Terms of Use

Last Updated: April 28, 2016

Acceptance of Our Terms of Use. The following Terms of Use ("Terms of Use") are entered into by and between you ("you", "your", or "User") and Origin, Inc. and all of our affiliates ("Company", "we", or "us"). By visiting our website, www.originww.com (the "Site"), viewing, accessing or otherwise using any of the services or information displayed, created, collected, compiled or submitted to the Site, you agree to be bound by the following Terms of Use and our Privacy Policy available at the following link Privacy Policy. If you do not want to be bound by our Terms of Use or Privacy Policy, your only option is not to visit, view or otherwise use our Site or services or provide any information through our Site. You understand, agree and acknowledge that these Terms of Use and Privacy Policy constitute legally binding agreements between you and us and that your use of our Site shall indicate your conclusive and irrevocable acceptance of these Terms of Use and our Privacy Policy as binding agreements.

Changes To Our Site or Terms of Use. We may periodically modify, amend, revise or update these Terms of Use or our Site in our sole discretion. Any changes we may make to these Terms of Use will be effective immediately upon our posting of them to our Site, and shall apply to all access to and use of the Site thereafter. If you continue to use our Site after we have posted a revised Terms of Use that means that you accept and agree to the revised Terms of Use. We encourage you to always check this page each time you visit our Site, or at least from time to time, so that you are aware of any changes, as such changes are binding on you. You agree that we will not be liable to you or to any third party for any modification of our Site or Terms of Use.

No Medical Advice. Our Site is not intended to provide medical advice to you. You should therefore not use our Site as a substitute for medical advice or medical care, but rather, should consult your health care provider or licensed physician regarding any medical questions you may have. You agree that we will not be liable to you or to any third party to the extent you treat or consider any information on our Site to constitute medical advice.

Acceptable and Prohibited Uses. We maintain our Site for your personal information, education, and communication with us. You may use our Site only for lawful purposes in accordance with these Terms of Use. You agree not to use or access our Site for any unlawful or harmful purpose, including but not limited to, harming any third party or person, sending or posting any harmful or infringing content, or engaging in any conduct that could damage or disable the functionality of our Site. Some sections of our Site may allow you to access online forums or to submit e-mails or other feedback to us. We do not endorse, and expressly disclaim, any responsibility or liability for any content in these aforementioned sections. You may also not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any information that could comprise or induce conduct that would be criminal in nature, give rise to civil liability, or otherwise violate any laws or regulations. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of our Site.

Submitted Content. If you submit certain content to us through our Site, including but not limited to, e-mails, feedback, questions, suggestions, or comments ("User Submissions"), such User Submissions, to the extent they do not contain personally identifiable information, will be treated as non-confidential and non-proprietary by us. Any personally identifiable information you submit through our Site is governed by our Site’s Privacy Policy. By providing User Submissions, you also grant to us an irrevocable, worldwide, royalty-free license to publish, display, modify, distribute and/or syndicate such User Submissions. We will also be free to use, without paying any compensation to you, any such User Submissions or any ideas, concepts, know-how, processes, or techniques contained therein for any purpose whatsoever, including but not limited to, developing, manufacturing, marketing, and selling products and services. You represent and warrant that you have the authority to grant the foregoing license and rights.

Copyrights. Our Company owns the Site. All of the content available or viewable on our Site, including but not limited to, documents, text, and graphical images ("Site Content") is owned by us or third parties and is protected by the United States Copyright Act or similar foreign copyright laws. As a visitor to or user of our Site, you are free to browse and view information made available on our Site. You may also download or reproduce limited portions of the Site Content for your own personal, non-commercial use only and on the condition that you are sure to maintain all copyright and other proprietary notices on such copies. You are not permitted, however, to publish, transmit, distribute, modify, reuse, or repost the Site Content or create derivative versions of the same for any public or commercial purposes, without our express prior written permission. We do not warrant or represent that your use of any Site Content will not infringe any rights of any third parties not owned by or affiliated with us. We and any of our suppliers, licensors, vendors, or partners reserve all rights not granted in these Terms of Use.

Trademarks. Any trademarks, service marks, trade names, logos, or designs ("Marks") that appear on our Site are either owned by us or third parties. You are therefore not permitted to use these Marks in any manner without the express prior written permission of us or any such third party who may own such Mark. You should also not construe or understand anything on our Site as granting you any license, by implication, estoppel, or otherwise, to use any of the Marks. Your unauthorized use of any such Marks is strictly prohibited and may result in civil liability or criminal penalties.

Third Party Links. A link on our Site that may re-direct you to another website not owned, controlled, or operated by us does not constitute an endorsement of that website, the party who owns, controls, or operates that website, or the products or services offered on such website. If you visit any such third party site from a link on our Site, you do so at your own risk. Our Terms of Use or Privacy Policy do not and will not govern any third party sites you visit. We therefore encourage you to review the terms of use or privacy policies of any third party websites you may visit as a result of clicking a link on our Site as their terms of use or privacy policies may be different than ours.

Forward Looking Statements. Our Site may contain forward-looking statements concerning our financial and operating performance, business plans and prospects, and progress and results of products that involve substantial risks and uncertainties. Such forward-looking statements are based on estimates, projections and assumptions that may prove not to be accurate, and actual results could differ materially from those anticipated due to known and unknown risks, uncertainties and other factors, including but not limited to, the risks, uncertainties and other factors described in the "Risk Factors" sections of our most recent Annual Report on Form 10-K and our most recent Quarterly Report on Form 10-Q, each filed with the Securities and Exchange Commission. Our Company has no responsibility or obligation to update any such forward-looking statements appearing on or contained in our Site as a result of new information, future events or changes in our expectations. You should therefore not rely on any such forward-looking statements in connection with any investment decisions.

WARRANTY DISCLAIMER. OUR SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF OUR SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE IS AT YOUR OWN RISK. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY SITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. AND TO THE EXTENT THAT THE COMPANY IS FOUND LIABLE AS TO ANY CLAIM NOT LIMITED BY THE FOREGOING OR WAIVED BY YOU UNDER THESE TERMS OF USE, THE COMPANY’S TOTAL LIABLITY FOR ANY AND ALL SUCH CLAIMS SHALL BE LIMITED TO FIFTY DOLLARS ($50) IN THE AGGREGATE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Indemnification. You agree to defend, indemnify and hold harmless the Company, 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 of Use or your use of our Site, including, but not limited to, your User Submissions, any use of our Site Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Site.

Geographic Restrictions. We are based in the United States. We therefore provide our Site for use only by persons located in the United States. We make no representation or claim that our Site or any of our Site Content is accessible or appropriate for use outside of the United States. You therefore understand that access to our Site or Site Content is prohibited where the Site or its Content may be illegal or inappropriate. If you access our Site from outside the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with local laws or regulations.

Monitoring and Enforcement; Termination. You agree that we have the unrestricted rights to: (a) remove or refuse to post any User Submissions for any or no reason in our sole discretion; (b) take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates these Terms of Use, infringes or violates any rights of any person or entity, threatens the personal safety of other users of our Site or the public or could create liability for us; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site; or (e) terminate or suspend your access to all or part of our Site for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Governing Law and Jurisdiction. All matters relating to our Site and these Terms of Use and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law principles, provisions, or rules, whether of the State of New York or any other state or jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use or misuse of our Site in your state or country of residence or any other relevant state or country having courts of competent jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, and you hereby waive, to the fullest extent permitted by law, any right to a jury trial in such courts, unless such jury trial is requested by us.

Arbitration. At our sole discretion, we may require you to submit any disputes arising from the use of our Site or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. Any such arbitration will be held in the State of New York, in the City of New York, and you hereby consent to such venue and location for such arbitration.

Waiver and Severability. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and our Company with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site.

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