Terms Of Service

Last Updated: March 12, 2024

These Terms of Service (these “Terms”) are offered and apply at the outset of your use and access of all contents and information available within our website available at https://ogee.com/ (the “Site”). These Terms are a binding legal agreement between each user of the site (“You”) and Ogee, Inc. (“Ogee,” “we,” “us,” and “our”). 

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE.  By using THE Site, you acknowledge that you ARE AT LEAST the age of majority in your jurisdiction AND accept the TERMS set forth herein. If you ARE NOT AT LEAST the age of majority in your jurisdiction or do not accept such TERMS, you may not access the Site.

It is your responsibility to review these Terms periodically. We may revise these Terms at any time. The Effective Date of these Terms is set forth at the top of this webpage. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

AUTOMATICALLY RENEWING SUBSCRIPTIONS

PLEASE SEE SECTION 4 OF THESE TERMS FOR TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND OGEE MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST OGEE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 21 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH OGEE.

1. Site

We hereby grant you a limited license to access and use the Site, and the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”) for your personal use subject to these Terms. The foregoing licenses do not permit any: resale or non-personal use of the Site or the Content; collection and use of any product listings or descriptions; derivative use of this Site or its contents; downloading or copying of account information for the benefit of another merchant; or use of data mining, robots or data gathering and extraction tools.

This Site or any portion of this Site may not be reproduced, duplicated, copied, framed, sold, resold, visited or otherwise exploited for any commercial purpose without express prior written consent of Ogee. You may not use any meta tags or any other “hidden text” utilizing Ogee’s name or trademarks without the express prior written consent of Ogee. Any unauthorized use terminates the permission or license granted by Ogee.

We reserve the right to change any information, features and functions of the Site. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that violate these Terms, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

2. Registration and Membership

 You may register an account on the Site. To register, you must use your valid email address and create a password. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Ogee has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Ogee has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You may update such information as necessary at any time by going to My Account and making the necessary changes.

You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. Ogee will not be liable for losses, damages, liability, expenses, and fees incurred by Ogee or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

From time to time, we may send you marketing emails and notifications on your mobile device promoting our products, special offers, or our newsletter. You may unsubscribe from Ogee marketing emails and newsletters at any time by clicking the unsubscribe link at the bottom of any email sent by us.

To cancel your membership, please call Ogee Support at 1.888.376.8037 Monday - Friday 9AM - 5PM EST.

3. Ogee Rewards

Ogee Rewards is a free loyalty and referral program for account holders on the Site. As a member, you can earn points each time you place an order that can be used to unlock exclusive tier perks, free products and discounts towards future purchases. Purchases of merchandise and/or services (before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made online at the Site count toward member’s point accrual and tier status. To enroll, please visit our Rewards page. To earn and spend your points, please ensure you are logged in when you place your orders on the Site. Please note, referees must be new to the Site and the code will not present for previous customers. Ogee reserves the right to change the terms of the program, value of points, program benefits, revoke points, or terminate the program at any time without prior notice.

Ogee reserves the right to terminate program inclusion and referral links at any time due to perceived program abuse, including but not limited to self-referral, posting unique referral links on paid Ogee assets such as advertisements and social posts, and multiple account creation. Ogee rewards points are not redeemable for cash and points expire with 1 year of no Site activity. Ogee rewards points cannot be combined with additional promotions or discounts.

4. Automatic Renewals

If your purchase is subject to an automatic renewal (“Auto-Renewing Subscription”), you will be notified during the order process. Auto-Renewing Subscriptions will continue and automatically renew at the end of the initial term, and you will be charged the subscription fee (the renewal rate then in effect) on an automatically recurring basis, depending on your chosen subscription, until you cancel, or the account is otherwise suspended pursuant to these Terms. You must have Internet access and provide us with one or more payment methods. You acknowledge that the subscription fee billed may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. If Ogee changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

The length of the automatic renewal term is dependent on your chosen subscription and will be set forth on the order page. Before the end of the initial term and before your subscription renews, you will receive a renewal reminder notice via email.

You may cancel at any time through your account settings. To cancel your subscription, please click here to be directed to your account page and click “Manage Subscriptions”. You must cancel your subscription at least 1 day in advance before the renewal charge date in order to avoid billing of the subscription fees for the next billing period to your payment method. Once cancelled, the Auto-Renewing Subscription will be removed from your account. If you cancel your subscription, cancellation will be effective at the end of the current automatic renewal period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

5. Purchases; Billing and Payments

All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice.

We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. Payment will be processed by Ogee’s independent third-party payment processor, using the payment method you designate. We do not store your bank or credit card information at this time.

Ogee reserves the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Ogee, payment must be received by Ogee prior to acceptance of an order. Notwithstanding the foregoing, we may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your payment information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification.

If you would like to return an Ogee product, please contact Ogee Support at 1.888.376.8037. Returns are accepted within 30 days of you receiving the product. Some return restrictions apply as noted in our full Returns & Shipping Policy. If you decide to return any of your Ogee products, you are responsible for the cost to return. Please note you are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping. We recommend using a return method that provides tracking, so you can ensure your return has reached us. Once your return has been received, we will refund your order for the cost of the products and applicable taxes only - the shipping cost will not be refunded.

6. Taxation

You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.

7. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
• Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site; or
• Otherwise attempt to interfere with the proper working of the Site.

2. Warranty Disclaimer

 EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY OGEE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CONTENTS, INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD-PARTY POSTS, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OGEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OGEE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OGEE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY OGEE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CONTENTS, INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD-PARTY POSTS, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OGEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OGEE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OGEE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

OGEE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM THE ACCESS TO, OR USE OF OR THE INABILITY TO USE, THE SITE, SITE-RELATED SERVICES OR THE CONTENTS, INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD-PARTY POSTS , EVEN IF OGEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENTS, INCLUDING BUT NOT LIMITED TO USER CONTENT OR THIRD-PARTY POSTS OR ANY SERVICES USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN ANY EVENT, YOU AGREE OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE, CONTENTS, INCLUDING BUT NOT LIMITED TO USER CONTENT OR THIRD-PARTY POSTS OR ANY SERVICES USED THROUGH THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

10. Typographical Errors

Any Ogee publication concerning our products may include inaccuracies or typographical errors. Ogee shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Ogee may make improvements and/or changes in the products described in these publications at any time without notice.

In the event a product is listed at an incorrect price or within correct information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your bank or credit card account in the amount of the charge.

11. Copyright

The Site, the technology underlying the Site and the Content is the property of Ogee and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Ogee. © 2016. Ogee, Inc. All rights reserved. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

12. Trademarks

All trademarks, service marks and trade names of Ogee on the Site are trademarks or registered trademarks of Ogee or their respective owners.

13. Indemnification

You agree to indemnify, defend and hold harmless Ogee, its officers, directors, employees, agents, licensors, representatives and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your account or your posting of any User Content.

14. Privacy

Registration data and certain other information about you collected through the Site are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

15. Third-Party Websites and Online Services

Our Site may link to other websites or online services operated by third parties. We have no control over these linked websites or online services, each of which have separate privacy and data collection practices independent of Ogee. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party website or online service, any website or online service accessed from a third-party site or online service, or any changes or updates to such sites or services. These linked websites and online services are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website or online service and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party website or online service. You should contact the site administrator for the applicable third-party website or online service if you have any concerns regarding such links or the content located on any such third-party site or service.

16. Submissions

 All material, information or other communication you submit, transmit, upload or post to this Site including any reviews, photographs, videos, ideas, comments, suggestions, feedback, data, images, sounds, text or the like (“User Content”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, Ogee will have no obligations with respect to the User Content. You hereby assign to Ogee all intellectual property rights, including any moral, publicity and privacy rights you have in any User Content. By submitting the User Content to Ogee, you agree Ogee is free to use the User Content, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, Ogee and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the User Content for any and all commercial or noncommercial purposes anywhere in the world.

You are responsible for the User Content you post to the Site and must be compliant with applicable laws, rules and regulations when posting such User Content. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Site, including all consents and permissions from any individuals who are the subject of any posts.

In submitting User Content through the Site, you agree you will not:

• Submit material about any individual when you have knowledge that such individual objects or has objected to such submission;
• Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
• Post advertisements or solicitations of business or employment;
• Impersonate another person;
• Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ogee all of the license rights granted herein;
• Submit material that is unsuitable for minors in any country; or
• Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

Ogee reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Site for any reason in our sole discretion. Ogee may terminate your access to or use of the Site to prevent further posting or distribution of User Content.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to submit User Content does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

17. DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Ogee a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Ogee to locate the material on the Site;
• Your name, address, telephone number, and email address (if available);
• A statement that you have 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Ogee a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.

18. Third-Party Posts

Any use or reliance on any posts made by other users or third parties on the Site (“Third-Party Posts”) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Posts or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Third-Party Posts that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are deceptive. All Third-Party Posts are the sole responsibility of the individual who originated such Third-Party Posts. We may not monitor or control the Third-Party Posts and we cannot take responsibility for such Third-Party Posts.

19. Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

20. Additional Terms for California Residents

Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

21. Governing Law 

Your use of the Site shall be governed in all respects by the laws of the State of Vermont, U.S.A., without regard to choice of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of Vermont to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under these Terms.

22. Arbitration Class & Action Waver

Ogee is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Ogee Support at 1.888.376.8037. However, if you are dissatisfied with our client service's resolution of your matter, these Terms provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.

Arbitration Agreement

(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are narrow:

Claims arising out of or relating to your account, our Rewards program, or any purchase you make from us.

For the purposes of this Arbitration Agreement, references to "Ogee" as "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring or transfer an individual action or arbitration tosmall claims court. In addition, either party may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.  

You agree that, by accessing and using this Site, you and we are each waiving the right to a trial by jury or to participate in a class action as stated below. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a personally signed written Notice of Dispute ("Notice") to the other party. A Notice to Ogee should be addressed to: Notice of Dispute, Ogee, One Lawson Lane, Suite 130, Burlington, VT 05401 ("Notice Address"). A Notice to you will use your last known address we have for you on file.  The Notice must (a) describe the nature and basis of the claim or dispute in detail and (b) set forth the specific relief sought ("Demand"). You agree to personally and directly discuss the Demand with us in good faith when we contact you, without undue delay, by video or phone conference with your attorney present if you are represented by counsel. If after this meeting you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, or we have the meeting, whichever is later, you or Ogee may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ogee or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ogee is entitled. You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org.

(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") or Mass Arbitration Rules of the American Arbitration Association (the "AAA"), as applicable except as modified by these Terms, and will be administered by the AAA. The arbitrator shall be bound by these Terms. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address, by an in-person hearing as established by the AAA Rules.  We both waive our right to proceed in arbitration by telephone.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Ogee, unless the claim fits within the mass arbitration criteria.

If, the arbitrator finds that either the substance of your or our claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the other party shall be entitled to the payment of all of its fees and costs.  An award may be entered against a party who fails to appear at a duly noticed hearing.

(f) The arbitrator may award injunctive relief including public injunctive relief where warranted. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. (g) You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.

(h) You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that AAA shall (1) administer the arbitration demands together; and (2) appoint one arbitrator for the coordinated demands.

If any part of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

23. Termination

These Terms are applicable to you upon your accessing of the Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms.

24. Fraud

Ogee reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Site.

25. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

Except as otherwise stated herein, if any provision of these Terms is held to be unenforceable, such provision shall be severed and the remaining Terms shall remain in full force and effect, unless the purpose of such term is frustrated.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

26. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at:

    Ogee
    1 Lawson Lane, Suite 130
    Burlington, VT 05401
    Email: support@ogee.com
    Phone: 1.888.376.8037