NOTE: USE OF THE SERVICES REQUIRES CONSUMERS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THESE TERMS CONTAIN A CLASS ACTION ARBITRATION WAIVER. (Please refer to the arbitration policy and waiver below.)
By accessing and/or using the Products/Services, you represent and warrant that you are at least eighteen (18) years of age and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Services on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
Purchases & Payments
If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Services and acknowledge and agree that One-Der System has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
If you are not fully satisfied with any Product purchased by you on the Website, you may NOT return the Product to One-Der System for a refund. We do not offer refunds and we do offer a warranty on the pump and bladder system within 12 months of the date of your purchase. You can request and arrange for another pump and bladder system by contacting us via the Website. Please see the return policy at the policy page at www.OneDerSystem .com.
Use of Website
Subject to your compliance with this Agreement, One-Der System grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website for your personal use.
This license does not include, and you must not:
Republish material from the Website (including republication on another website), sell, rent or sub-license material from the website. Show any material from the website in public.
Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose. Edit or otherwise modify any material on the website. Redistribute material from the Website except for content specifically and expressly made available for redistribution. Unless otherwise stated, One-Der System and/or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by One-Der System.
Assumption of Risk
You knowingly and freely assume all risk when using the Products/Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify One-Der System and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
DISCLAIMER OF MEDICAL LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. THESE PRODUCTS/SERVICES AND ANY MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT PRESENTED ON THE SITES OR MOBILE APPLICATIONS. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. AS SET FORTH MORE FULLY BELOW, One-Der System WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THESE THE SERVICES AND ANY MATERIALS.
User account, Accuracy & Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are solely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify One-Der System immediately of any unauthorized use of your Account One-Der System shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by One-Der System, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
One-Der System imposes certain restrictions on your use of the Products/Services. Any violation of this section may subject you to civil and/or criminal liability.
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without One-Der System’s express written consent.
You must not engage in any of the following conduct on the Services, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to One-Der System or any other person in connection with the Services; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on the Website.
You must not use the Services to transmit or send unsolicited commercial communications.
You must not use the Services for any purposes related to marketing without One-Der System’s express written consent.
You grant to One-Der System a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to One-Der System the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that One-Der System shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or One-Der System or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
One-Der System reserves the right to edit or remove any material submitted to the Services, or stored on One-Der System ‘s servers, or hosted or published upon the Website or social media pages without notice.
One-Der System may make Mobile Applications (Apps) available for use with mobile devices. Please refer to the terms for those App at www.OneDerSystem.com, which are incorporated herein by reference and apply to your use of the Apps.
No Website Warranty and Disclaimer of Other Warranties; Limitation of Liability
THE PRODUCTS/SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONE-DER SYSTEM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER ONE-DER SYSTEM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ONE-DER SYSTEM DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE PRODUCTS/SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO FURNISH THE SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING. ONE-DER SYSTEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF ONE-DER SYSTEM, COMPANY PARTIES, OR ONE-DER SYSTEM’S USERS, OR THEIR AGENTS OR REPRESENTATIVES.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Services is at your sole risk. You will not hold One-Der System or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Products/Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Services may contain bugs, errors, problems, or other limitations.
Limitation of Liability
YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL ONE-DER SYSTEM OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ONE-DER SYSTEM OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ONE-DER SYSTEM AND YOU. THE PRODUCTS/SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Application of Disclaimers
One-Der System’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to ANY legal, financial or medical matter you should consult an appropriate professional.
Consent to Receive Electronic Communications from One-Der System
You represent and warrant that, when using the Products/Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
One-Der System and the One-Der System logo (collectively, the ” One-Der System Marks”) are trademarks or registered trademarks of 4 Your Health LLC.. Other trademarks, Website marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Services may be the trademarks of third parties. Neither your use or purchase of the Services, nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the One-Der System Marks or any third-party trademarks, Website marks, graphics, logos, or domain names. You agree that any goodwill in the One-Der System Marks generated as a result of your use of the Website and Services will inure to the benefit of One-Der System Innovations Limited, and you agree to assign, and do assign, all such goodwill to 4 Your Health LLC. You shall not at any time, nor shall you assist others to, challenge 4 Your Health’s right, title, or interest in, or the validity of, the One-Der System Marks.
All content and other materials available through the Services, including without limitation the One-Der System logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by 4 Your Health LLC. or are the property of One-Der System’s licensors and suppliers. Except as explicitly provided, neither your use or purchase of the Services, nor this Agreement grant you any right, title, or interest in any such materials. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.
One-Der System respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Contact@OneDerSystem.com.
By using the Products/Services, you agree that the exclusions and limitations of liability set out in the Services disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Services.
The Website may be linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with One-Der System and some of whom may not. One-Der System does not have control over the content and performance of Third-Party Websites. One-Der System has not reviewed, and cannot review or control, any of the material, including computer software or other goods or websites, made available on Third Party Websites. Accordingly, One-Der System does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or websites available through Third Party Websites. One-Der System disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
You accept that, as a limited liability entity, One-Der System has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against One-Der System’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the Services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the disclaimer will protect One-Der System’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as One-Der System and the Company Parties.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Without limiting any other provision of this Agreement, One-Der System reserves the right to, in One-Der System’s sole discretion and without notice or liability, deny use of the Services to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by One-Der System.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Services. Upon termination, One-Der System may, but has no obligation to, in One-Der System’s sole discretion, rescind any Services and/or delete from One-Der System’s systems all your Personal Information and any other files or information that you made available to One-Der System or that otherwise relate to your use of the Services. Upon termination, you shall cease any use of the Services.
After termination, One-Der System reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 6–27.
Opt-out. You retain the right to opt out of arbitration entirely and litigate any dispute otherwise subject to arbitration if you provide us with written notice of your desire to do so by regular mail sent to the attention of One-Der System’s Customer Service, located at 4 Your Health LLC., 3500 Virginia Beach Blvd., Virginia Beach, VA 23452 within 30 days of when You first agree to these terms.
Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to One-Der System Customer Support, 4 Your Health LLC., 3500 Virginia Beach Blvd., Virginia Beach, VA 23452. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 60 days after receipt of the Notice, then you or we may initiate arbitration proceedings.
Arbitration Rules. You and we mutually agree that any Disputes shall be settled by binding arbitration before a single arbitrator. In the U.S., the arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any claim. Any claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and us, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of small claims matters as described below, you and we hereby waive the right to assert any claim in any court. As set out in below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator. During the arbitration, both you and we may take one deposition of the opposing party, limited to 4 hours. Unless we and you agree otherwise, any arbitration hearings for claims of $10,000 or less, will be conducted solely on the basis of (i) documents submitted to the arbitrator, or (ii) through a telephonic hearing, except if the arbitrator requires otherwise. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Judgment on the award rendered by the arbitrator may be entered in any Court of Competent Jurisdiction.
Class Action Waiver. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.
Severability. If an arbitrator or court of Competent Jurisdiction decides that any part of this arbitration provision is invalid or unenforceable, the other parts of the provision will still apply.
Services, software and other materials downloaded or otherwise made available through the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No Services or software from the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
One-Ser System does not authorize the downloading or exportation of any Services, software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
Governing Law; Venue for any Judicial Proceeding
For U.S. Disputes that are not required to be arbitrated, this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Virginia and shall be governed by and construed in accordance with the laws of Virginia without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Virginia Beach, Virginia. The parties stipulate to and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial Service of process.
For International Disputes that are not required to be arbitrated, this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Virginia Beach, Virginia and shall be governed by and construed in accordance with the laws of Virginia Beach, Virginia without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Virginia Beach, Virginia. The parties stipulate to and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial Service of process.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
All notices required or permitted to be given under this Agreement must be in writing. One-Der System shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to One-Der System. You agree that any notice received from One-Der System electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with One-Der System is accurate and current, and notice to you shall be deemed effective upon the sending by One-Der System of an email to that address. You shall give any notice to One-Der System by submitting said notice to us at Contact@OneDerSystem.com .
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
You and One-Der System are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and One-Der System’s licensors and suppliers (to the extent expressly stated in this Agreement.
Virginia Consumer Notice.
If you have a question or complaint about the Services, please contact us at 1-757-932-0246. You may also contact us in writing at One-Der System Customer Support, 4 Your Health LLC., 3500 Virginia Beach Blvd., Virginia Beach, VA 23452