Effective Date: April 20, 2022

Last Updated Date: April 20, 2022

Terms of Use

Ours Wellness, Inc. (“Ours Wellness” or “Us”) and you (“You” or “User”) agree that that the terms of use (the “Terms of Use”) set forth herein govern your use and access to our services and website www.withours.com, including any mobile or social media platforms (collectively, the “Site”), as well as the services and/or products (the “Services”) available to users through the Site.

PLEASE READ THESE SITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE OR OUR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

Certain features, products, or software that you use, purchase, or download through the Services may be subject to additional terms and conditions presented to you at the time that you use, purchase, or download them.

PLEASE NOTE THAT THE TERMS OF US ARE SUBJECT TO CHANGE BY OURS WELLNESS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms of Use available on the Site. Please check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

  1. User Accounts.
    1. ****You (the “User”) may be required to register and create an account to access certain features of the Services (the “User Account”). When you set up an User Account, you must provide us with information about yourself in the applicable registration form, including your name, and contact information (collectively, “Account Credentials”). You will also be required to log in using your username and password. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. We reserve the right to reject your Account Credentials and deny you access to the Site at any time, for any reason, in our sole discretion. You are responsible to protect your username and password and be responsible for all activity through your User Account, whether authorized by you or not. If someone accesses our Site using Account Credentials that we have issued to you, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Site. You are solely responsible for any and all use of your User Account and all activities that occur under or in connection with your Account Credentials.
  2. Our Services.
    1. Overall. Users can purchase a program, which includes a private consultation with a coach for coaching purposes followed by several weeks of self-directed content. Please see our privacy policy below for further information on our treatment of personal information.
    2. No Professional Medical, Psychological, Therapy or Other Clinical Advice; Informational Purposes Only. OUR SITE AND SERVICES SHOULD NEVER BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS OR INSTANCES WHERE SOMEONE MAY BE DANGER OR REQUIRE IMMEDIATELY ASSISTANCE. IF YOU ARE EXPERIENCING ANY KIND OF EMERGENCY, YOU SHOULD CALL 9-1-1 IMMEDIATELY. The content of the Site and the Services is for informational purposes only.  It does not constitute or render professional medical, psychological, therapy, counseling, or other clinical advice, diagnosis, treatment, or recommendations or decisions of any kind by Ours Wellness. Ours Wellness is not a medical professional, psychologist provider, therapy provider, or other licensed clinical provider, but works with relationship coaches to lead coaching and/or workshop sessions for general information purposes only. To the extent any of our coaches maintain professional licensure (e.g., therapist licenses), they do not act in such capacity when providing Services through our Site and do not otherwise provide any such professional services on our behalf. As such, Ours Wellness does not make any representations or warranties about the training or skill of any coach who provides information or communications via the Site or Service. All information provided by Ours Wellness, or in connection with this Site and/or Services, is intended to be for general information purposes is in no way intended to create a physician-patient, psychologist-patient, therapist-patient, or other similar provider-patient relationship as defined by applicable law. The Services provided by Our Wellness is not a substitute or replacement for any licensed clinical services.  You should always seek the advice of your chosen health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions, and always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. Ours Wellness does not recommend or endorse any specific tests, health care professionals, medications, products, or procedures. Never disregard, avoid, or delay in obtaining any professional clinical advice from a qualified health care professional because of information you receive through our Service. You acknowledge that your reliance on any information or communications delivered or provided by a coach through our Site or Service is solely at your own risk.
    3. We are not an In-Network Provider with Insurance Plans. We are not an in-network provider with, and do not otherwise accept payment for our Services from, any health or other insurance plans. Since our Services are for informational purposes only, it may not be a covered benefit under any insurance policy.
  3. Modification and Termination.
    1. ****You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Site or any part of the Services at any time, for any reason, in our sole discretion. We also reserve the right, at any time, to modify the Services or to modify, suspend, or discontinue the Site, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of the Site.
  4. Use of Platform and Ownership
    1. Our Content & Platforms. You understand and acknowledge that the content, information, products, documentation or other materials on the Site (including the Site and any software, interfaces or designs thereof), and any trademark, copyright and other intellectual property rights, including, without limitation is: (a) subject to other intellectual property and proprietary rights and laws, including copyright and trademark; and (b) owned by us. Our Platform may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Platform. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Platform or to obtain access to Our Platform except as generally and ordinarily permitted through the Site, according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a right to use our trademarks.
    2. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Ours Wellness regarding the Site or Services is intended for our use, and that Our Wellness may use, adapt and fully exploit any such input without restriction without any obligations to you or confidentiality, even after you cease use of Our Platform.
    3. Restrictions. The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Platform or any portion thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or Our Platform (including images, text, page layout or form) of Ours Wellness; (c) you shall not use any metatags or other “hidden text” using Ours Wellness’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Our Platform, except to the extent the foregoing restrictions are expressly prohibited by applicable law, or otherwise gain unauthorized access to any part of Our Platform by hacking, password “mining,” or any other illegitimate means; (e) you shall not access Our Platform in order to build a similar or competitive application or service; and (f) you shall not use the Site unless you are at least 18 years of age and can form legally binding contracts under applicable law.
  5. Online Payments.
    1. ****The Company uses Stripe, Inc. and its affiliates as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”). By purchasing our Services, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize the Ours Wellness and Stripe to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions.
  6. Indemnification.
    1. ****You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Ours Wellness and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, coaches, agents, licensors, service or third party providers, subcontractors, suppliers, and investors from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Services.
  7. Disclaimer of Warranties.
    1. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES AND OUR PLAFORM IS AT YOUR SOLE RISK, AND THE SERVICES AND OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OURS WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE APPLICATION. OURS WELLNESS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.
    2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OURS WELLNESS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
    4. YOU ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY; (2) OURS WELLNESS DOES NOT PROVIDE ANY PROFESSIONAL MEDICAL, PSYCHOLOGICAL, THERAPY, COUNSELING, OR OTHER CLINICAL SERVICES OR ADVICE AND SHALL NOT BE USED AS A SUBSTITUTE OR REPLACEMENT FOR SUCH PROFESSIONAL SERVICES OR ADVICE; (3) YOU SHOULD NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING ANY PROFESSIONAL CLINICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION YOU RECEIVE FROM OUR SERVICE; AND (4) YOUR RELIANCE ON ANY INFORMAITON OR COMMUNICATIONS DELIVERED OR PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
    5. THE SERVICES SHALL NOT BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS OR INSTANCES WHERE SOMEONE MAY BE DANGER OR REQUIRE IMMEDIATELY ASSISTANCE. IF YOU ARE EXPERIENCING ANY KIND OF EMERGENCY, YOU SHOULD CALL 9-1-1 IMMEDIATELY.
    6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OURS WELLNESS OR THROUGH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  8. Limitation of Liability
    1. DISCLAIMER OF CERTAIN DAMAGES.  TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OURS WELLNESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICES, INCLUDING LOST PROFITS, WHETHER OR NOT OURS WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PLATFORM ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
    2. CAP ON LIABILITY.  TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, UNDER NO CIRCUMSTANCES WILL OURS WELLNESS BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO USE THE SERVICE THAT GIVES RISE TO THE UNDERLYING CLAIM OR (B) FIFTY DOLLARS ($50).
    3. BASIS OF THE BARGAIN.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OURS.
  9. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Ours Wellness and limits the manner in which you can seek relief from us.
    1. Definition. For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms (such as with respect to their validity or enforceability), the Services, your (or anybody else’s) access to and/or use of the Services, and/or the provision of content, Products, Services, and/or technology on or through the Site. Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
    2. Applicability of Arbitration Agreement. You agree that any Dispute will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Ours Wellness may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms of Use (or any prior version of these Terms of Use).
    3. IF YOU AGREE TO ARBITRATION WITH OURS WELLNESS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST OURS WELLNESS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE OURS WELLNESS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
    4. Arbitration Rules. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879. Payment of all filings, administration and arbitration fees will be governed by the AAA Rules. The decision from the arbitration will be in writing and binding and conclusive on Ours Wellness and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Ours Wellness and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator(s) must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Ours Wellness and you understand that, absent this mandatory arbitration provision, Ours Wellness and you would have the right to sue in court and have a jury trial. Ours Wellness and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
    5. Arbitration Forum. You or Ours Wellness may choose to pursue a claim in small claims court where jurisdiction and venue over you and Ours Wellness otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Ours Wellness 30-day advance notice by email to [email protected] and by U.S. Mail to 1220 Blalock Rd, STE 300, Houston, TX 77055.
    6. Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Ours Wellness.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
    7. 30-day Opt Out. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Ours Wellness by email to [email protected] AND by U.S. Mail to 1220 Blalock Rd, STE 300, Houston, TX 77055. The notice must be sent within 30 days of your first use of any of the Site. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Ours Wellness will not be bound by these provisions either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
    8. Waiver of Jury Trial. YOU AND OURS WELLNESS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Ours Wellness are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise in this Section 10.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    9. Severability. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York. If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
    10. Waiver of Class Action. This Waiver of Class Action section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Ours Wellness, or any employee, officer, director, or investor of Ours Wellness, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
    11. Survival. This Arbitration Agreement will survive the termination of your relationship with Ours Wellness.
    12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Ours Wellness makes any future material change to this Arbitration.
  10. General Provisions.
    1. Laws. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and us will be governed by the laws of the New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.  Any legal action, suit or proceeding arising out of or relating to the Terms of Use or your use of the Site that are not subject to Section 11 must be instituted exclusively in the federal or state courts located in New York, and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.  These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. These Terms of Use along with the agreements referenced in these Terms of Use constitute the entire agreement between you and us with regard to the matters described above. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms of Use to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, Ours Wellness’s records shall be conclusive in all respects.
    2. Force Majeure. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, epidemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
    3. Severability. These Terms of Use constitute the entire agreement between you and Ours Wellness with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ours Wellness with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Ours Wellness, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Ours Wellness, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Ours Wellness, and its affiliates.

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