Last Modified: October 14, 2020
The below Table of Contents enumerates the sections of our Terms for your convenience.
Table of Contents
1. General Conditions
2. Accuracy, Completeness, and Timeliness of InformationTimeliness of Information
3. Modifications to the Service and Prices
4. Products or Services
5. Third Party Merchants/Providers
6. Errors, Inaccuracies, and Omissions
7. User Comments, Feedback, and Other SubmissionsOther Submissions
8. Limited License To Use
9. Prohibited Uses
10. Third-Party Tools
11. Third-Party Links
12. Accuracy of Billing and Account InformationAccount Information
13. DISCLAIMER OF WARRANTIES
14. LIMITATION OF LIABILITY
16. Assumption of Risks
17. Notice to New Jersey Residents
18. Personal Information
21. Contact Information
1. General Conditions (top)
By accessing and/or using the Site and/or any product in any manner, you indicate that you have read and understand these Terms, that you meet the eligibility requirements provided below, and that you agree to be bound by these Terms in their entirety. Further, you agree that before providing any third party with any of our products and/or Services, you shall have that third party agree to these Terms in their entirety. Your continued use of the Site constitutes your agreement to the most current version of the Terms. If at any time you do not agree to the Terms, you must cease your use of the Site.
By accessing and/or using the Site in any manner, you represent that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstance, use the Site.
You agree and understand that using this Site does not establish a doctor-patient relationship. A formal consultation is required to enter a doctor-patient relationship with Dr. Goksin Ozkarahan, M.D. The meditation recordings advertised and sold on this Site are not intended to replace psychiatric consultation, diagnosis, or treatment. If you purchase these recordings, you recognize that neither full nor individualized psychiatric services will be rendered.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or the Services without our express written permission.
2. Accuracy, Completeness, and Timeliness of Information (top)
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timely sources of information.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to this Site.
3. Modifications to the Service and Prices (top)
We reserve the right at any time to modify or discontinue any products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the products available on the Site or the Services.
4. Products or Services (top)
All features, content, specifications, products, and prices of products and Services described or depicted on our Site are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain descriptions may be approximate and are provided for convenience purposes only. We attempt to ensure that information on our Site is complete, accurate, and current. Despite our efforts, the information on our Site may occasionally be inaccurate, incomplete, or out of date, and we make no representation as to the completeness, accuracy, or currentness of any information on our Site. For example, products included on our Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on our Site.
We reserve, in our sole discretion, the right to do the following:
• To limit the sales of our products or the availability of the Services to any person, geographic region, or jurisdiction;
• To limit the quantities of any products or the availability of the Services that we offer and to discontinue the sale or availability of any product or the Services at any time.
• To refuse any order placed with us.
Any offer for any product or Service made on this Site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or the Services will be corrected.
5. Third Party Merchants/Providers (top)
The Site may enable you to order and/or receive products, information, and services from businesses that are not owned or operated by OzKare. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
6. Errors, Inaccuracies, and Omissions (top)
There may be information on our Site or in the Services that contains errors, inaccuracies, or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend, or clarify information on the Site or in the Services including, without limitation, pricing information except as required by law.
7. User Comments, Feedback, and Other Submissions (top)
If, at our request, you send us certain specific information, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for or to use any Comments; or (3) to respond to any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain any libelous, slanderous, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Service. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
We may, but have no obligation to, monitor, edit, or remove Comments or any other content posted on our Site for any or no reason or if we determine, in our sole discretion, that a Comment is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
8. Limited License To Use (top)
Subject to your compliance with these Terms, OzKare grants you a limited, nonexclusive, nontransferable, non-sublicensable license solely for your own personal use, the right to access and use the Site and Services. Except as otherwise expressly permitted in these Terms or under applicable law you may not (a) copy, modify, or create derivative works based on the Site or Services; (b) distribute, transfer, sublicense, lease, or rent the Site or Services to any third party; (c) reverse engineer, decompile, or dissemble the Site or the Services; or (d) make the functionality of the Site available to multiple users through any means. OzKare reserves all rights in and to the Site and the Services not expressly granted to you in these Terms.
9. Prohibited Uses (top)
In addition to any other prohibitions in these Terms, you are prohibited from using the Site or the Services or any content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate on the Site any international, federal, state, or local regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Service, or any other website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, or any other malicious purpose; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, Services, any other websites, or the Internet. We reserve the right to terminate your use of the Site and Services or for any reason including, but not limited to, violations of the above of the prohibited uses.
10. Third-Party Tools (top)
11. Third-Party Links (top)
Certain content, products, and services available on our Site may include materials or links to websites operated by third parties that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third party’s policies and terms before you engage in any transaction with any third party. Complaints, claims, concerns, or questions regarding third-party products, services, or websites should be directed to the third-party.
12. Accuracy of Billing and Account Information (top)
You agree to provide current, complete, and accurate purchase and account information for all purchases made by you from the Site and to promptly update your account and other information, including your email address and other information, so that we can complete your transactions and contact you as needed.
13. DISCLAIMER OF WARRANTIES (top)
THE SITE, PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE, PRODUCTS, SERVICES, AND CONTENT IS SOLELY AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY (top)
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER OZKARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, CONTENT, OR OUR PRODUCTS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, PRODUCTS, OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OZKARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15. INDEMNIFICATION (top)
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS OZKARE, OUR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SITE, SERVICES, CONTENT, OR OUR PRODUCTS, VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SITE, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
16. Assumption of Risks (top)
While you are using our Site, Services, or products, please be aware of your surroundings. You may not use the Site, Services, or products in a way that would distract you from obeying traffic or safety laws. For example, you may not use the Site, Services, or products while driving and may not put yourself or others in harm’s way. You agree that your use of the Site, Services, or products is at your own risk, and that you will not use the Site, Services, or products to violate any applicable law, regulation, or instructions as outlined in these Terms, and you will not encourage or enable any other individual to do so.
Unless prohibited by applicable law, you agree that by using our Services or products, you willingly, knowingly, and voluntarily assume any and all risks occurring before, during, or after using our Services or products, including injury by any cause and damage, loss, or theft of property. You acknowledge that using our products or Services, and certain activities related to using our products or Services, may have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure) and/or (c) judgment and/or behavior related problems (e.g., falling asleep while using a product, making false assumptions, misinterpreting messages, etc.). You agree to take reasonable precautions before using our products and their associated activities, for example making sure you are in a safe area to use the product, consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire/gear, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the grounds, facilities, equipment, and areas where you use our products, and that by using our products, you acknowledge the grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for that use. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel/authorities and cease using our product in that situation.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE AND RELEASE OZKARE AND ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE PRODUCTS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, EXPENSES, OR LIABILITY WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO YOUR USE OF THE PRODUCTS, INCLUDING FOR NEGLIGENCE, INHERENT AND UNFORESEEN RISKS, AND/OR INJURY OR DAMAGE TO PERSONS OR PROPERTY AND THE ACTIONS OF THIRD PARTIES.
17. Notice to New Jersey Residents (top)
If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Sections 2, 3, 5, 7, 10, 11, 14 and 16, the disclaimer of liability (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act); (b) in Sections 2, 3, 5, 7, 10, 11, 14 and 16, application of the limitations of liability (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Sections 15, the requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 20, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
18. Personal Information (top)
To provide the Site, Services, and products to you we need information about you. When you provide us with your information or otherwise use the Site, we may use that information for the purposes for which it was provided, to help improve our Site, and to communicate with you. If you have questions regarding our use of your information, please contact us as provided below.
19. Termination (top)
We may suspend or terminate your access to and use of the Site and Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content, the Services, or the Site; (c) we suspect any other unlawful activity associated with your use of the Site and Services, or (d) for any reason, in our sole discretion.
20. Miscellaneous (top)
These Terms constitute the entire and exclusive understanding and agreement between OzKare and you regarding the Site, the Services, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OzKare and you regarding the Site, the Services, and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
OzKare’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OzKare. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. You may not assign or transfer these Terms, by operation of law or otherwise, without OzKare’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, is void. OzKare may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principals. Any and all disputes related to these Terms or your use of the Site, Services, or products available on the Site shall be brought in state or federal courts located in New York County, New York. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York and waive any objection to such venue.