We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the Oncuity Online Services.  If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email.  We may ask you to affirmatively accept changes to these Terms at the time of your next account sign in, access or use of the Oncuity Online Services.  All changes are effective when we post them and apply to your access and use of the Oncuity Online Services thereafter.

The Oncuity Online Services are not intended for use by anyone under age 21. YOU MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE ONCUITY ONLINE SERVICES. By accessing, using and/or submitting information or orders to or through the Oncuity Online Services, you represent that you are at least age 21.

From time to time, Oncuity CBD Brands may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.

You are responsible for providing the equipment and services that you need to access and use the Oncuity Online Services. We do not guarantee that the Oncuity Online Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Oncuity Online Services or any component of them and to block or prevent future access to and use of the Oncuity Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Oncuity Online Services will survive such termination.

The products and claims made about specific products on or through any Oncuity Online Service have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.

Oncuity Online Services are not intended to provide diagnosis, treatment or medical advice. You should not use the information or services on any Oncuity Online Service to diagnose or treat any health conditions or for prescription of any medication or other treatment.  Products, services, information and other content provided on any Oncuity Online Service, whether directly or by linking to third-party websites are provided for informational purposes only. Information available on or through any Oncuity Online Service is not comprehensive, may be provided in summary or limited form, and does not cover all diseases, ailments, physical or mental conditions or their treatment. 

Oncuity Brands and Oncuity Online Services do not recommend self-management of health issues. You must consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options and prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.

Individuals are different and may react differently to different products. You should consult your physician or healthcare professional about interactions between medications you are taking and nutritional supplements. Contact your healthcare professional promptly if you have any health related questions.  Never disregard or delay medical advice based upon information you may have read on or accessed through any Oncuity Online Service.

Comments made in any forums on or accessed through Oncuity Online Service by employees of Oncuity Brands or users of Oncuity Brand products are strictly their own personal views made in their own personal capacity and are not claims made by us or do not represent our positions or views.  Such comments or opinions are not intended as a substitute for appropriate medical care or advice from a physician or healthcare professional. We are not liable for any information provided on or accessed through any Oncuity Online Service with regard to recommendations regarding products for any health purposes.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service.  We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

Unless otherwise noted, all materials, logos, trade names, trade dress, published on any Oncuity Online Service, including without limitation, Oncuity Online Services’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Oncuity CBD Brands and/or its subsidiaries and affiliates or by other parties that have licensed their material to Oncuity CBD Brands. 

Oncuity CBD Brands marks displayed in any Oncuity Online Service represent some of the proprietary rights currently owned or controlled by Oncuity CBD Brands in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Oncuity CBD Brands worldwide proprietary ownership rights.  Without limiting the forgoing, “ONCUITY” and the hexagon logo are Florida registered and common law trademarks owned by HJK Medical Enterprises, LLC and are licensed for
use by TCP Medical Corporation II.

Other copyrights, trademarks, product names, company names, logos or intellectual property displayed, used or accessible through Oncuity Online Services are the property of the respective owners with all rights reserved.  References to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of Oncuity Brands.

You may not remove or alter any copyright, trademark or other proprietary right notice in any Oncuity Online Service.  All rights not expressly granted are reserved.

In accordance with the DMCA and other applicable law, Oncuity CBD Brands has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Oncuity CBD Brands to be repeat infringers. Oncuity CBD Brands may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement

Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the Oncuity Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

your physical or electronic signature;identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; andyour name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Commonwealth of Massachusetts, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Oncuity CBD Brands receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

Third Party Links

The Oncuity Online Services may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices.  If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

Third Party Services may also link to the Oncuity Online Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Oncuity CBD Brands occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.

 Third Party Social Networking Services and Logins

Oncuity Online Services may allow you to post to or otherwise interact with certain Third Party Services, such as social media and social networking services, including without limitation,  Facebook, Twitter or Instagram (“Social Networking Services”).  Logging in or directly integrating these Social Networking Services with the Oncuity Online Services may make your online and mobile experiences richer and more personalized.  To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers.  As part of this integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.  Please remember that the way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services.  In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services.  As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

Third Party Products

Oncuity Online Services may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the Oncuity Online Services using voice functionality services available through the microphone on a Third Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with Oncuity Online Services or will be error-free.  We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners. 

Oncuity Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information.  If any information in any Oncuity Online Service is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid.  We cannot guarantee that your computer’s display of color or other product features is accurate.  If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.

Disclaimer of Warranty and Limitation of Liability

To the fullest extent allowed by applicable law, Oncuity CBD Brands is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the Oncuity Online Services or any materials available in any Oncuity Online Service. Oncuity CBD Brands shall not be liable even if Oncuity CBD Brands or a Oncuity CBD Brands authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Except as expressly otherwise stated, Oncuity CBD Brands does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the Oncuity Online Services.  Without limiting the generality of the preceding sentence, Oncuity CBD Brands specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the Oncuity Online Services. 

Oncuity CBD Brands does not guarantee that the functions contained in any of the Oncuity Online Services will be secure, uninterrupted or error-free, that each the Oncuity Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Oncuity CBD Brands is aware of them.

Except as set forth below, in no event will Oncuity CBD Brands and its parent's, affiliates' or subsidiaries total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Oncuity Online Services or $100, whichever is less.  Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred. 

Nothing in these Terms will exclude or limit Oncuity CBD Brands liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.

Oncuity CBD Brands controls and operates the Oncuity Online Services from within the United States. Oncuity CBD Brands makes no representation that any materials on or accessible through Oncuity Online Services are appropriate or available for use outside the United States. If you access any Oncuity Online Services from outside the United States, be advised the Oncuity Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of Oncuity Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of Oncuity Online Services. Oncuity Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Oncuity CBD Brands or its affiliates to any registration requirement within such jurisdiction or country.

This English-language set of terms is Oncuity CBD Brands official statement of its terms of use for all the Oncuity Online Services. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language Terms prevail.

These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Florida, without reference to its conflicts of law principles.    

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the Oncuity Online Services is Oncuity, 340 Royal Poinciana Way, Suite 317-434, Palm Beach, FL 33480.You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.Any California residents under the age of eighteen (18) who have registered to use the Oncuity Online Services and who have posted content or information on the Oncuity Online Services, can request that such information be removed from the Oncuity Online Services by contacting us atoncuity@realmofcaring.com. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

California Transparency in Supply Chains

We are dedicated to conducting business in compliance with all laws, regulations and ethics of fairness and human decency, both nationally and internationally. We seek to use suppliers who share our commitments, and agree to abide by our supplier code of conduct.

We screen suppliers on many business related criteria as well as their compliance with matters of law.  We seek partners that comply with government regulations, including those concerning human ethics.  Our suppliers are required to acknowledge, and agree to, our Supplier Code of Conduct.

We conduct periodic on-site, announced and unannounced, visits to our manufacturing and distribution facilities around the globe, during which our employees, third party auditors and other designated associates inspect facilities and observe conditions, workers and practices as well as the suppliers compliance with our supplier Quality management systems, supplier Code of Conduct or contract terms, as applicable.

We maintain accountability standards, including a Code of Conduct for our employees and a supplier Code of Conduct for our suppliers.  If we determine that our employees or suppliers are engaged in slavery or human trafficking, our employees will be disciplined, up to and including termination, and our supplier relationships terminated. 

All of our employees who are involved in supplier management are trained annually on administering our supplier Code of Conduct.  In addition, all employees participate in an annual employee Code of Conduct training.