These Website Terms of Use ("Terms of Use") govern your access to and use of the Optivita Health website. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree, you must not use the Website.
The Website is intended for users who are at least 18 years of age and located in the United States. By using the Website, you represent and warrant that you meet these requirements.
You may use the Website only for lawful, personal, non-commercial purposes consistent with these Terms of Use. You agree not to:
All Content on the Website — including text, graphics, logos, images, photographs, audio, video, downloads, and software — is owned by or licensed to Optivita Health and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view and print Content for your personal, non-commercial use only. Any other use requires our prior written permission. The name "Optivita Health" and any associated logos are trademarks of the Clinic; no license to use them is granted by these Terms of Use.
If you submit comments, reviews, suggestions, photos, testimonials, or other content ("User Submissions") to us, you grant the Clinic a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, and display the User Submissions for any lawful purpose, with appropriate de-identification where applicable. You represent that you own or have permission to submit the content and that it does not violate any third-party rights. Do not include protected health information in User Submissions.
The Website may contain links to third-party websites, products, or services. We do not control and are not responsible for the content, policies, or practices of any third party. Your interactions with third parties are solely between you and the third party.
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CLINIC'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT WILL THE CLINIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify and hold harmless the Clinic, its providers, employees, officers, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from your use of the Website, your violation of these Terms of Use, or your violation of any third-party right.
These Terms of Use are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. Any dispute arising under these Terms of Use will be brought exclusively in the state or federal courts located in Washington County, Oregon.
EXCEPT FOR CLAIMS RELATED TO MEDICAL MALPRACTICE OR THAT ARE PROHIBITED BY LAW FROM BEING ARBITRATED, any dispute arising out of or relating to the Website or these Terms of Use will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Oregon. You and the Clinic each waive any right to a jury trial and any right to participate in a class, collective, or representative action.
We may revise these Terms of Use at any time. Changes are effective upon posting. Your continued use of the Website after changes take effect constitutes acceptance.
Optivita Health | 9400 SW Beaverton Hillsdale Hwy #250, Beaverton, OR 97225 | care@optivitahealth.com | (503) 941-0987