written agreement between you and OASIS,
you must adhere to OASIS's linking policy as follows: (a) the appearance, position and other aspects of the
link, and the content surrounding the link, may not be such as to damage or dilute the goodwill associated
with OASIS's or its licensors' names and trademarks; (b) the appearance, position and other attributes of
the link may not create the false appearance that your organization or entity is sponsored by, affiliated
with, or associated with OASIS; and (c) when selected by a user, the link to the Site must display the Site
on full-screen and not within a "frame" on the linking page. OASIS reserves the right to revoke its consent
to the link at any time and in its sole discretion.
- Electronic Communication. By using the Services, or by sending us emails, you are consenting to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Intellectual Property.
- 9.1 All content made available through the Service, including but not limited to text, information,
pricing, graphics, page headers, artwork, photographs, logos, button icons, audio clips, video clips, and
data compilations, is the property of OASIS and is protected by U.S. laws. The Site, portions thereof, and
all content are protected by copyright laws and may not be copied, modified, reproduced, posted, downloaded,
transmitted, displayed, broadcast or distributed in any way, in whole or in part, without the prior written
consent of OASIS.
- 9.2 Unless otherwise noted as belonging to a third party, all trademarks, service marks, trade
dress, and logos, including the OASIS mark and the OASIS logo are owned by OASIS. All other intellectual
property and company names used on the Site that is not owned by OASIS are the property of their respective
owners.
- 9.3 You acknowledge and agree that OASIS, or its licensors, owns all right, title and interest
in and to the Service, including all intellectual property, industrial property and proprietary rights recognized
anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws.
Unless expressly permitted in a separate written agreement with OASIS, nothing in these Terms of Service
or elsewhere on the Site gives you the right to use any of OASIS's intellectual property.
- Location. The Service is operated by OASIS in the United States and is intended only for users in the U.S. Products purchased through the Service are intended only for the U.S. and will not be shipped internationally. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
If you purchase any products through the Service and you use them, transport them, sell them or otherwise distribute them outside of the U.S., in violation of these Terms of Service, you will be solely responsible for violations of any local law.
- Age. The Service does not sell products for purchase by children.. The Service is not intended or directed to individuals under the age of 18.
- Breach of Security. OASIS takes your security information very seriously and will maintain strong practices in protecting your information. However, you understand that there are ways in which third parties can hack into or steal information from any website. You agree that OASIS is not responsible for any consequences or damages from data breaches, hacking, and the like by third parties accessing information from OASIS or the Site, including any interruption of service or viruses or malware that may infect your computer or telecommunications equipment.
- Disclaimer of Warranties and Limitation of Liability.
- 13.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- 13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OASIS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- 13.3 OASIS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF THE SERVICE.
- 13.4 OASIS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY UPDATES TO THE SERVICE INCLUDING ANY MODIFICATION, PRICE CHANGE, OR SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
- 13.5 OASIS DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- 13.6 YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
- 13.7 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OASIS, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES"), SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, AGGRAVATED OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, INCOME, SAVINGS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF OASIS OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
- THE DELAY OR FAILURE IN PERFORMANCE FOR ANY REASON, INCLUDING WITHOUT LIMITATION, INTERNET OR TELECOMMUNICATION FAILURES, INVENTORY SHORTAGES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, OTHER ACTS OF NATURE, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.
- 13.8 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF OASIS OR ANY OF THE RELATED PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100).
- 13.9 IF THERE ARE ANY PROBLEMS WITH THE GOODS SHIPPED TO YOU (SUCH AS DAMAGE, WRONG SHIPMENT, ETC.), YOU AGREE THAT YOUR RIGHTS ARE LIMITED ONLY TO A REFUND OF THE PRICE YOU PAID FOR THE DAMAGED GOODS AND THAT YOU WAIVE ALL OTHER CAUSES OF ACTION OR REMEDIES.
THESE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITED BY LAW. SOME STATES OR JURISDICTIONS HAVE LAWS THAT DO NOT ALLOW THE TERMS OF THESE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. IF THOSE LAWS APPLY TO YOU THEN THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE RESIDENTS OF NEW JERSEY, YOUR RIGHTS ARE PROTECTED UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT. THE PROVISIONS IN THIS DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY AND ELSEWHERE IN THIS TERMS OF SERVICE AND OUR PRIVACY POLICY MAY BE DIFFERENT THAN THE RIGHTS YOU MIGHT ENJOY UNDER THE LAWS OF NEW JERSEY. YOUR RIGHTS REGARDING THE PROVISIONS IN OUR TERMS OF USE AND PRIVACY POLICY WILL BE GOVERNED BY APPLICABLE NEW JERSEY LAW AND NOT BY THE TERMS OF SERVICE AND PRIVACY POLICY TO THE EXTENT THAT THE PROVISIONS ARE INCONSISTENT WITH NEW JERSEY LAW.
- Indemnification. You agree to defend, indemnify and hold OASIS and the Related Parties harmless from and against any and all claims, demands, liabilities, costs, damages, expenses, and losses including, without limitation, reasonable attorneys' fees, resulting from or arising out of (a) your violation of these Terms of Service or of the Privacy Policy or any other policies that OASIS may issue relating to the Service, or (b) from your use of the Service.
- Governing Law; Jurisdiction. This Terms of Service is governed by California law, without regard to conflict of laws principles. You and OASIS agree that, except as otherwise provided in the Binding Arbitration Section below, the state courts of Los Angeles, California and the federal courts in the Central District of California will have exclusive jurisdiction of all disputes arising out of or related to this Terms of Service or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, OASIS shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
- Binding Arbitration and Class Action Waiver.
This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and we and you intend that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any data or information you may enter into the Service or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, you agree to binding arbitration as provided below.
You and OASIS agree that, except as provided below, all disputes, controversies and claims related to this Terms of Service (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS or its successor that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Terms of Service. In the event of a conflict between the terms set forth in this Terms of Service and the JAMS Rules, the terms in this Terms of Service will control and prevail.
Except as otherwise set forth in these Terms of Service, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and OASIS will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms of Service, (a) you and OASIS may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
- 16.1 Location. The arbitration will take place in Los Angeles, California, unless the parties agree otherwise.
- 16.2 Limitations and No Class Relief. You and OASIS agree that any arbitration shall be limited to the Claim between OASIS and you individually. YOU AND OASIS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. If this Section is found to be illegal or unenforceable, then neither you nor OASIS will elect to arbitrate any Claim falling within this Section that is found to be illegal or unenforceable. Such Claim will be decided by a court of competent jurisdiction subject to the remaining terms of this Terms of Service or by calling the following number (844) 820-8940.
- 16.3 Single Arbitrator. Unless agreed to otherwise by both parties, the arbitration shall be conducted before a single arbitrator selected in accordance with the applicable rules or by mutual agreement between you and OASIS.
- 16.4 Governing Law. The arbitrator shall apply the laws of the State of California, or to the extent that any federal law applies, the laws of the U.S. irrespective of any conflict of law principles.
- 16.5 Exceptions to Arbitration. You and OASIS agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect any of OASIS's intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
- 16.6 Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay the JAMS arbitration initiation fee. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- 16.7 Severability. You and OASIS agree that if any portion of this Section is found illegal or unenforceable, that portion shall be severed and the remainder of the section shall be given full force and effect.
- Feedback, Comments, and Communications. While we are pleased to receive feedback, comments, ideas and communications from our customers and Site visitors, you agree and understand that any information you submit to us (either through this Site or by other means) including any ideas, information, concepts, know-how, techniques or materials will be considered non-personal, non-confidential, and non-proprietary information that we are free to use, reproduce, publicly display, or implement, without your permission or license, without compensation to you, and without limitation.
- General Provisions.
- 18.1 Terms of Service Revisions. This Terms of Service may only be revised in a writing signed by OASIS, or published by OASIS on the Site.
- 18.2 No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OASIS as a result of this Terms of Service or your use of the Service
- 18.3 Assignment. OASIS may assign its rights under this Terms of Service to any person or entity without your consent. The rights granted to you under this Terms of Service may not be assigned without OASIS's prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- 18.4 Severability. If any part of this Terms of Service is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Service shall be given full force and effect.
- 18.5 Attorneys' Fees. In the event any litigation or arbitration is brought by either party in connection with this Terms of Service, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- 18.6 No Waiver. Our failure to enforce any provision of this Terms of Service shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by OASIS of any provision, condition or requirement of this Terms of Service shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
- 18.7 Notices. All notices given by you or required under this Terms of Service shall be in writing and sent to 514 S. Vermont Ave. Glendora CA 91741.
- 18.8 Equitable Remedies. You acknowledge and agree that OASIS would be irreparably damaged if the terms of this Terms of Service were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Service, in addition to such other remedies as we may otherwise have available to us under applicable laws..
- 18.9 Captions. The captions contained in these Terms of Service and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Service or of the Privacy Policy.
- 18.10 Reservation of rights. OASIS reserves and retains all rights not expressly granted to you in these Terms of Service.
- 18.11 Entire Agreement. This Terms of Service, including the documents and links referenced in this Terms of Service, constitutes the entire agreement between you and OASIS with respect to the Service and supersedes any and all prior agreements between you and OASIS relating to the Service.