End-User License Agreement
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, accessing or using the Om Life Living Website www.omlifeliving.com (“Website”), or downloading or using the Om Life Living App ("App"). By clicking the "I Agree" button, accessing or using the Website, or downloading or using the App, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between users (“you”) and Whole In One International LLC d/b/a/ Om Life Living and its affiliates, subsidiaries, and parent companies (collectively, “Om Life Living”, “we”, “us”, or “our”) for the Website, App, and any associated software components (collectively, “Services”). Om Life Living Services are protected by copyright laws and international copyright treaties, as well other intellectual property laws and treaties. Om Life Living content (“Content”) on Om Life Living Services is licensed, not sold. Om Life Living reserves all rights not expressly granted to you herein.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and please do not use Om Life Living’s Services.
Last Updated April 14, 2020
Notice Regarding Physical Activity
Om Life Living’s Services include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Om Life Living is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of our Services, including any personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy that you may sustain as a result of use, or inability to use, the features of this App. By using our Services, you are representing and warranting that you have the full right to enter into this Agreement and have acquired all required permissions. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Om Life Living from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any features of Om Life Living Services.
All Content on our Services (including content generated by users) is owned by Om Life Living which includes intellectual property and materials protected by copyright, trademark, or patent laws. Om Life Living owns all trademarks, service marks and trade names and trade secrets. All Content on our Service, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of Om Life Living; All rights reserved.
Content Use Restrictions
Code of Conduct
In connection with your use of our Services, you acknowledge and agree that you will not:
1. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
2. impersonate any person or entity, including without limitation, an Om Life Living official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
3. post or transmit any material that contains a virus or corrupted data;
4. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
5. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
6. violate any applicable local, state, national or international law;
7. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. delete or revise any material posted by any other person or entity;
9. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Om Life Living Service if you are not expressly authorized by such party to do so; or
10. use the Website or App in any manner that could damage, disable, overburden or impair Om Life Living servers or networks, or interfere with any other user’s use and enjoyment of our Services.
Om Life Living reserves the right to terminate any user accounts, restrict use of all or any part of our Services, or block users from certain IP addresses or Device numbers and prevent access to our Services for violating our Code of Conduct.
Mobile Services for the App
The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Om Life Living’s App, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.
Disclaimer of Warranties
Om Life Living is not responsible or liable for any Personal Information posted on our Services or for any offensive, unlawful or objectionable content you may encounter on or through our Services. Om Life Living’s Website and App are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Om Life Living disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Om Life Living cannot guarantee and does not promise any specific results from use of Services. Om Life Living does not represent or warrant that our Services will be uninterrupted or error-free, that any defects will be corrected, or that our Services or the server that makes our Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, Om Life Living does not make any warranties or representations regarding the use of the materials or Content in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other Device in which you access the Website or App, loss of data or other harm of any kind that may result. Om Life Living reserves the right to change any and all Content and other items used or contained in our Services at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
OM LIFE LIVING SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE OUR SERVICES OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY PERSONAL INFORMATION, EVEN IF OM LIFE LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OM LIFE LIVING’S SERVICES. YOUR ONLY REMEDY AGAINST OM LIFE LIVING FOR USE OF SERVICES OR ANY CONTENT IS TO STOP USING OUR WEBSITE AND/OR APP. THAT SAID, IF OM LIFE LIVING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES OR ANY CONTENT, OM LIFE LIVING’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport Om Life Living Services to or use the Services in any such country.
By using our Services, you and Om Life Living agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). WE AND YOU EACH AGREE THAT, ANY AND ALL DISPUTES (AS, AND TO THE EXTENT, DEFINED BELOW), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. By using our Service in any manner, you agree to the hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and Om Life Living (except for matters that may be taken to "small claims" courts). You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Om Life Living (except for "small claims" courts) may be initiated only in the federal or state courts located in Middlesex County, New Jersey, United States of America. You hereby consent to the jurisdiction of those courts for such purposes.
Method of Arbitration
Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. ... you initiate arbitration, you shall have the choice as between these two arbitration forums; if Om Life Living initiates arbitration, it shall have the choice as between these two arbitration forums.
Either you or Om Life Living may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Om Life Living will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Class Action Waiver
By using the Services, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide or collective basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Om Life Living or any other person. You further agree that you, will not be a class representative, class member, or otherwise participate in a class, representative, collective, or consolidated proceeding against Om Life Living. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim with respect to the scope of an arbitrator’s authority, jurisdiction, or the validity, legality, enforceability, unconscionability, or applicability of this Arbitration Agreement and Class Action Waiver shall be decided by the arbitrator.
Definition of Dispute
For further information regarding these Terms of Service, please contact us at: firstname.lastname@example.org.