Effective September , 2020
Welcome to Sesh Wellness and the readysheshgo.com website (the “Site
”). Your access and use of the Site and features, products and services provided by Sesh Wellness, Inc. (“Sesh Wellness
,” or “our
”) through the Site, but excluding any products or services provided by Sesh Wellness under a separate written agreement, (collectively with the Site, the “Service
”).Supplemental terms apply to holistic healing service providers (“Providers
”). Supplemental terms are in addition to, and shall be deemed part of the Terms for purposes of the Service. In the event of a conflict between these Terms and any supplemental terms, the supplemental terms shall prevail.You must agree to these Terms to use the Service. If you use the Service, or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the Service. If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to these Terms. If you do not have such authority then you may not use the Service on behalf of your employer or such other entity and you must discontinue all use of the Service immediately.By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below.
Any controversy, allegation, or claim that arises out of or relates to the Site, these Terms or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute
”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute
”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
1. Changes to These Terms
2. Your Access to the Site
3. Permitted Use and Restrictions
4. Accounts and Fees
5. Booking and Reservations
9. Intellectual Property Rights
10. DMCA Notice
13. Submitted Content
15. Notice for California Residents Pursuant to CA Civil Code Section 1789.3
17. Warranty Disclaimer
18. Medical and Health Disclaimer
19. Limitation of Liability
21. Communication Between Us
22. Dispute Resolution
23. Other Important Terms
24. Contact Us
1. Changes to These Terms
a. We may update these Terms at any time, and we will post the updated version of these Terms to the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of these Terms then in effect, you must immediately stop using the Service.
2. Your Access to the Site
a. Internet Access.
When using the Site on your mobile, laptop, desktop or other device (your “Device
”), you acknowledge and agree that you are responsible for
(i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and
(ii) any Internet connection and telecommunications frees and charges that you incur.
b. Your Device.
Sesh Wellness is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.
c. No Guarantee.
Access to the Site may be suspended temporarily and without notice
(i) in the event of system failure,
(ii) for maintenance or repair,
(iii) where we reasonably suspect there has been a breach of these Terms,
(iv) for reasons reasonably beyond our control, or
(v) as otherwise explained in these Terms.
3. Permitted Use and Restrictions
a. License Grant.
Subject to the terms and conditions of these Terms, Sesh Wellness hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
b. Use Restrictions.
You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not:
(i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service;
(ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or
(iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Sesh Wellness in its sole discretion.
In order to access and use the Service or register an account you must be an individual at least 18 years or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws and able to enter into legally binding contracts. Individuals over the age of 13 but under the age of 18 may utilize the Service only with the involvement, supervision, and approval of a parent or legal guardian, under such parent or legal guardian’s account and otherwise subject to these Terms. Individuals under the age of 13 are not permitted to utilize the Service.
We may, but are not obligated to, monitor or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 20 (Termination
) below.e. Violation of these Terms
. You must not use (or permit a third-party to use) the Service:
(i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site;
(ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users;
(iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site;
(iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Service;
(v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or
(vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Sesh Wellness has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
4. Accounts and Fees
To access certain aspects of the Site, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Sesh Wellness will be correct, accurate and up to date.
You agree to pay all applicable fees and taxes incurred by you or anyone using your account. Sesh Wellness uses authorized third parties for the purposes of processing transactions (e.g., Stripe, Inc.). Unless otherwise noted, all currency references are in U.S. dollars and are exclusive of taxes and gratuity. Prices are subject to change without notice until a booking has been confirmed. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Sesh Wellness may, from time to time, modify, amend or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Sesh Wellness shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
c. Cancellation by You.
You have the right to cancel your account at any time. You may cancel your account by contacting us at the contact details in Section 24 (Contact Us
) at the end of these Terms. If you voluntarily terminate your account, you may be able to register for an account again at any time.
5. Booking and Reservations
a. Not a Provider; Assumption of Risk.
Sesh Wellness does not provide or own holistic healing services. Although Sesh Wellness displays information about Providers and facilitates reservations with those Providers, such actions do not in any way constitute Sesh Wellness’s sponsorship or approval of such Providers. Sesh Wellness does not endorse or recommend the products or services of any Providers, and you agree that Sesh Wellness is not responsible for the accuracy or completeness of information displayed on the Service with respect to such Providers. Sesh Wellness has no control over and does not guarantee the quality, safety, or legality of any holistic healing services performed, advertised, or offered by Providers or the ability or licensure of Providers. USERS ASSUME ALL RISK IN CONNECTION WITH THE HOLISTIC HEALING SERVICES BETWEEN PROVIDERS AND USERS, INCLUDING THE SAFETY AND CONDUCT OF ANY PRACTITIONER OR ANY USER. SESH WELLNESS SHALL NOT BE REPSONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE PROVIDER OR USER. SESH WELLNESS SHALL NOT BE LIABLE WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY PROVIDER.
If you book a reservation through the Service, you agree that you will be bound by the applicable Provider’s terms and conditions and any other applicable rules or policies of such Provider.
c. Modifications and Cancellation.
Any modification or cancellation of bookings made through the Service may be cancelled 24 hours before the scheduled booking without penalty. Any cancellations within 24, but more than two, hours before the scheduled booking are subject to a $25 cancellation fee. Any cancellations between one and two hours before the scheduled booking are subject to a $50 cancellation fee. No refunds are available beginning one hour before the booked activity has commenced. Providers may also cancel bookings made through the Service. If we are informed in advance by our Providers of a significant change to a booking, we will make a reasonable effort to notify you in order to modify or reschedule the booking where feasible.
If you choose, at your sole discretion, to purchase goods from us, you agree that, with your authorization, we may charge your credit card, or other chosen Payment Method the amount selected by you, and you understand that, all payments must be in U.S. dollars. Sesh Wellness uses authorized third parties for the purpose of processing your transactions, credit card authorization and shipping.
b. Product Availability.
The products displayed through the Service can be ordered and delivered only within the U.S. All prices displayed through the Service are quoted in U.S. dollars and are exclusive of taxes and delivery charges. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. Unless you are an authorized retailer, all products sold by or received from Sesh Wellness are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Sesh Wellness. Sesh Wellness reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Sesh Wellness in its sole discretion.
c. Product Returns
. You have 14 calendar days to return an item from the date you received it. Products eligible for return must be new, unused and in good condition, inclusive of all original packaging and components and accompanied by a proof of purchase.
a. Account Security.
Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Sesh Wellness immediately if you become aware of any unauthorized use of your password or of your account.
b. Account Sharing or Transfers.
Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.8. Links
a. Links from the Service.
The Service may contain links to websites operated by other parties (“Third-Party Sites
”). Sesh Wellness provides these links to Third-Party Sites as a convenience and use of the Third-Party Sites is at your own risk. The Third-Party Sites are not under the control of Sesh Wellness and Sesh Wellness is not responsible for the content available on the Third-Party Sites. Such links do not imply Sesh Wellness’s endorsement of information or material on any Third-Party Site and Sesh Wellness disclaims all liability with regard to your access to and use of such Third-Party Sites. Your use of Third-Party Sites are governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms
”). It is your responsibility to read and comply with Third-Party Terms.
c. Links to the Service.
Unless otherwise set forth in a written agreement between you and Sesh Wellness, you must adhere to Sesh Wellness’s linking policy as follows:
(i) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with Sesh Wellness’s or its licensors’ names and trademarks;
(ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Sesh Wellness; and
(iii) when selected, the link to the Service must display the Service on full-screen and not within a “frame” on the linking website, unless such “frame” is displayed using code provided by Sesh Wellness and used with Sesh Wellness’s approval. Sesh Wellness reserves the right to revoke its consent to the link at any time and in its sole discretion.
9. Intellectual Property Rights
The Sesh Wellness name and logo are trademarks and service marks of Sesh Wellness. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Sesh Wellness, protected by intellectual property laws. You acknowledge and agree that Sesh Wellness, and/or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Sesh Wellness has designated as confidential and you agree not to disclose such information without Sesh Wellness’s prior written consent. Nothing posted on the Service grants a license to any Sesh Wellness trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Sesh Wellness. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
10. DMCA Notice
a. Sesh Wellness has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Sesh Wellness or of a third party, or otherwise violated any intellectual property laws or regulations. Sesh Wellness’s policy is to investigate any allegations of copyright infringement brought to its attention.
b. Take-Down Notice:
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Sesh Wellness to delete, edit, or disable the material in question, you must provide Sesh Wellness with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:
● A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
● Identification of the copyrighted work (or works) claimed to have been infringed;
● Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Sesh Wellness to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly).
● Information reasonably sufficient to permit Sesh Wellness to contact you, including your address, telephone number, and e-mail address at which you may be contacted.
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
● A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.See
17 U.S.C 512(c)(3) for further information.
For this notification to be effective, you must provide it to Sesh Wellness’s Designated Agent, _____________, by email at firstname.lastname@example.org. You can also mail your DMCA request to: __________Sesh Wellness Inc. 138 N Laurel Ave Los Angeles, CA 90048
Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
If you fail to comply with all of the requirements above, your DMCA notice may not be valid and not be acknowledged. Once proper notice is received by the Designated Agent, it is Sesh Wellness’s policy:i. to remove or disable access to the infringing material;ii. to notify the content provider, member, or user that it has removed or disabled access to the material; andiii. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content providers’, member’s or user’s access to the service.
If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
● Your name, address, and telephone number; and
● A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
If a counter-notice is received by the Designated Agent, Sesh Wellness may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Sesh Wellness’s discretion.
a. The Service is operated by Sesh Wellness in the United States. If you choose to access the Service form a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
13. Submitted Content
a. Content of Communications.
Sesh Wellness is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using messaging features of the Service or any material submitted or made available through the Service via any function that allows a user to message, post, or share content (the “Submitted Content
”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that
(a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner;
(b) is false or is a misrepresentation;
(c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or
(d) impersonates another person. Sesh Wellness may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce these Terms. Further, Sesh Wellness may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.
b. Sesh Wellness does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Sesh Wellness a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Sesh Wellness’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 15 (Submitted Content
c. You acknowledge and agree that:
(i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk;
(ii) you are solely responsible for, and Sesh Wellness has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service;
(iii) Sesh Wellness does not guarantee any confidentiality with respect to your Submitted Content; and
(iv) Sesh Wellness is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that
(y) Sesh Wellness has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and
(z) Sesh Wellness may not be able to remove Submitted Content that is downloaded onto a user’s device. Sesh Wellness does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
d. You acknowledge that Sesh Wellness has the right to pre-screen your Submitted Content, but has no obligation to do so. At Sesh Wellness’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Sesh Wellness and its designees shall have the right, but not the obligation, in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
e. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Sesh Wellness be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
a. We welcome feedback from our users and appreciate your comments regarding our services. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions
”) that we have not specifically requested. We hope you will understand that this policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar to or even identical to a customer’s idea.
b. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that:
(i) such Submissions will be considered non-confidential and non-proprietary;
(iii) we may have something similar to the Submission already under consideration or in development; and
(iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
15. Notice for California Residents Pursuant to CA Civil Code Section 1789.3
a. Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
a. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties
”) harmless form and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with:
(i) your use of the Service;
(ii) your breach or violation of any of these Terms;
(iii) your violation or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
17. Warranty Disclaimer
a. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete or up to date.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
c. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
d. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
18. Medical and Health Disclaimer
a. SESH WELLNESS DOES NOT PROVIDE MEDICAL ADVICE. ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL, CONTAINED ON THE SERVICE IS FOR EDUCATIONAL PURPOSES ONLY. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or treatment. If you have any concerns about your health, please consult with a physician or other medical healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Service. Individual medical needs are very different; you should not assume that the information provided through the Service concerning certain courses of treatment or outcomes will apply to you. Rather, you should evaluate your medical condition and make treatment decision based upon consultation with your physician.
b. Providers do not diagnose conditions or prescribe or perform medical treatment, prescribe substances, or interfere with the treatment of a licensed medical professional. It is recommended that you see a licensed physician or licensed health care professional for any physical or psychological ailment you may have and consult with a licensed physician or licensed health care professional prior to engaging in the Service.
c. Research developments may impact the information that appears on the Service. No assurance can be given that the information contained on the Service will always include the most recent developments.
d. Users concerned with allergies need to be aware of these risks and should confirm all cosmetic, food or other allergies and intolerances before using or consuming any items. Sesh Wellness is not responsible for identifying products or ingredients that may cause allergic reactions. IF YOU THINK YOU ARE HAVING AN ADVERSE REACTION TO ANY ITEM, STOP IMMEDIATELY.
e. IF YOU BELIEVE YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 9-1-1, IMMEDIATELY.
f. SESH WELLNESS DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE.
19. Limitation of Liability
a. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SESH WELLNESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Your sole remedy for dissatisfaction with the Service including, without limitation, content or products offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
c. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods and/or services in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service (including our products) must be brought within one year after such claim or cause of action arises or be forever barred.
d. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SESH WELLNESS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SESH WELLNESS’S CHOICE OF LAW PROVISION SET FORTH BELOW.
a. We may terminate these Terms, deactivate your Account, and/or your permission to use the Service immediately, without prior notice or liability, if
(i) you commit any breach of these Terms,
(ii) we discontinue the Site, or
(iii) we are prevented from providing the Service for any reason.
b. Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Service, your Account, and/or your access to the Service at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
c. On termination of these Terms for any reason:
(i) all rights granted to you under these Terms will cease immediately,
(ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and
(iii) you acknowledge that we may restrict your access to the Service. Sections 9, 11, and 16–23 will survive any termination or expiration of these Terms.
21. Communication Between Us
a. If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or as otherwise indicated in Section 24 (Contact Us
) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
22. Dispute Resolution
a. Governing Law; Jurisdiction
. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on contracts for the International Sale of Goods is expressly excluded. You and Sesh Wellness agree that, except as otherwise provided below, the state and federal courts located in the County and City of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdictions and venue of these courts. Notwithstanding the foregoing Sesh Wellness shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
b. User Concerns
. Most user concerns can be resolved quickly and to a user’s satisfaction by writing to us at the contact details in Section 24 (Contact Us
c. Binding Arbitration
. In the event your concern cannot be resolved informally, you and Sesh Wellness agree that, except as provided in Section 22(f) below, all Disputes, (each a “Claim
”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules
”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 22 and the JAMS Rules, the terms in this Section will control and prevail.Except as otherwise set forth in Section 22(f) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Sesh Wellness will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms,
(i) you and Sesh Wellness may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and
(ii) the arbitrator’ decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
The arbitration will take place in the County and City of Los Angeles, California, unless the parties agree to video, phone, or internet connection appearances.
You and Sesh Wellness agree that any arbitration shall be limited to the Claim between Sesh Wellness and you individually. YOU AND SESH WELLNESS AGREE THAT
(i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
(ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
(iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
f. Exceptions to Arbitration.
You and Sesh Wellness agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration:
(i) any Excluded Dispute;
(ii) any Claim related to, or arising from, allegations of theft, piracy, invasions of privacy or unauthorized use; and
(iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
g. Arbitration Fees.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Sesh Wellness agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 22(f)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 22(f) is found to be illegal or unenforceable then neither you nor Sesh Wellness will elect to arbitrate any Claim falling within that portion of Section 22(f) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the county and City of Los Angeles, California, United States of America, and you and Sesh Wellness agree to submit to the personal jurisdiction of that court.
23. Other Important Terms
The rights granted to you under these Terms may not be assigned without Sesh Wellness’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
c. Attorneys’ Fees.
The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
d. No Waiver.
Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Sesh Wellness of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
e. Equitable Remedies.
You acknowledge and agree that Sesh Wellness would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
f. Entire Agreement.
These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Sesh Wellness with respect to the Service and supersedes any and all prior agreements between you and Sesh Wellness relating to the Service.
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
h. U.S. Resident.
Sesh Wellness is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information if you live outside of the United States. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include terminating your access and deleting your information.
i. No Partnership.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sesh Wellness as a result of these Terms or your use of the Service.
24. Contact Us
a. If you have any questions or comments relating to the Service or these Terms, please contact us at email@example.com