Terms Of
Use

INTRODUCTION 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ALL OF THE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THOSE THAT ARE IN CAPITAL LETTERS AS THESE MAY LIMIT OUR RESPONSIBILITY OR INVOLVE SOME RISK FOR YOU.

We have developed ORIGIN8’s website for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the website, use of the website or access to the website.

These Terms of Use tell you the terms on which you may use the website.

By using the website, and accepting these Terms of Use, you agree to comply with them. We recommend that you keep a copy of these Terms of Use for future reference.

If you do not agree to these Terms of Use, you must not use the website.

INFORMATION ABOUT US

In these Terms of Use, when we refer to ORIGIN8, us, we or our, we mean J&B Importers, Inc., 11925 SW 128th Street, Miami, FL 33186 and its directly and indirectly held subsidiaries.

You can contact us via the details in the "Contact Us “section.

YOUR ACCOUNT AND PASSWORD

The website enables you to register for an ORIGIN8 account, [or to sign in with your existing ORIGIN8 account details]. You are not permitted to register on behalf of someone else. If you are registering for an account, you confirm that all information and details you provide to us are true, accurate and up to date.

You must keep your ORIGIN8 account password and details to yourself and confidential. You must not disclose your account password or details to anyone else. We are not responsible for any unauthorized use of your account, unless it is our fault.

If you know or suspect that anyone other than you know your details or password, you must promptly change your password and notify us at info@origin8.bike

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in respect of the website and in all data, material and content published on it.

Your use of the website and software grants you no rights in relation to our, or our licensors', intellectual property rights.

In return for your acceptance of these Terms of Use, we grant you a non-exclusive, on-going license to download, display and use the website on any device(s) that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferrable (meaning it cannot be given to anyone else).

You grant ORIGIN8 a non-exclusive, royalty-free, perpetual right to use your content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign, publicly perform, and otherwise exploit such content on the website for the purposes of providing and promoting the website and our products as well as the features and services available on the website, and delivering services to you or promotional materials or opportunities to you.

UPDATES AND UPGRADES

From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the website (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).

These updates and upgrades may result in the website being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the website for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible in all cases (for example for reasons beyond our control, or if there is an emergency security issue). The default setting in the website is that these updates and upgrades will automatically be deployed.

OUR LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT (COLLECTIVELY, THE “SERVICE”) AVAILABLE ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ORIGIN8 AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ORIGIN8 AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT ORIGIN8 IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SPECIALIZED.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS WHO MAY USE THE APP. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS LICENSEES.

TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE ORIGIN8, ITS SUBSIDIEARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE WEBSITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY ORIGIN8 WHILE YOU USE THE WEBSITE, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE, (d) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ORIGIN8 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST ORIGIN8 FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ORIGIN8 IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, ORIGIN8’S LIABILITY SHALL NOT EXCEED US $100.00. 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.

Where these things cannot be disclaimed or waived, these Terms of Use do not exclude or limit our liability for: (i) death or personal injury arising from our negligence, or the negligence of our employees, agents or subcontractors, or fraud or fraudulent misrepresentation; (ii) our gross negligence, willful or intentional misconduct, or intent (where these terms have a recognized legal meaning in your country); or (iii) any other liability that we cannot exclude or limit by law. These Terms of Use may not apply where laws, regulations or other legal authorities provide different or additional rights than those established herein.

We will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable at the time you accepted these Terms of Use (loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Use that it may happen, or both you and we knew it might happen, for example, if you and we discussed it); or (ii) are not caused by us breaching a term of these Terms of Use, or any other failure by us.

Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the website, we cannot guarantee that there will not be any and we will not be responsible if we are claimed to be the source.

We will also not be liable to you for any period(s) when the website or any feature of the website is unavailable to you for any reason.

CHILDREN

The website is not for individuals under 16 and we request individuals under 16 not provide personal data to ORIGIN8. If we learn that we have collected personal data from a child under 16, we will take steps to delete the information as soon as possible.

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time to reflect changes in or to:

  • relevant laws or regulatory requirements.
  • security, technical or operational issues; and / or
  • the website's functionality or features.

If we change these Terms of Use, we may post summary details of the changes below. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

By accepting revised Terms of Use you agree to comply with them. If you do not agree to the revisions, you must stop using the website.

These Terms of Use were last reviewed and updated in August 2019.


GENERAL

If any term, or part of a term, of these Terms of Use is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue to apply.

If you or we breach these Terms of Use and you or we take no action against the other, you or we will still be entitled to use our rights and remedies in any other situation where you or we break these Terms of Use.

DISPUTES

We will do our best to amicably resolve any disputes over these Terms of Use and your use of the App. These Terms of Use, their subject matter and its formation, are governed by the laws of the State of Florida, United States of America. However, if you are a consumer and resident of any country you may benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local mandatory provisions and legal rights.

You and we both agree that the Florida State Courts or United States Federal Courts, Miami-Dade County, State of FLORIDA, United States of America, will have non-exclusive jurisdiction over disputes concerning the use of the App or these Terms of Use. However, if you are a consumer and resident of any country requiring local jurisdiction you and we may also bring proceedings in that country.

CONTACT US

If you have any questions, comments, concerns, complaints or claims about these Terms of Use or the website, you can contact us at any time by info@origin8.bike. We will get back to you as soon as possible.