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Terms of Use

Last Updated: May, 2024

  1. INTRODUCTION

Welcome to embracingostomylife.org (the “Website”), the official website for Embracing Ostomy Life (“EOL” or “we,” “our,” or “us”). The following is important information regarding the Website, EOL’s copyright to its content, and the terms for your use of the Website. These Terms of Use govern your use of the Website and apply each time you visit the Website. These Terms of Use are a legal agreement between EOL and you – the person who is visiting or using this Website. Your use of this Website indicates your agreement to be bound by all terms, conditions, and notices in the currently posted terms of use. 

  1. YOUR ACCEPTANCE OF THESE TERMS OF USE 

Please read these terms of use carefully in their entirety before using this website. They contain important information about a class action waiver and an arbitration provision requiring you to arbitrate any claims you may have against EOL on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 

If you are accessing or using the Website on behalf of or as the representative of a business or other organization, then you are entering into these Terms of Use on behalf of such organization and yourself, and you represent and warrant that you have the legal authority to bind such organization to these Terms of Use. 

If you do not agree with these Terms of Use, do not use this Website.

  1. CHANGES TO THESE TERMS OF USE

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes.  We will notify you of such changes by posting the changed or modified Terms of Use to this Website and/or providing notice to you in other ways. Your continued use of the Website following any changes to these Terms of Use will indicate your agreement to such changes. 

  1. PRIVACY POLICY 

Our Privacy Policy is incorporated into and made part of these Terms of Use. Our Privacy Policy describes how we collect, use, and may share information collected when you access or use our Website. By agreeing to these Terms of Use, you also agree to our Privacy Policy (as set forth on the Website and as updated by EOL from time to time) which is incorporated herein by reference.  Like these Terms of Use, the Privacy Policy is subject to change from time to time.  Your continued use of the Website constitutes your acceptance to any changes to the Privacy Policy.

  1. VIOLATION OF THESE TERMS OF USE

If you violate these Terms of Use, your authorization to use this Website automatically terminates. EOL reserves the right to deny access to the Website or any features of the Website to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the Website’s functions or features. We reserve the right to seek all remedies available in law and equity for such violations.

  1. WEBSITE OWNERSHIP AND LIMITED RIGHT TO USE WEBSITE CONTENT

All right, title, and interest in this Website and all its software, technology, materials, and rights displayed on or associated with this Website (collectively “Content”) including but not limited to materials such as text, images, logos, and communication tools and intellectual property rights such as patents, copyrights, trademarks, service marks, logos and trade secrets are owned or licensed by EOL or its licensors and protected by copyright, trademark, and other intellectual property laws. You have no right, title or interest and no copyright, trademark, or other intellectual property right in or to the Website or any of its Content.

EOL grants you permission to view and use the Content in connection with your normal and ordinary use of the Website for non-commercial purposes. Otherwise, no Content from this Website or any website owned, operated, licensed, or controlled by EOL may be copied, reproduced, republished, uploaded, posted, transmitted, posted, reverse engineered, or used to create any derivative works or “frame” or “mirror” of the Website, unless expressly authorized in writing by EOL. Any such action is a violation of EOL’s copyright and other proprietary rights and these Terms of Use. Any product, process or technology described on the Website may be the subject of other intellectual property rights reserved by EOL or its licensors and are not licensed hereunder. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. EOL cannot control and shall have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your exposure and use of the Content.

  1. LINKS TO THIRD-PARTY WEBSITES

This Website may contain links to third-party websites and features not under our control or operation. For example, we may provide links to information about ostomy surgery, recovery, and other ostomy resources provided by third parties we believe to be qualified and reputable. However, we are not responsible for the information provided by these third parties and make no representations to you about whether the information available from them is accurate, complete, or up to date. In addition, when you click on a link to a third-party website, you will be directed away from our Website to the third party’s website. EOL is not responsible for or have control over how your information is collected or used by the operators of third-party websites, the contents of any linked website or any link contained within a linked website. Your use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

  1. SECURITY OF ACCESS

Certain portions of the Website may contain additional functionality such as web portals, web applications and other interactive features restricted by username/password access (“Optional Functionality”).  Access to any Optional Functionality is subject to a separate access or other services agreement between you and us, and such access to the Optional Functionality may be subject to terms from our third-party service providers and may be terminated without notice upon termination of the separate services agreement and/or if we determine that you are using the Optional Functionality improperly, illegally or in any other manner which is detrimental to us and/or 

You are responsible for maintaining the confidentiality of your login and password or any other access control mechanism, and you are responsible for all uses of your login and password and any other access control mechanism, and all related charges resulting from any such use (if applicable), whether or not authorized by you.

  1. AGE REQUIREMENT

By using this Website, you certify that you are 18 years of age or older. If you are a resident of a state that imposes additional or different age requirement for entering an enforceable contract, you hereby represent that you meet such age requirement and that your use of the Website, any information you provide to us, and our use of such information, does not violate the applicable laws or regulations of your state of residence.

  1. ACCEPTABLE USES OF THE WEBSITE

You may use this Website for lawful purposes and are prohibited from the following: 

  • The reproduction, duplication, copy, or re-sale of any part of the Website.
  • The harm or harassment of other Website users.
  • The use of any device or software that contains viruses, malicious code, or any other harmful programs intended to interfere with the proper working of the Website or impose an overload on our infrastructure.
  1. ASSURING COMPLIANCE WITH LAWS AND REGULATIONS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website and its content as well as the release of information to and the retrieval of information from the Website. We reserve the right to report any wrongdoing, when we become aware of it, and disclose any information related to your use of the Website, as applicable, to any applicable governmental agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that EOL may access, preserve and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary for legitimate business purposes, including, without limitation, to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that violate the rights of third parties; or (d) to protect the rights, property or personal safety of EOL, its users and members, and/or the public. EOL reserves the right and has absolute discretion to enforce these Terms of Use. 

  1. TERMINATION AND NO WAIVER

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  1. INDEMNIFICATION

You agree to indemnify, save, defend, reimburse and hold harmless EOL, its officers, directors, members, partners, employees, and representatives from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), resulting from: (a) your use of the Website; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission, in connection with this Website.

  1. CURRENCY AND ACCURACY OF INFORMATION

Although EOL makes reasonable efforts to ensure that the Content is current and accurate, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of such information. All information is provided “AS IS” without any representation, warranty, or condition as to its accuracy or reliability. 

  1. WE DO NOT PROVIDE MEDICAL ADVICE ON OUR WEBSITE

The Content and comment fields available on our Website are intended only for general information and educational purposes. Our Content and services are not intended to provide medical advice, diagnosis or treatment. The Website is not a substitute for obtaining professional medical advice, diagnosis or treatment. If you provide any personal health information in the information entry or comments fields on the Website, please be aware and understand that the information you provide is not covered by the Health Insurance Portability and Accountability Act of 1996, and its implementing regulations (“HIPAA”) and will not be subject to the privacy and security protections under HIPAA.

  1. DISCLAIMER OF WARRANTIES

EOL PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED BY EO IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING BY ORGANIZTION. ORGANIZTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE WEBSITE OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, ORGANIZTION DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EOL SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT AND EXPERIENCES PROVIDED THROUGH THE WEBSITE. EOL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF EOL HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY EOL. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, ORGANIZTION’s TOTAL LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50. 

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

  1. AVAILABILITY OF SERVICES

The Website may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all aspects of the Website, including certain features and the support for certain devices and platforms, at any time.

  1. AVAILABILITY OF SERVICES

    You can contact us via email at contact@embracingostomylife.org and by mail at: Embracing Ostomy Life, 3840 Via de la Valle #300, Del Mar, CA 92014

    1. GOVERNING LAW

    These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of California, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Site shall be heard exclusively in the courts, state and Federal, located in California and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    1. MANDATORY ARBITRATION OF ALL DISPUTES; NO CLASS ACTIONS

    MANDATORY ARBITRATION. EXCEPT AS PROVIDED HEREIN, YOU, AS A PARTICIPANT IN THE PROGRAM, AND EOL (TOGETHER REFERRED TO AS THE “PARTIES”) AGREE (“ARBITRATION AGREEMENT”) THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PROGRAM OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION AND SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS APPLICABLE ARBITRATION RULES AND APPLICABLE STATE LAW. YOU SHALL HAVE THE RIGHT TO AN IN-PERSON HEARING IN YOUR HOMETOWN AREA UNLESS THE PARTIES CONSENT IN WRITING TO A DIFFERENT LOCATION OR JAMS DETERMINES THAT TELEPHONIC PROCEEDINGS OR IN PERSON ARBITRATION IN ANOTHER LOCATION IS APPROPRIATE IN ACCORDANCE WITH CONSUMER ARBITRATION RULES AND/OR OTHER JAMS ARBITRATION RULES DETERMINED TO BE APPLICABLE BY JAMS (THE “JAMS RULES”) BEFORE ONE (1) ARBITRATOR. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN ANY COURT WITH APPROPRIATE JURISDICTION.

    NO CLASS ACTIONS. EXCEPT AS PROVIDED HEREIN ALL CLAIMS OR DISPUTES REGARDING THE PROGRAM SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION AND MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT EOL’S EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU AND EOL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

    Any disputes regarding this arbitration provision, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of California. The allocation of costs between the Parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”). Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration.

    Arbitration Rules and Governing Law:  This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS in accordance with the Standards and other applicable JAMS Rules then in effect, except as modified here. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the Parties may exchange non-privileged information relevant to the dispute as part of the arbitration.

    Fees and Costs of Arbitration:  Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the Standards. If such costs are determined by the arbitrator to be excessive, the arbitrator may determine an appropriate allocation of fees between the Parties. Except as permitted by applicable law, either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

    Exceptions to the Arbitration Provision:  You and EOL each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. You and EOL agree that, if applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

    Selection of Arbitrator. If the Parties cannot agree on an arbitrator within thirty (30) business days of the date of the written request for arbitration, the arbitration will proceed before an arbitrator selected by JAMS.

    To initiate arbitrations on proceedings in circumstances where the Parties cannot agree on an arbitrator, the party initiating the arbitration request shall first notify the other party in writing that no agreement can be reached on the selection, and then that party shall submit a request to JAMS requesting the appointment of an arbitrator. The designated arbitrator shall have experience and expertise in the subject matter of the dispute.