- User Accounts
- Our Services
- Informational Purposes Only
- We and Providers Who Render Services Through Our Site Are Not an In-Network Provider with Insurance Plans
- Modification and Termination
- Use of Platform and Ownership
- Consent to Electronic Communications
- Our Content and Platforms
- Online Payments
- Disclaimer of Warranties
- Limitation of Liability
- DISCLAIMER OF CERTAIN DAMAGES
- CAP ON LIABILITY
- BASIS OF THE BARGAIN
- Dispute Resolution
- Applicability of Arbitration Agreement
- Arbitration Rules
- Arbitration Forum
- Authority of Arbitrator
- 30-Day Opt-Out
- Waiver of Jury Trial
- Waiver of Class Action
- General Provisions
- Choice of Laws
- Entire Agreement
- Force Majeure
- Third Parties
Effective Date: April 20, 2022
Last Updated: December 5, 2023
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.
- User Accounts.
- Our Site generally has two types of users: a Provider and a Client. A Provider is a person providing counseling or support services using our Services, such as a therapist or a coach; a Client is a person visiting or using the Site to receive counseling or support services. Collectively, Providers and Clients are referred to as “Users” or “you.” Users may be required to register and create an account to access certain features of the Services (the “User Account”). When you set up a 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 for protecting your username and password and are 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. You should contact us immediately if you believe your Account Credentials are being used by someone else without your permission.
- Our Services.
- Informational Purposes Only. OUR SITE AND SERVICES SHOULD NEVER BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS OR INSTANCES WHERE SOMEONE MAY BE IN DANGER OR REQUIRE IMMEDIATE ASSISTANCE. IF YOU ARE EXPERIENCING ANY KIND OF EMERGENCY, YOU SHOULD CALL 9-1-1 IMMEDIATELY. The content of the Site and the Services are for informational purposes only. Ours Wellness is not a medical professional, psychologist provider, therapy provider, or other licensed clinical provider, but provides certain management and administrative services to Providers who use the Site to deliver their services. As such, Ours Wellness does not make any representations or warranties about the training or skill of any Provider who uses the Site. All information provided by Ours Wellness, or in connection with this Site and/or the Services, is intended for general informational purposes only and 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; such a relationship may only be established between a Client and a Provider. Clients should always seek the advice of their 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 health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication. 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 Services. Client acknowledges that your reliance on any information or communications delivered or provided by a Provider through our Site or Services is solely at your own risk.
- We and Providers Who Render Services Through Our Site 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. The service Client receives from a Provider might not be covered by any insurance policy.
- Modification and Termination. 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 your access to the Site.
- Use of Platform and Ownership
- Consent to Electronic Communications. When you provide us with your e-mail and/or phone number or communicate with us electronically via e-mail, text message, or messages via the Site, you consent to receive communications from us electronically through the number(s) or e-mail you provide. Therefore, you agree to promptly notify us if you change your contact information by updating this information in your account settings. If you later decide that you do not want to receive future communications electronically, please send an email to firstname.lastname@example.org. Even if you opt-out, we may need to continue to send you certain communications electronically regarding the Services, such as copies of your receipts or certain reminders. You will not be able to opt out of those communications.
- 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 Ours Wellness may use, adapt, and derive commercial benefit from any such input without restriction and without any obligations to you, even after you cease use of our Services or Site.
- Online Payments.
Monthly subscriptions will be charged one (1) month from the date of initial purchase. Annual subscriptions will be charged one (1) year from the date of the initial purchase. With respect to the purchase of individual sessions, the first purchase will be paid up front and subsequent purchases will be charged at least 24 hours prior to the start of the session. Clients will be charged the full session price for any session that is not cancelled or rescheduled at least 24 business hours in advance of the scheduled session start time.
If a Client cancels a subscription, they will not be charged for the next billing cycle, whether monthly or annual.
- Indemnification. 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, any of their officers, directors, employees, contractors, coaches, therapists, agents, licensors, third-party service 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 Site and the Services.
- Disclaimer of Warranties.
- AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND OUR PLATFORM 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 EXPRESSED 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 THE SERVICES WILL BE ACCURATE OR RELIABLE.
- 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 THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. OURS WELLNESS MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES.
- YOU ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND (2) OURS WELLNESS DOES NOT PROVIDE HEALTH CARE SERVICES OR MEDICAL ADVICE. PROVIDERS USING THE SITE TO PROVIDE ANY PROFESSIONAL OR OTHER SERVICES ARE SOLELY RESPONSIBLE FOR THE SERVICES EACH PROVIDES TO A CLIENT. EACH PROVIDER IS RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE, IF ANY. NEITHER OURS WELLNESS NOR ANY THIRD PARTIES WHO SUPPORT THE SERVICES OR PROVIDES YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OURS WELLNESS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability.
- 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 THE SERVICES, INCLUDING LOST PROFITS, WHETHER OR NOT OURS WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
- CAP ON LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, UNDER NO CIRCUMSTANCES WILL OURS WELLNESS BE LIABLE TO A CLIENT FOR MORE THAN (A) THE AMOUNTS PAID BY YOU TO USE THE SERVICE THAT GIVES RISE TO THE UNDERLYING CLAIM OR (B) FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
- BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OURS WELLNESS.
- 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.
- 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 qualify 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 still agree to provide Ours Wellness 30 days’ advance notice by email to email@example.com and by U.S. mail to 1220 Blalock Rd., Ste. 300, Houston, TX 77055.
- 30-Day Opt-Out. You have the right to opt out of 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 firstname.lastname@example.org 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 our Services. 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.
- 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 a 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.
- Waiver of Class Action. This Waiver of the 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 are a Dispute.
- Survival. This Arbitration Agreement will survive the termination of your relationship with Ours Wellness.
- General Provisions.
- Laws. You are responsible for compliance with all applicable laws.
If you have any questions, comments or complaints, you can contact us at email@example.com.
By mail: 1220 Blalock Rd., Ste. 300, Houston, TX 77055.