Last Modified:  March 7, 2018

Introduction

O2 Concepts, LLC (“O2 Concepts” or “we”) created and offers www.o2-concepts.com (the “Website”) to assist users who may be interested in learning more about O2 Concepts and our products and services. The following terms and conditions, together with our Privacy Policy found at www.o2-concepts.com/privacy-policy (collectively, these “Terms of Use”), govern your access to and use of the Website.  You may only use the Website subject to your compliance with these Terms of Use. If you do not agree with any of these Terms of Use, do not use the Website.

O2 Concepts expressly excludes any representation or warranty, express or implied, with respect to all information and content available on the Website (collectively, the “Content”). O2 Concepts makes no representation about any third-party websites that may be accessed via links from the Website. By using the Website, you agree that the laws of the State of Oklahoma, without regard to its conflict of laws principles, will govern all matters between you and O2 Concepts with respect to your use of the Website.

We are not medical professionals. O2 Concepts does not provide advice to you on any issues relating to medical treatment and the Content on the Website is intended solely as an informational and educational resource. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective thirty (30) days immediately after we post them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or modify the Website, including any service or material we provide on or through the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.  You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property

The Website and all Content, including, but not limited to, all of the text, directories, photographs, illustrations, graphics, audio presentations, video presentations and audio-video presentations, is owned by O2 Concepts, its licensors or other providers of such material and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.O2 Concepts also owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download and print copies of the Content only for noncommercial, informational. and personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable law. Unless expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display or use any of the Website or Content without the prior written consent of O2 Concepts.

O2 Concepts, the O2 Concepts logo and all related names, logos, product and service names, designs and slogans are trademarks of O2 Concepts.  You must not use such marks without the prior written permission of O2 Concepts.  All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and you believe that any Content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit O2 Concepts to locate the material;
  • Information reasonably sufficient to permit O2 Concepts to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact O2 Concepts’ Copyright Agent as follows:

Legal Department
O2 Concepts, LLC
6303 Waterford Blvd., Suite 150
Oklahoma City, OK  73118

Telephone: 1.877.867.4008, Ext. 306

Email: legal@o2-concepts.com

Medical Disclaimers

THE CONTENT AVAILABLE ON THE WEBSITE (INCLUDING ANY INFORMATION AND CONTENT SOURCED THROUGH LINKS TO THIRD-PARTY WEBSITES) IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT AND/OR CARE OF A HEALTHCARE PROFESSIONAL. O2 CONCEPTS DOES NOT PROVIDE MEDICAL ADVICE NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. THE USE OF THE CONTENT OBTAINED ON THE WEBSITE IN NO MANNER ESTABLISHES A PHYSICIAN-PATIENT RELATIONSHIP.

DO NOT USE THE WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Your reliance upon Content obtained by you on or through the Website is solely at your own risk. Neither we (nor any third-party providers of any Content in the Website) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.

Registration and Passwords

O2 Concepts may require you to have a password and provide registration details to access the Website or portions thereof. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. O2 Concepts shall have the right to refuse access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are provided to access the Website, and you are responsible for all activities that occur under the use of your password(s). O2 Concepts shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by O2 Concepts, its affiliates, agents and representatives due to someone else’s use of your account or password. You agree to notify O2 Concepts immediately of any unauthorized use of your password(s). O2 Concepts reserves the right to not issue a password to any person or entity in its sole discretion.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Access Arrangements and Fees

Your use of the Website shall be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined and/or modified by O2 Concepts in its sole discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use the Website. O2 Concepts reserves the right to impose or modify fees in connection with use of the Website (or portions thereof) at any time without notice or liability. Payment of any such fees shall be due and payable on the date of invoice unless otherwise agreed by the parties. You acknowledge and agree that O2 Concepts may terminate or suspend your use of the Website without prior notice and may immediately deactivate your account and/or bar any further access to the Website.

Prohibited Uses

You may use the Website and Content only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website or Content: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to impersonate or attempt to impersonate O2 Concepts, an O2 Concepts employee, or another user or any other person or entity; (iv) to engage in any other conduct which, as determined by us, may harm O2 Concepts or users of the Website or expose them to liability (v) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (vi) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (vii) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (viii) use any device, software or routine that interferes with the proper working of the Website; (ix) to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (x) to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer or database connected to the Website; (xi) to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and (xii) otherwise attempt to interfere with the proper working of the Website.

You must also not send, knowingly receive, upload, download, use or re-use any material which: (i) contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; is likely to deceive any person; promotes any illegal activity, or advocates, promotes or assists any unlawful act; causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person; impersonates any person, or misrepresents your identity or affiliation with any person or organization; involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or gives the impression that the material emanate from or is endorsed by the O2 Concepts or any other person or entity, if this is not the case.

User Contributions

The Website may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms of Use.  Any User Contribution you post to on or through the Website will be considered non-confidential and non-proprietary, except as set forth in our Privacy Policy.  By providing any User Contribution on or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not O2 Concepts, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Links

No link shall be made to any page of the Website without the prior written consent of O2 Concepts.  The Website may include links to third-party websites whose privacy policies and operating practices may be different from those of O2 Concepts. Visitors should consult the other sites’ terms of use, as we have no control over information that is submitted to, or collected by, these third parties. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete or outdated. O2 Concepts expressly disclaims any responsibility for and does not make any representations regarding the content of any third-party websites linked to the Website or the products or services of such third party. Your access and use of these websites (and the websites to which they link) is solely at your own risk.

Access to Website

The Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You acknowledge and agree that due to circumstances both within and outside of the control of O2 Concepts, access to the Website may be interrupted, suspended or terminated from time to time. O2 Concepts shall have the right, in its sole discretion, at any time to modify or discontinue any aspect or feature of the Website.

Cooperation and Notification

You agree to cooperate with all reasonable requests of O2 Concepts and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by you or any unauthorized use or abuse of the Website.

Warranty Disclaimers

THE WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. O2 CONCEPTS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

O2 CONCEPTS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH O2 CONCEPTS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND CONTENT. O2 CONCEPTS, ITS AFFILIATES, AGENTS, REPRESENATIVES AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH O2 CONCEPTS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF O2 CONCEPTS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, O2 CONCEPTS’ AND ITS AFFILIATES’, AGENTS’, REPRESENATIVES’ AND VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNLESS SPECIFICALLY STATED, O2 CONCEPTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF O2 CONCEPTS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF O2 CONCEPTS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE WEBSITE RECEIVED BY O2 CONCEPTS FROM YOU.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless O2 Concepts and its affiliates, agents and representatives from any demands, claims, damages, liabilities, expenses or harm, including attorney’s fees, arising in connection with your use of the Website, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the Website.

Monitoring and Enforcement; Termination

We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for O2 Concepts; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or (v) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS O2 CONCEPTS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY O2 CONCEPTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER O2 CONCEPTS OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on or through the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Severability and No Waiver

If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and O2 Concepts shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.

Geographic Restrictions

We provide the Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may be restricted in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule whether of the State of Oklahoma or any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or Content shall be instituted exclusively in the federal or state courts located in Oklahoma City, Oklahoma County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and O2 Concepts with respect to your access to and/or use of the Website and the Content and shall not be modified except by O2 Concepts as provided herein or through a written document executed by both parties. O2 Concepts may assign its rights and duties under these Terms of Use to any party at any time without notice.

Contact O2 Concepts

If you have any questions or concerns regarding these Terms of Use, please contact our Legal Department as follows.

Legal Department
O2 Concepts, LLC
6303 Waterford Blvd., Suite 150
Oklahoma City, OK 73118

Telephone: 1.877.867.4008, Ext. 306

Email: legal@o2-concepts.com