Terms of Use
OM HEALS TERMS OF USE
Effective: September 14, 2021
Last updated: September 14, 2021
TERMS OF USE:
These Terms of Use (“Terms”) apply to your access to and use of the website and our products and Matching Services(collectively, our “MatchingServices”) provided by OM Heals, Inc. (“OM Heals,” “we” or “us” ).
1. Acceptance of the Terms
PLEASE READ THESE TERMS BEFORE USING OUR MATCHING SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING OUR MATCHING SERVICES, YOU AGREE TO AND ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 11, DO NOT ACCESS OR USE OUR MATCHING SERVICES. We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from our Digital Properties, including at www.om-heals.com, and will apply to you prospectively, so you should check back each time you use our Matching Services so you are aware of any changes, as they are binding on you.
2. Medical and Therapeutic Disclaimer
The Matching Services and contents of the website such as the information, text, graphics, images, video, webinars, data, and any other material (collectively, “Content”) are for general informational purposes only. The Content is not intended to be a substitute for professional medical or therapeutic advice, diagnosis, or treatment. Using or accessing the Matching Services and/or providing personal or medical information to OM Heals does not create a physician-patient or a therapist-patient relationship between you and OM Heals. OM Heals does not provide medical or therapeutic advice, diagnosis, opinion or treatment. Always seek the advice of your physician, therapist, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in our Content. Never rely on the Content in place of seeking professional medical advice. OM Heals does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by OM Heals or practitioners working with us is solely at your own risk.IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN.
3. User Content and Feedback
Our MatchingServices may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “UserContent”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and OM Heals. You grant OM Heals a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish,translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Matching Services, you understand that your User Content and any associated information (such as your username and date of review) will be visible to the public. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about OM Heals or our Matching Services (collectively, “Feedback”),is non- confidential and will become the sole property of OM Heals. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. Accessing the Matching Services
Payment and Billing Information: By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order or use of the Matching Services may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order or use of the Matching Services. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.
Minimum age: In order to accept these Terms and to access and use our Matching Services you must be at least 18 years of age. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Matching Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using our Matching Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.Y ou hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have the consent of your parent(s) or guardian(s) to access and use theMatching Services if you are under 18 years of age; (c) you have all th eapplicable rights and authority to grant OM Heals the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.
Modification or Suspension of the Matching Services and right to terminate your use of the Matching Services: We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Matching Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Content or discontinuing any of our offerings entirely. Any description of the features of products or Matching Services offered by OM Heals shall not be considered to be a representation by OM Heals that such features will always be included in such products and Matching Services. We also reserve the right, subject to the Terms, to restrict access to some or all of the Matching Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Matching Services and Materials may become unavailable to you at any time and for any period. For the avoidance of doubt, we will not be liable if for any reason all or any part of the Matching Services, Digital Properties or Materials is unavailable at anytime or for any period.
Errors: We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Matching Services, in an order confirmation, in processing an order or delivering a Product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Matching Services.You will not:
*Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
*Use our Matching Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Matching Services or that could damage, disable, overburden or impair the functioning of our Matching Services in any manner;
*Reverse engineer any aspect of our Matching Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Matching Services;
*Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Matching Services that you are not authorized to access;
*Develop or use any third-party applications that interact with our Matching Services without our prior written consent, including any scripts designed to scrape or extract data from our Matching Services;
*Bypass or ignore instructions contained in our robots.txt file, that controls automated access to portions of our Matching Services;
*or Use our Matching Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
*Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
*Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
*May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
*Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
*Impersonates, or misrepresents your affiliation with, any person or entity;
*References or depicts OM Heals or our Matching Services but fails to disclose a material connection to us, if you have one (for example, if you are an OM Heals employee);
*Contains any unsolicited promotions, political campaigning, advertising or solicitations;
*Contains any private or personal information of a third party without such third party’s consent;
*Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
*or Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Matching Services, or that may expose OM Heals or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6. Limited License; Copyright and Trademark Rights
Limited License and Intellectual Property Rights Our Matching Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “OM Heals Materials”) are owned by or licensed to OM Heals and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, OM Heals and our licensors reserve all rights in and to our Matching Services and the OM Heals Materials.You are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Matching Services and OM Heals Materials for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Matching Services or OM Heals Materials; (b) copy, reproduce, distribute, publicly perform or publicly display OM Heals Materials, except as expressly permitted by us or our licensors; (c) modify the OM HealsMaterials, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Matching Services or OM Heals Materials; (d) use any data mining, robots or similar data gathering or extraction methods; and (e)use our Matching Services or OM Heals Materials other than for their intended purposes. Any use of our Matching Services or OM Heals Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Copyright Complaints: We have a policy of limiting access to our Matching Services and terminating the access of users who infringe the intellectual property rights of others. If you believe that anything on our Matching Services infringes any copyright that you own or control, you may notify OM Heals’ Designated Agent via email at useromheals@gmail.com.Please see 17U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Matching Services is infringing, you may to liable to OM Heals for certain costs and damages.
7. Privacy Policy and Transfer and Processing of Data
By accessing or using our Matching Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. By accessing or using the Matching Services, you consent to the processing and transfer of information relating to you, in and to theUnited States and other countries, which may have less adequate data protection laws than those found in your country of residency. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms.
8. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless OM Heals and its shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, partners, and representatives (the “OM Heals Parties”) from and against any and all claims, demands, causes of action, losses, expenses, costs, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the OM Heals Parties in any way related to your (a) your use or misuse of our MatchingServices; (b) your User Content or Feedback; (c) your violation of these Terms;(d) your violation of any rights of another; (e) violation of any applicable law or regulation; and (f) your submission of inaccurate, untimely, incomplete or misleading User Content. You agree to promptly notify the Om Heals Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree to cooperate as requested by the OM Heals Parties in the defense of such claims. You further agree that theOM Heals Parties shall have control of the defense or settlement of any third party Claims. You agree that you shall not, in any event, settle any claim or matter on behalf of OM Heals without the written consent of Om Heals. This indemnification obligation shall survive the cessation of your use of the Matching Services.
9. Disclaimer of Warranties
WE PROVIDE THE MATCHING SERVICES ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE OM HEALS PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE MATCHING SERVICES: (I)ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS,(III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOUUSE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE,CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.THE OM HEALS PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE MATCHING SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. OM HEALS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED,REGARDING THE MATCHING SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
10. Limitation of Liability
To the fullest extent permitted by applicable law, the OM Heals Parties will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Matching Services or the purchase of Products through the Matching Services, including but not limited to any damages caused by or resulting from reliance on any information obtained from the OM Heals Parties and from events beyond the OM Heals Parties’ reasonable control, even if OM Heals or the other OM Heals Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. To the fullest extent permitted by applicable law, the total liability of the OMHeals Parties for any claim arising out of or relating to these Terms, our MatchingServices or Products purchased through the Matching Services, regardless of the form of the action, is limited to the greater of (a) the purchase price of theProduct(s) giving rise to the claim or (b) $100. The limitation of liability set out above does not apply to liability resulting from our fraud, gross negligence or willful misconduct.If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11. Dispute Resolution/Binding Arbitration/Class Action Waiver: Please read the following section carefully because it requires you to arbitrate certain disputes and claims with OM Heals and limits the manner in which you can seek relief from us.
Except for any dispute arising out of or related to a violation of Section 5 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and OM Heals waive their rights to a jury trial and to have any dispute arising out of or related to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services resolved in court. Instead, all disputes arising out of or to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services will be resolved through confidential binding arbitration held in San Diego, California before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration andMediation Matching Services ("JAMS"),which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and OM Heals agree that any dispute arising out of or related to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services is personal to you and OM Heals and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and OM Heals further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.
You and OM Heals agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.(the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, theseTerms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.You and OM Heals agree that for any arbitration you initiate, you will pay the filing fee and OM Heals will pay the remaining JAMS fees and costs. For any arbitration initiated by OM Heals, OM Heals will pay all JAMS fees and costs.You and OM Heals agree that the state or federal courts of the State of California and the United States sitting in San Diego County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms, our Matching Services or products or services purchased through our Matching Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and OM Heals will not have the right to assert the claim.
You have the right to opt out of binding arbitration withinthirty (30) days of the date you first accepted the terms of this Section 11 by emailing us at useromheals@gmail.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, youare agreeing to resolve Disputes in accordance with Section 16 of these Terms.
12. General Consent to Electronic Communications
You consent tor eceive communications from us whether required by law or otherwise, either bye-mail (if you have provided us with your e-mail address), or any other form of communication you have consented to, or by notice posted on www.om-heals.comas determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us inw riting is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us. Notwithstanding your indicated email marketing preferences, we may send you administrativeemails regarding OM Heals, including, for example, order confirmations or information about Matching Services you have purchased as well as notices ofupdates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond toa question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy orthese Terms, any User Content you provide or in relation to customer service issue.Text messagesOM Heals may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contacty ou using your phone or mobile number with an automatic telephone dialing system(ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or Matching Services.
13. Cancellations
To avoid forfeiture of the full amount paid, you must cancel or reschedule your session or service at least 24 hours before the scheduled start of the session or service. Otherwise, services and sessions are not refundable. If you cancel your session or service less than 24hours before it is scheduled to take place, you will be charged a cancellation fee equal to the full price of the service or session. Cancellations may only be made by contacting your provider directly. We are not responsible for processing cancellations.
14. Refunds
All requests for a refund must be submitted within 48 hours after the scheduled start of the service or session. No refunds are available if a request for a refund is made more than 48 hours after the scheduled start of a session. Requests for a refund must be made in writing to useromheals@gmail.com with the subject line “Refund Complaint.” Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.
15. Miscellaneous
These Terms constitute the entire agreement between you and OM Heals relating to your access to and use of our Matching Services. The failure of OM Heals to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of theseTerms are intended to be severable. If for any reason any provision of theseTerms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
16. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods or services. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the MatchingServices, will be in San Diego County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in San Diego County, California.
17.Contact Us
If you have any questions about these Terms, contact us via email at useromheals@gmail.com.
Effective: September 14, 2021
Last updated: September 14, 2021
TERMS OF USE:
These Terms of Use (“Terms”) apply to your access to and use of the website and our products and Matching Services(collectively, our “MatchingServices”) provided by OM Heals, Inc. (“OM Heals,” “we” or “us” ).
1. Acceptance of the Terms
PLEASE READ THESE TERMS BEFORE USING OUR MATCHING SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING OUR MATCHING SERVICES, YOU AGREE TO AND ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 11, DO NOT ACCESS OR USE OUR MATCHING SERVICES. We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from our Digital Properties, including at www.om-heals.com, and will apply to you prospectively, so you should check back each time you use our Matching Services so you are aware of any changes, as they are binding on you.
2. Medical and Therapeutic Disclaimer
The Matching Services and contents of the website such as the information, text, graphics, images, video, webinars, data, and any other material (collectively, “Content”) are for general informational purposes only. The Content is not intended to be a substitute for professional medical or therapeutic advice, diagnosis, or treatment. Using or accessing the Matching Services and/or providing personal or medical information to OM Heals does not create a physician-patient or a therapist-patient relationship between you and OM Heals. OM Heals does not provide medical or therapeutic advice, diagnosis, opinion or treatment. Always seek the advice of your physician, therapist, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in our Content. Never rely on the Content in place of seeking professional medical advice. OM Heals does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by OM Heals or practitioners working with us is solely at your own risk.IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN.
3. User Content and Feedback
Our MatchingServices may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “UserContent”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and OM Heals. You grant OM Heals a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish,translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Matching Services, you understand that your User Content and any associated information (such as your username and date of review) will be visible to the public. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about OM Heals or our Matching Services (collectively, “Feedback”),is non- confidential and will become the sole property of OM Heals. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. Accessing the Matching Services
Payment and Billing Information: By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order or use of the Matching Services may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order or use of the Matching Services. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.
Minimum age: In order to accept these Terms and to access and use our Matching Services you must be at least 18 years of age. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Matching Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using our Matching Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.Y ou hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have the consent of your parent(s) or guardian(s) to access and use theMatching Services if you are under 18 years of age; (c) you have all th eapplicable rights and authority to grant OM Heals the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.
Modification or Suspension of the Matching Services and right to terminate your use of the Matching Services: We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Matching Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Content or discontinuing any of our offerings entirely. Any description of the features of products or Matching Services offered by OM Heals shall not be considered to be a representation by OM Heals that such features will always be included in such products and Matching Services. We also reserve the right, subject to the Terms, to restrict access to some or all of the Matching Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Matching Services and Materials may become unavailable to you at any time and for any period. For the avoidance of doubt, we will not be liable if for any reason all or any part of the Matching Services, Digital Properties or Materials is unavailable at anytime or for any period.
Errors: We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Matching Services, in an order confirmation, in processing an order or delivering a Product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Matching Services.You will not:
*Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
*Use our Matching Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Matching Services or that could damage, disable, overburden or impair the functioning of our Matching Services in any manner;
*Reverse engineer any aspect of our Matching Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Matching Services;
*Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Matching Services that you are not authorized to access;
*Develop or use any third-party applications that interact with our Matching Services without our prior written consent, including any scripts designed to scrape or extract data from our Matching Services;
*Bypass or ignore instructions contained in our robots.txt file, that controls automated access to portions of our Matching Services;
*or Use our Matching Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
*Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
*Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
*May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
*Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
*Impersonates, or misrepresents your affiliation with, any person or entity;
*References or depicts OM Heals or our Matching Services but fails to disclose a material connection to us, if you have one (for example, if you are an OM Heals employee);
*Contains any unsolicited promotions, political campaigning, advertising or solicitations;
*Contains any private or personal information of a third party without such third party’s consent;
*Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
*or Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Matching Services, or that may expose OM Heals or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6. Limited License; Copyright and Trademark Rights
Limited License and Intellectual Property Rights Our Matching Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “OM Heals Materials”) are owned by or licensed to OM Heals and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, OM Heals and our licensors reserve all rights in and to our Matching Services and the OM Heals Materials.You are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Matching Services and OM Heals Materials for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Matching Services or OM Heals Materials; (b) copy, reproduce, distribute, publicly perform or publicly display OM Heals Materials, except as expressly permitted by us or our licensors; (c) modify the OM HealsMaterials, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Matching Services or OM Heals Materials; (d) use any data mining, robots or similar data gathering or extraction methods; and (e)use our Matching Services or OM Heals Materials other than for their intended purposes. Any use of our Matching Services or OM Heals Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Copyright Complaints: We have a policy of limiting access to our Matching Services and terminating the access of users who infringe the intellectual property rights of others. If you believe that anything on our Matching Services infringes any copyright that you own or control, you may notify OM Heals’ Designated Agent via email at useromheals@gmail.com.Please see 17U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Matching Services is infringing, you may to liable to OM Heals for certain costs and damages.
7. Privacy Policy and Transfer and Processing of Data
By accessing or using our Matching Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. By accessing or using the Matching Services, you consent to the processing and transfer of information relating to you, in and to theUnited States and other countries, which may have less adequate data protection laws than those found in your country of residency. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms.
8. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless OM Heals and its shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, partners, and representatives (the “OM Heals Parties”) from and against any and all claims, demands, causes of action, losses, expenses, costs, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the OM Heals Parties in any way related to your (a) your use or misuse of our MatchingServices; (b) your User Content or Feedback; (c) your violation of these Terms;(d) your violation of any rights of another; (e) violation of any applicable law or regulation; and (f) your submission of inaccurate, untimely, incomplete or misleading User Content. You agree to promptly notify the Om Heals Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree to cooperate as requested by the OM Heals Parties in the defense of such claims. You further agree that theOM Heals Parties shall have control of the defense or settlement of any third party Claims. You agree that you shall not, in any event, settle any claim or matter on behalf of OM Heals without the written consent of Om Heals. This indemnification obligation shall survive the cessation of your use of the Matching Services.
9. Disclaimer of Warranties
WE PROVIDE THE MATCHING SERVICES ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE OM HEALS PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE MATCHING SERVICES: (I)ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS,(III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOUUSE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE,CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.THE OM HEALS PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE MATCHING SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. OM HEALS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED,REGARDING THE MATCHING SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
10. Limitation of Liability
To the fullest extent permitted by applicable law, the OM Heals Parties will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Matching Services or the purchase of Products through the Matching Services, including but not limited to any damages caused by or resulting from reliance on any information obtained from the OM Heals Parties and from events beyond the OM Heals Parties’ reasonable control, even if OM Heals or the other OM Heals Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. To the fullest extent permitted by applicable law, the total liability of the OMHeals Parties for any claim arising out of or relating to these Terms, our MatchingServices or Products purchased through the Matching Services, regardless of the form of the action, is limited to the greater of (a) the purchase price of theProduct(s) giving rise to the claim or (b) $100. The limitation of liability set out above does not apply to liability resulting from our fraud, gross negligence or willful misconduct.If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11. Dispute Resolution/Binding Arbitration/Class Action Waiver: Please read the following section carefully because it requires you to arbitrate certain disputes and claims with OM Heals and limits the manner in which you can seek relief from us.
Except for any dispute arising out of or related to a violation of Section 5 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and OM Heals waive their rights to a jury trial and to have any dispute arising out of or related to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services resolved in court. Instead, all disputes arising out of or to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services will be resolved through confidential binding arbitration held in San Diego, California before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration andMediation Matching Services ("JAMS"),which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and OM Heals agree that any dispute arising out of or related to these Terms, our Matching Services or products or Matching Services purchased through our Matching Services is personal to you and OM Heals and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and OM Heals further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.
You and OM Heals agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.(the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, theseTerms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.You and OM Heals agree that for any arbitration you initiate, you will pay the filing fee and OM Heals will pay the remaining JAMS fees and costs. For any arbitration initiated by OM Heals, OM Heals will pay all JAMS fees and costs.You and OM Heals agree that the state or federal courts of the State of California and the United States sitting in San Diego County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms, our Matching Services or products or services purchased through our Matching Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and OM Heals will not have the right to assert the claim.
You have the right to opt out of binding arbitration withinthirty (30) days of the date you first accepted the terms of this Section 11 by emailing us at useromheals@gmail.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, youare agreeing to resolve Disputes in accordance with Section 16 of these Terms.
12. General Consent to Electronic Communications
You consent tor eceive communications from us whether required by law or otherwise, either bye-mail (if you have provided us with your e-mail address), or any other form of communication you have consented to, or by notice posted on www.om-heals.comas determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us inw riting is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us. Notwithstanding your indicated email marketing preferences, we may send you administrativeemails regarding OM Heals, including, for example, order confirmations or information about Matching Services you have purchased as well as notices ofupdates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond toa question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy orthese Terms, any User Content you provide or in relation to customer service issue.Text messagesOM Heals may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contacty ou using your phone or mobile number with an automatic telephone dialing system(ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or Matching Services.
13. Cancellations
To avoid forfeiture of the full amount paid, you must cancel or reschedule your session or service at least 24 hours before the scheduled start of the session or service. Otherwise, services and sessions are not refundable. If you cancel your session or service less than 24hours before it is scheduled to take place, you will be charged a cancellation fee equal to the full price of the service or session. Cancellations may only be made by contacting your provider directly. We are not responsible for processing cancellations.
14. Refunds
All requests for a refund must be submitted within 48 hours after the scheduled start of the service or session. No refunds are available if a request for a refund is made more than 48 hours after the scheduled start of a session. Requests for a refund must be made in writing to useromheals@gmail.com with the subject line “Refund Complaint.” Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.
15. Miscellaneous
These Terms constitute the entire agreement between you and OM Heals relating to your access to and use of our Matching Services. The failure of OM Heals to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of theseTerms are intended to be severable. If for any reason any provision of theseTerms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
16. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods or services. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the MatchingServices, will be in San Diego County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in San Diego County, California.
17.Contact Us
If you have any questions about these Terms, contact us via email at useromheals@gmail.com.
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