Privacy Policy

THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. 

 

NO MEDICAL ADVICE

You acknowledge and agree that OKTHC does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that OKTHC does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always consult your physician or other qualified health care professional if you have any questions regarding the use of a dietary supplement, particularly if you take prescription medication or believe that you may have a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. In addition, you should carefully read all labels and other information in the product packaging before using any product purchased from our Website. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

 

 

DESCRIPTION AND USE OF SERVICES

  1. Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website.
  2. Customers. A Purchase or Subscription is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information and use the Services. OKTHC is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.

These Terms of Use provide only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Website or Services to you or anyone else. Further, we reserve all rights not expressly granted by these Terms of Use. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by us) of the Website or Services (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering us or the use of the Website or Services (or any part thereof).

  1. USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

  1. PRODUCT DESCRIPTIONS

Our Website contains descriptions of the Products. We attempt to be as accurate as possible with the descriptions of the Products that are made available to you through the Services. However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

  1. PURCHASE

To make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.

In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party accounts, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account.

You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site.

NOTE: PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement, and we are not responsible for any SNS Content.

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.

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.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

  1. SOCIAL INTERACTIONS

The Website may provide access to communication, other interactive features, and social functionality where you can share, exchange information or content, or otherwise communicate with other users (with such shared or exchanged information, content, or communications referenced collectively as “Interactions”). You agree that by using the Website or Services you will not upload, post, display, or transmit any of the following:

  • anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;
  • anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco, or drugs, or that denigrates any person or group on any basis, including, without limitation, on the basis of race, religion, nationality, age, sexual orientation, or gender identity;
  • anything which involves the impersonation of any other person or entity;
  • anything which constitutes junk mail, spam, or unauthorized advertising; or
  • anything which is unlawful.

We reserve the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Interaction. Further, and as applicable, we shall not have any obligation to incorporate or utilize any Interaction that does not correspond to or meet our technical or usage practices, parameters, and limits.

You, and not OKTHC, shall be the author and/or sender of any Interaction. We are not responsible for pre-screening or editing your or any other user’s Interactions and encourages reasonable discretion and caution in evaluating or reviewing any Interaction(s). Moreover, we do not endorse or approve of any message, opinion, or idea expressed in an Interaction (unless separately and expressly provided by us), and do not make any representation with respect to the accuracy, acceptability, completeness, timeliness, or reliability of any Interaction(s). Nevertheless, we reserve the right to monitor, delete, or take other action with respect to any Interaction(s) that we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of OKTHC, its users, or the public; or (vi) address any act or omission that we believe in good faith violates these Terms of Use and/or is, or is potentially, unlawful or harmful to OKTHC, its services, or goodwill.

 

YOUR ALLOWANCES AND GRANTS TO OKTHC

You grant to us for any lawful purpose and without any additional approval or consideration, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the data and content, including your image (or likeness), photograph, or any Interaction(s) you submit (or provide) through the Website or Services, or that is gathered by us in connection with your use of the Website or Services. You represent and warrant that you have all necessary rights or permissions to share your data and content (including any photograph or Interaction(s)), and acknowledge that we have no control over the extent to which any Interaction may be used by any party or person once posted or displayed.

 

DISCLAIMERS

We do not promise, covenant, represent, warrant or guarantee that you or any other user of the site will obtain any particular or tangible result or goal through the use of the site, or any product or service made available on or through the site.

Except as otherwise specifically provided, the site and the products offered on the site are provided on an “as is” and “as available” basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under applicable law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

We do not represent or warrant that the functions contained on 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. We do not make any warranties or representations regarding the use of the materials on the site 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.

 

COMMUNICATIONS TO US 

Although we encourage you to e-mail us, you should not e-mail us any content that contains confidential information. With respect to any feedback, questions, comments, suggestions, information, material, or other content (collectively, “Feedback”), you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to us and enable us to use such Feedback. In addition, any Feedback received by us will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for OKTHC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

 

PROPRIETARY RIGHTS

The Website and Services are owned by OKTHC and/or its licensor(s). All rights reserved. OKTHC, the OKTHC logo, and all other names, logos, and icons identifying OKTHC and its products and services are proprietary trademarks of OKTHC, and any use of such marks without the express written permission of OKTHC is strictly prohibited. Other service, product, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.

 

NO WARRANTIES/LIMITATION OF LIABILITY

The website, the products, the content, the customer content, and the services are provided on an “as is” and “as available” basis without any warranties of any kind. we disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, any warranties arising from a course of dealing, course of performance, or usage of trade.

In connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the services, or the content, even if we have been advised of the possibility of such damages; and (ii) any direct damages that you may suffer as a result of your use of the services, or the content shall be limited to the monies you have paid us in connection with your use of the services during the three (3) months immediately preceding the events giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.

The website and the services may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors listed on the website and the services. We reserve the right to make changes, corrections, and/or improvements to the website and the services at any time without notice.

We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.

 

EXTERNAL SITES 

The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

USER OBLIGATIONS 

By accessing the Website or using the Services, you represent that you are at least 18 years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through the Website, including, without limitation, when you provide information via a registration or submission form. Individuals under the age of 18 (or the applicable age of majority) may utilize the Website and Services only with the involvement and acceptance of these Terms of Use by their parent or legal guardian and then solely under such parent or legal guardian’s account. You also acknowledge and agree that use of the Internet and the Website is solely at your own risk.

 

INDEMNIFICATION 

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

 

COMPLIANCE WITH APPLICABLE LAWS

The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

ENFORCING SECURITY

You may not use the Website, Services or any of our data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using our data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of our system or network, circumventing any of our security or authentication measures, monitoring our data or traffic, interfering with any of our services, collecting or using from the Website or Services email addresses, usernames, or other identifiers, collecting or using from the Website or Services information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Website or Services to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against us or our data, systems, or network. Actual or attempted unauthorized use of the Website or Services may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. We reserve the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website, as well as to disclosures required by or under applicable law or related government agency actions. We will also comply with all court orders or subpoenas involving requests for such information.

 

TERMINATION OF THE AGREEMENT 

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

 

ARBITRATION AGREEMENT 

In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.

IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.

All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent OKTHC from seeking injunctive relief in any court of competent jurisdiction as necessary to protect OKTHC’s proprietary interests.

 

CLASS ACTION WAIVER 

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.