Terms and Conditions

Introduction

It is important that you read and understand the O2 Living Terms and Conditions. These terms and conditions clearly state the legal rights and obligations that will apply to your use of this site.

O2 Living may change, revise, update and expand on any and all terms and conditions for use of this website. The portion of the website that contains these Terms and Conditions will note the new terms and conditions with the hyper link "new terms and conditions". You will assent and agree to be bound by said terms and conditions for the use of the O2 Living website by the act of continuing the use in any manner of this website in question.

Intellectual Property

O2 Living's Intellectual Property Ownership Rights

O2 Living is the brand name and trademark owned by O2 LIVE LLC, hereinafter referred to as the "owner". The O2 Living website and all of it’s content, including but not limited to all content that appear on the website in question in the past, or currently or in the future is owned by or licensed to the owner. Content is defined to include but limited to articles, blogs, chat rooms, web message boards and forums, opinions, texts, photographs, web icons, graphics, clip art, illustrations, designs, labels, video, streaming media, live television feeds, audio on demand, video on demand, audio clips, video clips podcast,webcast and any and all image display, advertising copy, and any studies and or whitepapers.

Content is further defined but not limited to the following Intellectual Property of the owner; the trademarks, service marks, trade dress, any and all statements and policies of trade secrets and products and services featured, mentioned, promoted, displayed, written about, discussed, sold or transferred in any manner which are subject to and protected as trade secrets of the owner or trade secrets in which the owner is obligated to protect or does in fact protect by the mention of same on the O2 Living website. Content is further defined but not limited to as patents or patent use agreements, copyrights and logos and domain names that appear anywhere or are mentioned anywhere in the O2 Living website. All aforedescribed content is either owned by or subject to a license and or use agreement or understanding. You and all visitors and users of the O2 Living website are STRICTLY FORBIDDEN, AND UNAUTHORIZED TO REPRODUCE, USE, EXERCISE ANY CONTROL AND OR DOMAIN, STORE, REPBUBLISH, COPY & PASTE, UPLOAD, DOWNLOAD, CITE IN ANY SOURCE, MODIFY, RE−ENGINEER, DUPLICATE, PRODUCE A VARIANCE AND OR "KNOCK OFF", COPY, POST, TRANSMIT, EMAIL, ALTER, ,"BLOG","TEXT", "TWEET" OR COMMUNICATE IN ANY MANNER ANY AND ALL CONTENT ON THE O2 LIVING WEB SITE. You are only authorized to use said content in the manner as expressly so stated in these Terms and Conditions. You hereby warrant that you will abide by all the terms and conditions concerning said content and its embedded intellectual property.

Notwithstanding the aforementioned, you are hereby granted a limited license to access, view and use a single copy of the aforementioned content. You are hereby put on notice that this limited license is granted and encumbered by the strict compliance with all of the so stated terms and conditions of use of the O2 Living website.

In exchanged for this limited license you are hereby contractually enjoined from restructuring, recoding, altering or making any changes that will effect the O2 Living web site’s software, HTML, JavaScript or any other script. You further warrant that you will not, nor enable (either actively or passively) another party, reverse engineer, decompile, reverse, assemble, modify or attempt to ascertain any source code used to generate the web site. As a result of the granting of the limited license to you, you further warrant that you will not, nor enable (either actively or passively) any other party, insert any code or other item of any description to change, alter or manipulate any component of the web site.

O2 Living Trade Secrets

Secret Formula For Hair and Skin Care

O2 LIVE LLC, owner of the O2 Living brand, domain name and servicemark has created, developed, devised a formula for it’s skin and hair care products. The formula used in developing, making, devising, blending and all methodologies, ingredient utilize to create the O2 Living , and other brand label owned by O2 LIVE, LLC, hair and skin care products are Trade Secrets as defined by 18 USC § 1839 (3) and Article 39.2 of The Trade−related Intellectual Property Rights (Trips).

Secret Cleanse Formula

O2 LIVE LLC, owner of the O2 Living brand, domain name and servicemark has created, developed, devised a formula for it’s colon cleansing products and other related drinks, food stuffs and nutrients. The formula used in developing, making, devising, blending and all methodologies, ingredient utilize to create the O2 Living , and other brand label owned by O2 LIVE, LLC, colon cleanse are Trade Secrets as defined by 18 USC § 1839 (3) and Article 39.2 of The Trade−related Intellectual Property Rights (Trips).

The O2 Living Website does not Provide Medical Advice

Content is for Informational Purposes Only

The previously described content of the O2 Living website is hereby proffered for informational purposes. Neither the content nor any other component of O2 Living, such as the text, graphics, images, information obtained from O2 Livings licensors are offered or intended to be proffered as medical advice. Under no circumstances is the content proffered as medical advice, diagnosis and or treatment. It is the policy of O2 Living to encourage all users and visitors of the O2 Living web site to seek medical advice from your physician or other qualified health provider with any questions you may have concerning your health.

Do Not Disregard Professional Medical Advice

If you have a medical emergency, call your doctor or 911 immediately. O2 Living does not recommend you disregard professional medical advice or delay seeking it because of the information you obtained from this web site.

Legal Obligations Concerning Information You Submit

Pursuant to the terms and conditions of the use of the O2 Living website, you have certain obligations and O2 Living has certain rights concerning the information you submit to this website.

O2 Living may provide forums, message boards, chat rooms, online diaries, social networking areas, blogs, texting features and other opportunities for you to post, write, upload and provide in any manner personal information, personally identifiable information and/or personal health information, (hereinafter collective referred to as "information"). O2 Living reserve the right but is not obligated to reject, delete alter, correct, respond, edit or to exercise complete and absolute control over the aforementioned information.

You hereby warrant that the information you provide will comport with all EU laws, Canadian laws, Japanese Laws and United States laws concerning human rights, libel and slander. You further warrant that all such information does not infringe upon any other parties Intellectual Property Rights as defined by Part II of the AGREEMENT ON TRADE−RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) OF THE WORLD TRADE ORGANIZATION.

You hereby warrant and agree that O2 Living has all unbridled rights to reject any information you provide in any manner. You warrant and agree that you will not challenge in any manner O2 Living's decision to reject any information you provide to O2 Living.

You hereby agree and warrant that you accept that O2 Living reserves any and all rights to remove any information you post, email, tweet, blog, upload, chat and by and through any means of communication place information on the O2 Living website and any compartment or hyperlink contained therein.

You further agree and warrant that O2 Living does not owe you any explanation nor do they need to respond to any inquiry concerning any form of rejection of any information you provide to them in any manner.

Your further hereby agree that you are banned and precluded from receiving any compensation from any party for any information you provide O2 Living. You are strictly prohibited from marketing or selling any information, service or product on the O2 Living website. You may not post any hyperlinks, or place any cookies, embedded scripts, or scripts of any kind and or web beacons on the O2 Living website or any so afore-stated compartments and or components therein

You hereby warrant and acknowledge that information you post and or place on the O2 Living website can and will be viewed and copied by members of the public and that O2 Living will take no steps or measures of any kind to prescreen or prevent in any way the publication of said information to protect your privacy or any asserted claims or privilege concerning said information.

You further warrant and recognize that O2 Living will not provide any steps or measures to protect you from said use of your information.

You further warrant, agree and acknowledge that when you provide any information of any kind to O2 Living particularly on it’s website, you automatically and irrevocably grant to O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC and all shareholders, employees, third party contractors, third party vendors, assigns, heirs and all successors in interest of O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC a non−exclusive world wide Royalty free license to post, upload and or place in or on the O2 Living web site and any of it’s so stated compartments or components therein,said information. This license includes without any limitation information use and any and all claims or intellectual property rights you may have in said information you provide including but not limited to all copyrights, trademarks, servicemarks, trade dress, trade names, trade identities, ideas, expression of ideas, trade secrets, logos, domain names, know − how, source code and object code, mask−work rights, inventions, authors rights, algorithms, rights in packaging, goodwill, and any and all other Intellectual Property Rights of any nature that is or can be claimed to be part of or associated with the said information you provide to O2 Living.

You further hereby warrant and agree that O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC and all shareholders, employees, third party contractors, third party vendors, assigns, heirs and all successors in interest of O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC will have the unbridled right throughout the universe, in perpetuity, without any credit ,compensation or consideration of any kind to you or anyone else to use ,reuse, modify, alter, display, exploit, develop, improve,archive, publish, sub−license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute, and use for advertising, marketing, publicity and promotional purposes any of the information that you provide to O2 Living, subject to all privacy policies so stated on this website.

You further warrant and agree that if you provide information in the aforedescribed manner, and said information is not protected under the O2 Living Privacy Policy, you acknowledge that O2 Living has the unbridled right to use the information you provide such as your name, voice, likeness and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes including without limitation, developing, manufacturing and marketing products using the information you have provided to O2 Living, subject to the O2 Living private policy

You further hereby acknowledge that O2 Living may be developing Intellectual Property rights similar or the same in nature to the information you have provided O2 Living. Your hereby warrant that you recognize that O2 Living does not owe you any remuneration of any description for any said use by O2 Living of the information you provide to O2 Living,O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC

Online Purchasing, Billing, and Delivery Policies

Online Purchasing

The O2 Living website may offer identifiable products and or services for purchase on the O2 Living website. If you choose to purchase a product or service, you will be asked by O2 Living or an authorized third party, if said service and or product is available for purchase, to supply certain information including but not limited to your full name, address, telephone number and credit card and or debit card information. If you desire to consummate the transaction in question, you agree to provide O2 Living or such third party with the aforesaid information as well as any other mandatory information that is accurate, complete and current and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as paying any applicable taxes.

O2 Living offers exclusive products and services. As such you agree, recognize and accept by operation of this Term of Use agreement that due to the exclusive production policies of O2 Living and the demand for O2 Living products and services, the choice for a O2 Living product or service may not be available to you. You will be giving the option of "rain check" solicitation. O2 Living will use your contact information to offer you the sales transaction for the "rain check" item upon it’s availability.

Some of the services that are offered by O2 Living may be subscription based services. You hereby agree and warrant that you will provide all requested information requested pursuant to the transaction of said service. Some of O2 Living services may contain an account feature. If in fact you chose to purchase the service which has an account feature and said service has not been oversubscribed due to consumer popularity and is available to purchase you hereby agree to abide by all terms of the account and warrant that you will pay all fees, cost and taxes for said account.

Some of the services that have an account feature may contain automatic renewal terms. You hereby agree and warrant that you understand that your subscriptions will be automatically renewed and your credit card will be automatically charged pursuant to the terms of said account, unless you check the opt out box contained in the Private Policy section of the O2 Living website.

All account passwords and usernames for said account must be maintained by you in a secure manner. It is your duty to keep the security of your account’s passwords and usernames. In addition, you hereby concede that it is your duty to maintain all control over the activities and conduct of your account. You hereby agree that you promptly notify O2 Living if you detect any unauthorized use or activity conducted through your account. You hereby agree to indemnify and hold harmless O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC and all shareholders, employees, third party contractors, third party vendors, assigns, heirs and all successors in interest of O2 Living, O2 Live LLC, Cross River Wellness LLC, Cross River Retail, LLC, Yellow Monkey Food Service LLC for any claim for damages of any kind that are the result of any use of your account.

Billing

Charges: If you select a product or service to purchase from the O2 Living website and if said product and or service is available, you will be required to submit so stated information. You will need to provide a valid credit card and all requested information as detailed in paragraph IV, subsection (a). Your credit card will be charged the fees for said products and or services plus all shipping and handling fees as well as all applicable jurisdictional taxes. Refunds: If the product you purchase is defective, you must contact O2 Living’s product quality control Department. You will be given instructions on the return of said product. Corroboration of the defective nature of said product will result in a credit issued to your credit card.

Deliveries

O2 Living creates and produces exclusive cleanse beverages and pure skin and health care products. These unique and exclusive products are not mass produced and are created by expert artisans. Deliveries of these products are restricted to the 35 mile radius around New York City. O2 Living understand the desire for our products to be delivered globally and we are working hard to bring these special products to your area. Please look for our updates on the O2 Living website as we open up market delivery in your community.

Jurisdiction

Any and all disputes that arise under the O2 Living’s website Private Policy and Term of Use policies are subject to the jurisdiction of New York State, United States of America

Miscellaneous

These Terms and Conditions will govern your use of the O2 Living website and O2 Living’s interaction with you. These terms and conditions will be governed and be interpreted pursuant to the laws of the State of New York, United States of America. Notwithstanding any conflict of law provisions and or dictates, if any part of these terms and conditions are ruled unlawful by a Court of Law in the jurisdiction of the State of New York, United Sates of America, that said part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.