Terms of Membership
Effective Date: November 13, 2023
By engaging in the purchase or utilization of a Membership, as defined below, you hereby consent to the terms and conditions outlined herein (collectively referred to as the “Membership Terms”). These terms act as a supplementary component to and constitute a part of the overarching Terms of Use. Any capitalized terms not explicitly defined herein hold the meaning ascribed to them in the Terms of Use.
A “Member” or “Membership Holder” encompasses any individual with access to a subscription and/or Membership, which includes, but is not limited to, a free trial, or one who covers the subscription fees associated with a Membership. This covers instances where an individual pays the subscription fees with a prepaid, gift, or promotional activation code (“Activation Code(s)”). It’s important to clarify that all Members bear responsibility for any individuals and their activities accessing their Member account and/or Membership. A “Membership” is a subscription that renews either on a monthly or annual basis, affording Members access to our Services. Members are restricted to utilizing Memberships for personal, non-commercial purposes and are prohibited from sharing their login credentials.
Membership Age Requirement
Certain content on our Platform may not be suitable for children. USAGE OF OUR SERVICES IS NOT ALLOWED FOR CHILDREN UNDER THE AGE OF 13. To become a Member, you must be at least 13 years old. If you are a parent or legal guardian of a Member under 18 years old, you are bound by the Terms of Use, which include these Membership Terms, and are responsible for overseeing that Member’s activity on our Platform by permitting their use of it. We highly recommend that you acquaint yourself with our Platform and Services before allowing your child to use them, as many of our programs and offerings may not be appropriate for individuals under 18 years old.
Content Offerings: Please take note that the content and platform offerings available are subject to change without prior notice. We retain the right to modify, delete, or alter the offerings on our Platform and/or Services at our discretion. This includes updating, enhancing, modifying, removing, or altering any content or features of the Service and/or Platform. Your use of the Service following any changes implies your acceptance of those changes. It is your responsibility to provide your own access (e.g., computer, mobile device, internet connection) to the Platform. We hold no obligation to screen or monitor content, and we do not guarantee the suitability or continued availability of any content on the Platform or as part of the Service for all users or durations of time.
Account, Billing Cycles, and Auto-Renewal: Memberships recur on a monthly or annual basis at the prevailing price until canceled per these Membership Terms. You will receive advance notice of any price changes, and billing occurs at the start of the Membership cycle. We reserve the right, within the bounds of applicable law, to unilaterally increase prices, with such increases taking effect at the subsequent renewal. Upon purchasing a Membership, you acknowledge its recurring payment features and assume responsibility for all recurring payment obligations. Refunds are not issued unless mandated by applicable law. You are responsible for maintaining up-to-date billing and account information, subject to our Privacy Policy. Prompt notification to us or our payment processors is mandatory in case of payment method cancellation (e.g., loss or theft) or potential security breaches like unauthorized disclosure or use of your credentials.
Other Offers: Periodically, we may present promotions or discounts related to Memberships. Pay close attention to the specific terms accompanying these offers during the signup process, as they become integral to these Membership Terms. Unless explicitly stated in writing, all discount offers requiring payment are non-refundable, including but not limited to annual and gifted subscriptions. Trials or promotions must be utilized within the specified timeframe; failure to cancel before trial expiration results in conversion to a paid Membership, subject to these Membership Terms.
Prepaid, Gift, and Promotional Activation Codes: Opportunities may arise for prepaying for one or more months of Membership or activating Membership with an Activation Code featuring a predetermined prepaid period. Upon the conclusion of a prepaid period, Membership automatically continues on a month-to-month or annual basis at the non-promotional price, unless canceled before renewal and to the extent allowed by applicable law. Activation requires completing registration, providing necessary information, and compliance with the Terms of Use, including these Membership Terms. Activation Codes lack cash value, cannot be bought or sold, redeemed for cash, credit, or any other monetary value, nor used to settle debts. They may not be assigned, transferred, traded, or pledged to third parties, except as expressly authorized by us.
Membership Cancellation: Termination of your Membership ensures non-renewal post the current billing cycle. No prorated refunds for the then-current Membership period are granted, with specific cancellation and refund rights provided for certain Canadian residents as required by law. If Membership was initiated via an application store (e.g., Apple, GooglePlay), cancellation must occur through the relevant App Store. Billing, cancellation, and refund queries related to these payments are directed to the respective App Stores. Account cancellation is possible at any time, with an unsuccessful renewal leading to temporary suspension of access to paid features. Account deletion is not automatic, and information is retained during suspension until a valid payment method is provided. For account-related concerns, contact us at info@theomhome.com
Suspension/Termination by Us
We retain the authority to promptly suspend or terminate your account, along with all or a portion of your Membership or Platform access, without prior notice, in the following circumstances:
- In the event of overdue payment (with reasonable efforts made to notify you before termination or suspension).
- If you provide false or inaccurate information.
- Violation of these Membership Terms, the Terms of Use, or any other prevailing company rules or agreements.
- Engagement in conduct violating applicable laws or tariffs, including copyright and intellectual property laws.
- Participation in threatening, abusive, or harassing conduct towards company employees, agents, or other users, such as making threats of physical harm or property damage.
Upon termination or suspension of your Membership or Platform access, your license to use associated software or content is likewise terminated or suspended. In the event of Membership or Service termination, we reserve the right to immediately delete all stored data, files, and other information in your account without further notice. You are obligated to settle all charges up to and including the termination date. Resumption of Membership after suspension may incur a restoration of service fee, covering past-due charges and other fees.
Billing Amount
Members agree to pay the specified fee upon Membership purchase, inclusive of applicable taxes and charges. If the charged amount differs from the pre-authorized amount (excluding changes in applicable sales tax), Members have the right to receive notice of the revised amount and charge date before the scheduled transaction, unless applicable law necessitates express Member consent to the price change.
For Members purchasing via our Platform, prices are displayed in United States Dollars (“USD”). Your bank or credit card processor will convert the subscription price from USD to your local currency (if not USD) at their determined exchange rate, with additional taxes and fees possible. If purchasing via an App Store, prices are shown in local currency, determined by the App Store at a fixed rate based on our USD Membership price. Additional taxes and fees may apply for purchases through the App Store.
Your agreement with the payment provider governs the use of the specified payment method. We may aggregate charges and submit them during or at the end of each billing cycle. Failure to terminate and/or continued Membership use affirms our authorization to charge you. Charges may be submitted for payment, and you are responsible for such charges, without waiving our right to seek payment directly from you.
Billing Authorization
In the process of activating your Membership, you may be requested to furnish a payment method, such as a credit, charge, or debit card number, along with additional payment details, including Memberships paid for with an Activation Code. By providing such information, you affirm that you possess the legal right to use the specified payment method(s). The authorizations granted in this section extend to our payment processors and other entities serving as billing agents on our behalf. With this authorization, you grant us the right to charge your designated payment method on a monthly or annual basis, as applicable, in alignment with your Membership cycle, in advance, for your Membership(s), or to place a hold on your payment method for any outstanding charges related to your Membership(s). You also authorize the issuer of your selected payment method to settle the described amounts without necessitating a signed receipt. These Membership Terms serve as your authorization to the payment method issuer to fulfill the described payments without requiring a signed receipt from you. You grant us ongoing authorization to attempt charges and/or place holds for all sums detailed herein, or any portion thereof, to your payment method until such amounts are settled in full. You agree to furnish updated payment information upon request and acknowledge that we bear no liability for any insufficient funds or other charges resulting from attempts to charge and/or place holds on your specified payment method, as envisioned by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize the application of all charges described herein to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors
You commit to remit payment to us, facilitated by our payment processors, for all charges at the prevailing prices for any purchase, as per the applicable payment terms presented during the purchase. Payment is to be made using the payment method you specify when setting up your account. We retain the right to rectify or instruct our payment processors to correct any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds
In case of a billing error for your Membership, notify us within 60 days of the billing date by reaching out to Member Support at info@theomhome.com Requests for refunds concerning Memberships purchased via an App Store should be directed to the relevant App Store, as we lack control over the payment collection, cancellation process, or refund procedure for App Stores. Refunds or credits will not be issued after the expiration of this 60-day period, except where mandated by applicable law.
Terms of Use
Last Updated: November 13, 2023
IMPORTANT: PLEASE CAREFULLY REVIEW THIS LEGAL DOCUMENT.
Welcome to HOME OM LLC (referred to as “we,” “our,” or “us”)! We provide an online fitness community, classes, and associated products, services, content, and features (collectively known as our “Services”) through various platforms, including our website (www.theomhome.com), mobile applications (iOS and Android), and our controlled social media pages (Facebook, Instagram, TikTok, Spotify, and X – formerly known as Twitter) collectively referred to as our “Platforms.”
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
These Terms of Use include a binding arbitration agreement and class action waiver. Please read carefully, including your right, if applicable, to opt out of arbitration. Except for certain disputes outlined below or where prohibited by law, by accepting these terms, you expressly agree that disputes between you and us will be resolved through binding, individual arbitration. You hereby waive your right to participate in a class action lawsuit or class-wide arbitration.
By using our Services or accessing our Platforms, you agree to be legally bound by these Terms of Use and our other documented policies and terms. If you fail to comply with these terms, we reserve the right, if applicable, to terminate your password, Member account, and/or access to our Platforms and/or Services, or any part thereof. We may, at our sole discretion and without prior notice or liability, discontinue, modify, or alter any aspect of our Platform and/or Services, including restricting or terminating any user’s right to use the Services or removing existing content and/or offerings. Any termination or cancellation of your access to, or use of, the Services may be affected without prior notice. Failure to abide by these Terms allows us to immediately deactivate or delete your Member account and related information and files, or bar any further access to such information and/or files or our Services. We shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of our Services. If you disagree with these Terms, you may not access or use our Service.
CHANGES TO TERMS:
By using our service after any changes, you agree to accept those changes.
INTELLECTUAL PROPERTY
We uphold the intellectual property rights of others and expect our users to do the same. Users are accountable for ensuring that their Member Content does not violate any third party’s rights or intellectual property rights. If you believe that the Service or any Content infringes on your copyrights or other intellectual property rights (or those of others), please inform us.
The trademarks and logos visible on our Platforms and/or within the Services are, unless explicitly stated otherwise, trademarks owned by or licensed to us. Usage of these trademarks is restricted. It is your responsibility to ensure that your content does not infringe upon any third party’s copyrights, trademarks, or other intellectual property rights.
Between you and us, we own the Service, Platforms, Trademarks (as defined below), copyrights, patents, and all other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials, and information displayed on or made available through our Platform and Services. This encompasses all intellectual property and proprietary rights. The Service is intended solely for your personal, non-commercial use.
Our name, logos, affiliated properties, designs, trademarks, service marks, trade names, and trade dress (collectively, “Trademarks”) are exclusively owned by us and/or our affiliates, whether registered or unregistered. These may not be used in connection with any product or service not affiliated with us, or in any way that may cause confusion about our endorsement, affiliation, or sponsorship. Nothing in the Service or these Terms should be construed as granting, by implication or otherwise, any license or right to use our Trademarks or other intellectual property without our express written consent. All rights not expressly granted in these Terms are reserved.
Use of Site Material. The contents of the Platform and Services, including text, graphics, images, multimedia, and other content (the “Platform Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Platform Material violates copyright, trademark, and other laws. You agree not to remove or alter any copyright, trademark, or other proprietary notices contained in the original Website Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Platform Material or reproduce, display, distribute, or otherwise use it for any public or commercial purpose, or reverse-engineer, disassemble, or derive the source code for any Platform Material. Additionally, you shall not use the Platform or Platform Material for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform, or interfere with anyone else’s use and enjoyment of the Service. Specifically, you may not attempt to gain unauthorized access to the Platform through hacking, password mining, or any other means. Use of the Platform Material on any other website or in a networked environment is prohibited. We maintain ownership of all Platform Material, including, without limitation, all intellectual property rights.
We retain all right, title, and interest in and to The OM Home Intellectual Property, and apart from the limited rights and licenses granted under these Terms, nothing shall be construed to restrict, impair, encumber, license, alter, deprive, or adversely affect The OM Home Intellectual Property, or any of our rights or interests therein.
Unless expressly permitted by us, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell, or otherwise exploit any of The OM Home Intellectual Property. Additionally, you are not allowed to alter, delete, or conceal in any manner any copyright, trademark, or other notices contained on the Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the Service. Any unauthorized or prohibited use of any of The OM Home Intellectual Property may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
Only we and our authorized licensees may use of The OM Home Intellectual Property and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose. Any unauthorized use of our Trademarks or The OM Home Intellectual Property is strictly prohibited.
HEALTH AND FITNESS DISCLAIMER:
Our Platform offers health, fitness, and nutritional information for educational purposes only. This information is not a substitute for professional medical advice, diagnosis, or treatment. Consult with a physician or other health-care professional for concerns or questions about your health. Do not disregard, avoid, or delay medical or health-related advice based on information obtained from this site. Use any information provided, including workouts on this site, at your own risk. Use of this Website, www.theomhome.com, is subject to the Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Check these Terms & Conditions periodically for changes.
By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, do not use this Website.
GENERAL DISCLAIMER:
Our Platform offers health, fitness, and nutritional information for instructional purposes only. Do not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. Consult with a physician or other health-care professional for concerns or questions about your health. Do not disregard, avoid, or delay medical or health-related advice based on information obtained from our Platform. Use of any information provided on our Platform, including workouts, is at your own risk.
Consult your physician or healthcare professional before starting any fitness, breathing, or nutrition program to determine its suitability for your needs. This is particularly important if you (or your family) have a history of high blood pressure or heart disease, have ever experienced chest pain when exercising, or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be exacerbated by a change in physical activity. Do not start any programs if advised against it by your physician or healthcare provider. Stop immediately if you experience faintness, dizziness, pain, or shortness of breath during exercise or breathwork. Not all programs are suitable for everyone. Consult your physician or health care specialist before engaging in any practices, exercises, or breathwork in our programs or changing your nutrition regime, especially if you have any chronic or recurring physical conditions, or if you are pregnant, nursing, or elderly. The instruction presented in our classes or content is not a substitute for medical advice or counseling.
You affirm that either:
Either, (A) All of the following statements are true:
- no physician or general practitioner has informed you of a heart condition or recommended specific physical activities; you have not experienced chest pain during physical activity; you have not experienced chest pain without physical activity in the past month; you have never lost balance due to dizziness, nor lost consciousness; you do not have a bone or joint problem worsened by a change in physical activity; your physician or general practitioner is not prescribing drugs for your blood pressure or heart condition; you have no history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and you know of no other reason you should not exercise;
Or (B) your physician or general practitioner has approved your use of the Service after specific consultation.
If applicable, you further affirm:
you are not pregnant, breastfeeding, or lactating, unless your physician or general practitioner has specifically approved your use of the Service.
We reserve the right to refuse or cancel your Membership (as defined in the Membership Terms) if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
PARENTAL OR GUARDIAN PERMISSION
Certain content on our Platform may not be suitable for children. USERS UNDER 13 YEARS OLD ARE PROHIBITED FROM USING OUR SERVICES. Membership eligibility requires a minimum age of 13 years. If you are a parent or legal guardian of a Member under 18 years old, you are subject to these Terms and responsible for their Service activity. Familiarize yourself with our Platform and Services before allowing your child’s usage, as some programs may not be suitable for those under 18 years old.
LICENSE TO USE THE SERVICE
Subject to your adherence to these Terms and for as long as you are permitted by us to access and use the Service, we grant you a limited, non-transferable, non-exclusive, and revocable right and license to access and use the Service solely for your personal, non-commercial purposes. This right may not be assigned or sublicensed to any third party. The license encompasses the right to view Content (as defined below) available on the Service and to download one copy of the App onto a single device for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. This license will remain valid unless and until you violate these Terms or until this license is terminated by you or us.
Without express written permission from an authorized representative of ours, you may not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services and/or Platform. Moreover, you may not take any actions to interfere with or damage the Service and/or Platform. Unless otherwise specified, copying or modifying any Content or utilizing Content for any purpose other than your personal, non-commercial use of the Service, including, without limitation, using any such Content on any other website or networked computer environment, is strictly prohibited. All rights not explicitly granted by us in these Terms are reserved.
SECURITY
You are accountable for all activities conducted under your account, encompassing, but not restricted to, actions by unauthorized users. Sharing your username and password with third-party applications for any purpose, or permitting others to use your account, is strictly prohibited. It is essential to maintain the confidentiality of your password, and if you are using a shared device, log out of your account after each use. In the event of unauthorized access to your account, promptly change your password and notify our support team.
RENEWAL, REFUNDS, AND CANCELLATION
All paid Memberships will automatically renew monthly or annually at the prevailing price until canceled, as outlined in the Membership Terms. You will receive advance notice of any price adjustments.
Billing initiates at the beginning of the Membership cycle, providing access for one month or one year, as applicable. We reserve the right to adjust prices at our discretion, with the revised price taking effect at the next renewal period. By purchasing a Membership, you acknowledge the recurring payment features and assume responsibility for all obligations before Membership cancellation. The card used for subscription purchase will be charged at the term’s end unless updated before the renewal date.
Cancellation of your account is possible at any time, and access continues until the term concludes. Per the Membership Terms, no prorated refund is available for the ongoing Membership period, except as specified for certain Canadian residents or as required by applicable law. Refunds are not granted for forgotten cancellations. If Membership was initiated through an application store (e.g., Apple, GooglePlay, Roku, etc.), cancellation must occur through that App Store, as they handle related billing and inquiries.
Failure to process renewal payments may result in temporary account suspension, with no data loss. The account will remain suspended until a valid payment method is provided. For account-related inquiries, contact us at info@theomhome.com.
MEMBER CONTENT AND INTERACTIONS
“Content” refers to text, graphics, images, music, software, audio, video, works of authorship, and information or materials posted, generated, provided, or made available through the Service. “Member Content” encompasses any content provided by users, including yourself, for availability through the Service. This includes, but is not limited to, Member Content.
The individual originating the Member Content, whether publicly posted or privately transmitted, bears sole responsibility for it. You affirm that all Member Content submitted by you or on your behalf is accurate, complete, up-to-date, and complies with these Terms, as well as all applicable laws, rules, and regulations. Recognizing that all Content, including Member Content, accessed through the Service is at your own risk, you acknowledge sole responsibility for any resulting damage or loss to you or any other party. To the fullest extent permitted by law, we make no representations, warranties, or guarantees regarding any Content accessed through the Service.
Between you and us, you confirm ownership (or possessing all necessary rights to grant the below rights) of all Member Content submitted to the Service. You acknowledge that we do not require licenses from third parties or payment of royalties to third parties for the use of such Member Content. You grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and create derivative works from your Member Content for any purpose, commercial or otherwise, without compensation to you. Additionally, you waive any “moral rights” or rights of privacy or publicity in your Member Content. You also grant all Service users permission to view your Member Content for their personal, non-commercial purposes. If you provide suggestions, feedback, reviews, or testimonials about improving or adding features or products to the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based on, and exploit your input for any purpose (including marketing), without notice, compensation, or obligation to you.
You can delete your Member Content to remove it. However, in certain instances, some Member Content (such as posts or comments) may not be completely removed, and copies may persist on the Service. We are not responsible for the removal or deletion of your Member Content.
While we are not obligated to monitor access or use of the Service or Content, or review or edit Member Content, we retain the right to do so for operating purposes, ensuring compliance with these Terms, meeting legal requirements, and maintaining the integrity and reputation of our Service. We reserve the right, though not obligated, to remove or disable access to any Member Content, at any time and without notice, if we, at our sole discretion, deem the Member Content objectionable or in violation of these Terms. We also have the right to investigate violations of these Terms or conduct affecting the Service and may cooperate with law enforcement authorities to prosecute users who violate the law.
When interacting with other Members, exercise caution and common sense for your personal safety and property, as you would when interacting with unknown individuals. Any dealings with third parties found on or through the Service, such as payments, deliveries, meet-ups, donations, fundraisers, and associated terms, are solely between you and the third party. We are not responsible or liable for any losses, damages, injuries, or other matters resulting from such dealings. Additionally, be aware that we are not responsible for lost or stolen items during visits or classes at our studios.
General Restrictions and Our Authority to Enforce. You agree not to engage in any of the following activities:
- Post, upload, publish, submit, or transmit any Member Content or participate in any behavior that:
a. Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
b. Violates or promotes conduct that breaches any applicable law or regulation or leads to civil liability.
c. Is fraudulent, false, misleading, or deceptive.
d. Is defamatory, obscene, pornographic, vulgar, or offensive.
e. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
f. Is violent or threatening, or promotes violence or actions that are threatening to any person, animal, or entity.
g. Exploits minors or promotes illegal or harmful activities or substances.
- Download and/or install any third-party software and/or application on any of our hardware (excluding assistive technologies necessary for your personal use of the Service, such as screen-readers) that is not expressly permitted by us in writing.
- Use, display, mirror, or frame the Service or any individual element within the Service, our name, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
- Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, our providers, or any other third party (including another user) to protect the Service or Content.
- Bypass any territorial restrictions, including IP address-based restrictions applied to the Service.
- Attempt to access, scrape, or search the Service or Content or download Content from the Service, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons, or the like), other than the software and/or search agents provided by us or other generally available third-party web browsers.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
- Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logos, URLs, or product names without our express written consent.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or use the Service or Content to send altered, deceptive, or false source-identifying information.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or Content.
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
- Copy, use, index, disclose, or distribute any information or data obtained from the Service, whether directly or through third parties (such as search engines), without our express written consent.
- Alter, replicate, store, distribute, or create derivatives from the Content available via the Service except as expressly permitted in writing by us.
- Impersonate or misrepresent your affiliation with any person or entity, including, but not limited to, using someone else’s name, likeness, image, or public profile information as part of your Member profile.
- Access, use, or exploit the Service in any manner (other than as expressly permitted by these Terms), including building, developing (or commissioning the development of), replicating, or consulting upon any product or service that may
- 19. Violate any applicable law or encourage / enable anyone else to do any of the above
LINKS
Within this Platform, you may encounter links directing to websites owned or managed by third parties. These links and the content on these external websites are presented for your convenience and do not signify an endorsement from us. We hold no responsibility for the content found on linked websites and make no assurances regarding the accuracy or substance of materials on such sites. If you choose to visit third-party websites through links provided on this Platform, you do so at your own risk. You acknowledge and agree that we bear no responsibility or liability, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with accessing or using any of the links, content, goods, or services available on or through these third-party sites.
NO WARRANTIES
We retain the right to adjust the Services, including, but not limited to, updating, adding, enhancing, modifying, removing, or altering any Content or features of the Service and/or Platform, at any time, based on our sole discretion. It is your responsibility to ensure your own access (e.g., computer, mobile device, internet connection, etc.) to the Service. We have no obligation to screen or monitor any Content and do not guarantee that any Content available on the Service is suitable for all users or that it will remain available for any specific duration.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Therefore, your use of the Service is at your own risk. Except as expressly provided in writing by us in connection with your purchase of a product, we expressly disclaim any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:
That the Service is or will be permitted in your jurisdiction; That the Service will be uninterrupted or error-free; Concerning any Content, including Member Content; Concerning any third party’s use of Member Content that you submit; That the Service will meet your personal or professional needs; That we will continue to support any particular feature of the Service; or Concerning sites and resources outside of the Service, even if linked to from the Platform. To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
WE DO NOT WARRANT THAT THIS PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THIS PLATFORM OR THE PLATFORM MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS PLATFORM AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE PLATFORM OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, OR DIRECTIONS CONTAINED IN THE PLATFORM MATERIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
INDEMNIFICATION
You commit to indemnify, defend, and safeguard us, as well as our principals, directors, officers, employees, and agents, against all claims, damages, losses, and costs arising from or connected to:
- Your actions taken on the Platform,
- Any Member Content submitted by you or on your behalf, or
- Your breach of these Terms.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSEES, AGENTS, PROMOTIONAL PARTNERS, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OR INABILITY TO USE THE PLATFORM, PLATFORM MATERIALS, OR WEBSITES LINKED TO THIS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US OVER THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM FIRST AROSE.
If you reside in a jurisdiction that does not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. Remaining aspects survive to the extent that one or any aspect of our limitations set out above does not apply. The exclusions and limitations of damages described above are fundamental elements of the agreement between us and you.
ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
Mandatory Arbitration of Disputes. Both parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, Content, or our products, equipment, apparel, or accessories (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this section, and not in a class, representative, or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and you are foregoing the right to a trial by jury or participation in a class action. This section shall remain in effect after the termination of these Terms.
Exceptions and Opt-out Option. The following exceptions apply to this section:
- Either party may seek to resolve an individual Dispute in small claims court if it qualifies.
- Either party may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of their respective intellectual property rights.
- You can choose to opt out of arbitration entirely and litigate any Dispute individually by providing us with a signed, written notice of your decision to do so pursuant to these Terms. However, if you are opting out of an updated version of this arbitration provision, you acknowledge that you will remain subject to the prior version of any arbitration provision to which you had agreed to previously.
INITIAL DISPUTE RESOLUTION: NOTICES
Prior to commencing any legal or arbitration proceedings, you commit to engaging in informal negotiations to resolve any dispute. To initiate this process, before proceeding with arbitration, you must dispatch a Notice Of Dispute (“Notice”) via certified mail to us at the provided address. The Notice should outline the nature and grounds of the dispute and the remedies sought. If the dispute remains unresolved for 45 days following our receipt of the Notice, either party may commence arbitration. For the purposes of these Terms, initiating arbitration involves submitting an arbitration demand (“Demand”).
240 E. 39th St. #32E NewYork, NY 10016
Your Notice to us must include the following details: (1) your complete name, address, username, and the email address linked to your account; (2) a thorough description of the dispute’s nature and basis; (3) the sought-after relief, including any monetary damages; and (4) your signature confirming the Notice’s accuracy, with authorization for us to share information about you with your attorney, if applicable.
Upon receiving your Notice, both parties will make a good-faith effort to resolve the dispute for an initial 60 days, extendable by mutual written agreement (“Informal Dispute Resolution Period”).
Arbitration Process and Rules. All arbitration must be initiated and conducted through National Arbitration & Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (collectively, the “NAM Rules”), except as altered by these Terms. In instances of inconsistency between the NAM Rules and these Terms, these Terms shall prevail. An arbitration Demand filed with NAM must include a certification confirming compliance with the Initial Dispute Resolution and Notification requirements, along with other conditions outlined in these Terms.
Mass Filing Procedures. BOTH PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH IS WAIVING THE RIGHT TO PARTICIPATE IN MASS ARBITRATION. Procedures for handling one or more Notices of substantially similar claims within a 60-day period (“Mass Filing”) are subject to the outlined additional steps. Claims within a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed in accordance with the steps below and subject to the NAM Mass Filing Rules (“NAM Mass Filing Rules”, accessible at https://www.namadr.com/resources/rules-fees-forms/”) unless contrary to these Terms. If a court deems this section unenforceable for your claim, your claim may proceed individually in court, consistent with these Terms.
Batching: Claims deemed a Mass Filing, including yours, may be filed with NAM in batches of no more than 50 individual claims at once. Selection of 25 claims (or half the total if less than 50) by your counsel and 25 by us will govern the filing process once your claim is batched and authorized as a Demand. First (Bellwether) Batch: The initial batch of up to 50 Demands constitutes the Bellwether Arbitrations. If your claim is part of the Bellwether Arbitrations, you and we will collaborate with the assigned arbitrator to resolve it within 120 days of the initial pre-hearing conference. Stay of Filing of Other Claims: If your claim is not among those chosen for the Bellwether Arbitrations, it cannot be filed until it is assigned to a batch and authorized for filing in a later stage of this process. No arbitration fees will be levied on you or us for your claim until it is assigned to a batch and authorized for filing with NAM. Mediation: After completing the Bellwether Arbitrations, should your claim remain unsettled, you and we agree to mediate your claim, along with any other unresolved claims in the Mass Filing (“Global Mediation”). The mediator, chosen as per the NAM Rules, will be paid by us. The Global Mediation must conclude within 120 days of the mediator’s selection, unless mutually extended in writing between you and us. Election To Proceed in Court: If Global Mediation fails to resolve your claim, and 100 or more claims in the Mass Filing remain unresolved, you or we may opt out of arbitration and choose to have your claim settled in court according to these Terms. This election must be exercised within 45 days of Global Mediation’s completion. Sequential Arbitration of Remaining Batches: If neither you nor we opt out of arbitration, additional batches of no more than 50 individual claims will be selected from the Mass Filing. Your claim, if included in the next batch, will be filed with NAM, and you and we will cooperate with the arbitrator to resolve it within 120 days of the initial pre-hearing conference. This batching process will continue until all claims in the Mass Filing are resolved. No unbatched claim can proceed as a Demand until the prior batch is resolved. Tolling. For any claim subject to these Mass Filing procedures, the statute of limitations applicable to your claim will be tolled from the commencement of the Informal Dispute Resolution Period until the earlier of (1) the date your arbitration Demand is filed or (2) the date you or we opt out of arbitration according to these Terms. Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules.
Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This implies that you and we may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Regardless of this provision or any other language in these Terms, you or we may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Effect of Changes on Arbitration. Notwithstanding any provisions to the contrary in these Terms, if we alter any terms of this section after the date you initially accepted these Terms or subsequent changes, you can reject the new changes by sending us written notice, personally signed by you, within 30 days of the effective date of such change. The notice must be sent by certified mail to our legal team at the address specified in these Terms, indicating the later of (1) the “Last Updated” date of the Terms you wish to reject or (2) the date of our email notifying you of the change. Even if you reject a change, you will remain subject to the last version of the Terms you accepted concerning this section.
FORCE MAJEURE
We shall not be held responsible for any inability or delay in performing under these terms due to causes beyond our reasonable control, including, but not limited to, “acts of God,” government actions, flood, fire, civil unrest, acts of terror, strikes or other labor disputes, computer attacks, or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications, or hosting facility.
TERM; TERMINATION; AND EFFECT OF TERMINATION
Term. Commencing on the date of your initial use of the Service, these Terms will remain effective as long as you maintain an account with us and/or continue using the Service.
Termination. We reserve the right, at our sole discretion, to suspend, disable, or delete your account (or any part thereof) or block or remove any Member Content submitted by you, for any lawful reason, including if we determine that you have violated these Terms or that your conduct or Member Content could harm our reputation or goodwill. We may block your access to the Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms, all licenses granted by us will cease. The following sections endure termination: Member Content, Indemnification, No Warranties, Limitation of Liability, Intellectual Property, Arbitration Requirement & Class Action Waiver, and Miscellaneous Terms, along with all general provisions. In the event of account deletion for any reason, Member Content may no longer be accessible, and we are not accountable for its deletion or loss. If you cancel your Membership or it is terminated, you will lose access to all live and on-demand classes and other content or features provided through the Service. We may, at our sole discretion, offer a very limited amount of content or features to non-subscribers from time to time, and any use of that content is subject to these Terms.
MISCELLANEOUS TERMS
Successors; Assignment; No Third Party Beneficiaries. These Terms are binding on both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without our prior written consent. We may assign its rights, obligations, and/or these Terms at any time in its sole discretion without notice to you.
Governing Law and Jurisdiction. These Terms are governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods do not apply.
Severability. If any portion of this section is deemed void, invalid, or otherwise unenforceable, that portion shall be considered severable and, if possible, replaced by a valid, enforceable provision that aligns with the intent of the original provision as closely as possible. The remainder of this section and all other Terms & Conditions shall remain enforceable and valid.
Notices. You agree to receive all communications, including notices, agreements, disclosures, or other information from us electronically. We may communicate via email or by posting to the Service. For support-related inquiries, email info@theomhome.com For all other notices to us, write to The OM Home 240 E. 39th St. #32E New York, NY 10016.
Modification. We may revise these Terms at any time at our sole discretion. If we do so, we will inform you by posting the updated Terms on our website and/or through the Service. Modifications become effective on the date posted to our website. Review the Terms before using the Service after updates. If you continue use after posting, you agree to be bound by the updated Terms. If you disagree, you may not use the Service anymore.
Entire Agreement. These Terms incorporate the Membership Terms and policies on or within the Service. If conflicts arise, these Terms prevail. They constitute the entire agreement between us and you, superseding all prior agreements and understandings. If an arbitrator or court deems any provision invalid, the other provisions will remain valid.
