Accessing the Website
We reserve the right to withdraw or amend all or parts of the Website in our sole discretion without notice. We will not be liable if all or part of the Website is unavailable for any reason at any time or for any period, and we may restrict access to all or parts of the Website from time to time.
If you create or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. Your account, if any, is personal to you, and you may not provide any other person access to the Website using your username, password or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You must properly exit your account at the end of each session. Use particular caution when accessing the Website from a public or shared computer so that others are not able to view your username, password or other personal information.
We have the right to disable your username, password or other identifier at any time, in our sole discretion, for any or no reason (including if, in our opinion, you have violated any of these Terms).
Although this Website and its links may transmit information regarding health issues of infants, toddlers, adolescents, and minors, Udo does not solicit or accept information from any person younger than 18 years of age.
Using the Website
You may only use the Website for lawful purposes and in accordance with these Terms. You agree not to:
- Copy any material from the Website without authorization;
- Use the Website in any way that violates any applicable federal, state, local or international law;
- Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other person’s use or enjoyment of the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any material on the Website;
- Transmit any advertising or promotional material, including “junk mail,” “spam” or any similar solicitations;
- Impersonate or attempt to impersonate Udo, an Udo employee, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
- Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material or otherwise harm or interfere with the proper working of the Website; or
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the server on which the Website is stored, or any server, computer or database connected to the Website.
Intellectual Property Rights
The Website and its entire contents, features and functionality, including but not limited to all information, software, code, text, graphics, video and audio and the design, selection and arrangement thereof are owned by Udo, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, noncommercial use or for commercial use as outlined below.
No right, title or interest in or to the Website or its content is transferred to you, and all rights not expressly granted are reserved by Udo. The models pictured on the Website may or may not be associated with or users of Udo.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that you may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use or for commercial use as permitted. You may not modify copies of any materials on the Website or delete or alter any copyright, trademark or other proprietary rights or legal notices from copies of materials from the Website. Should you print, copy, modify, download or otherwise use or provide anyone else with access to any part of the Website in breach of these Terms, you must immediately return or destroy any copies of the materials you have made.
The Udo name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Udo or its affiliates or licensors. You may not use such marks without Udo’s prior written permission. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners. Website content that is not Udo’s is the sole responsibility of the entity that makes it available.
We respond to notices of alleged copyright infringement according to the process set out in the US Digital Millennium Copyright Act. All notices of copyright infringement claims should be sent to our legal department at legal@Udo.com.
Using this Website in breach of these Terms may violate copyright, trademark and other laws and will result in the immediate termination of your right to use the Website. If you would like to use any Website material other than as set forth in this section, please email legal@Udo.com.
Commercial Use of the Website
You may not use the Website for commercial use without Udo’s prior written approval. Providers contracted with Udo may use the Website for commercial purposes in accordance with and subject to their respective agreements with Udo and these Terms.
Website content may be updated from time to time, but may not necessarily be complete or up-to-date. We are not under any obligation to update Website content.
The information on the Website is made available solely for informational purposes. Udo does not warrant the accuracy, completeness or usefulness of this information, and your reliance on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on such information by Website visitors and others who may be informed of the Website’s content.
In the event that the Website mistakenly lists an incorrect price, Udo reserves the right to refuse or cancel any orders placed for services listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, a credit shall issue to your credit card account in the amount of the incorrect price.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Udo will terminate the access of those who repeatedly violate these standards.
You are permitted to link to the Website’s homepage, so long as you do so in a fair and legal manner that does not damage or take advantage of our reputation. However, you may not link to the Website in a way that suggests any form of association with Udo or Udo’s approval or endorsement without our written consent.
The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not control the contents of these websites or resources, and we are not responsible for them or for any losses or damages you may incur due to your use of them. Use of any third-party websites linked to the Website is entirely at your own risk and subject to the terms and conditions of such third-party websites.
Monitoring and Enforcement
We reserve the right to:
- Refuse to post any User Contributions for any or no reason in our sole discretion;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website;
- Take any action with respect to any User Contribution that we deem necessary or appropriate, including, but not limited to, actions to protect (a) an individual’s or entity’s intellectual property rights; (b) an individual’s or the public’s personal safety; or (c) Udo exposure to legal liability;
- Terminate or suspend your access to all or part of the Website for any violation of these Terms; and
- Fully cooperate with any law enforcement authority or court order that requests or directs us to disclose the identity or other information of anyone who submits a User Contribution, subject to our Subpoena Policy.
You agree to waive and hold Udo harmless from any claims resulting from any action it takes during or as a result of its investigations and from any actions taken as a consequence of investigations by Udo or law enforcement authorities.
Warranties and Disclaimers
You are responsible for implementing adequate anti-virus protection procedures. We do not guarantee or warrant that files you download from our Website or from elsewhere on the internet in conjunction with our Website will be free of viruses or other destructive code. We will not be liable for any loss or damage caused by viruses, distributed denial of service attacks, or other technologically harmful material that may infect your computer equipment and programs, data, and other proprietary material due to your use of the Website or any services or items obtained through the Website or your downloading of any material from the Website or from any website linked to it.
Use of the Website, its content and any services or items obtained through it is at your own risk. The Website, its content and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties, either express or implied, of any kind. Notwithstanding our best efforts to provide accurate information, neither Udo nor any person associated with Udo makes any warranty or representation with respect to the completeness, reliability, security, quality, availability or accuracy of the information on the Website. Without limiting the foregoing, neither Udo nor any person associated with Udo represents or warrants that the Website, its content or any services or items obtained through it will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the Website will otherwise meet your needs or expectations. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, to the fullest extent allowed by law, including, but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose.
Except as prohibited or limited by law, Udo, its affiliates, licensors, service providers, contributors, associates, employees, agents, officers, members or managers will not be responsible for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, any websites linked to it, or any content on the Website or such linked websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages (including, but not limited to, lost profits, revenues, business, anticipated savings, goodwill, or data; personal injury; pain and suffering; and emotional distress), whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Udo does not provide medical advice, provide medical or diagnostic services, or prescribe medication, although Udo may be used to communicate about medical advice, diagnosis, and treatment. Udo is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. If you are a healthcare provider, you agree that you are solely responsible for verifying the accuracy of patient information (including, without limitation, obtaining all applicable patients’ medical and medication history and allergies), and for all of its decisions or actions with respect to the medical care, treatment, and well-being of your patients, including without limitation, your acts or omissions. Any use or reliance by you upon the Website will not diminish that responsibility. You assume all risks associated with the clinical use of the Website for the treatment of patients. Neither Udo nor its licensors assume any liability or responsibility for damage or injury (including death) to a user, a patient, other persons, or tangible or intangible property arising from any use of the Website.
To the extent permitted by law, Udo’s liability arising from the purchase of a service or product listed on the Website (and/or that of our users), if any, is limited to the amount paid for that service or product.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues. Such causes of action or claims not commenced within this time limitation will be permanently barred.
If you are a healthcare provider, you agree that you are responsible for understanding and complying with all state and federal laws related to retention of medical records, patient access to information, and patient authorization to release data.
You agree to defend, indemnify, and hold harmless Udo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or any information obtained from the Website.
The laws of the State of Utah, United States, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Salt Lake County, Utah, United States. You consent to personal and exclusive jurisdiction and venue in those courts.
We may modify these Terms from time to time in our sole discretion, and all changes will be effective immediately when we post them. Your use of the Website following the posting of revised Terms means that you accept and agree to the changes, so read these Terms regularly. If you do not agree to the modified Terms, you should discontinue your use of the Website.
Udo’s failure to enforce any term or condition set forth in these Terms will not operate as a waiver of such term or condition, and no single or partial exercise of any such term or condition will preclude any other or further exercise thereof or the exercise of any other term or condition. No waiver of any such term or condition will be deemed a waiver of any other term or condition hereunder. No waiver of any term or condition set forth in these Terms shall be effective unless explicitly set forth in writing and signed by Udo.
If any provision of these Terms is, to any extent, invalid, illegal or unenforceable, such provision will be limited to the minimum extent necessary to render it legal and enforceable, and all other provisions will remain in full force and effect.
To reach Udo about anything contained in these Terms, use this contact information:
182 N Union Ave.
Farmington, UT 84025
Last modified March 1, 2021.
©Udo, LLC (2021).