OHI TERMS OF USE
Last Updated: June 2024
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and other products and services, including email services, classes, appointments, events, mentorship, and marketing services (collectively, our “Services”) provided by The Orisa Hoodoo Institute (“OHI,” “we,” “us,” or “our”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using our Services, you agree to these Terms and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.If you have any questions about these Terms or our Services, please contact us at [email protected].
1) Eligibility and Authority
You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2) Accounts; Account Security; Electronic Communications
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
By creating an OHI account, you consent to receive electronic communications from OHI (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
3) Privacy
Please refer to our Privacy Policy (https://www.orishahoodoo.com/privacy) for information about how we collect, use, and disclose information about you.
4) Our Services; License
Our Services allow you and other users to create, post, store, and share content, including but not limited to marketing, communications, and other materials, and participate in various community interactions and forums (collectively, “Content”). You retain all rights in and to your Content, subject to the license you grant to us below. You grant OHI a non-exclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Content to the recipients or audience designated by you or in accordance with the settings you specify in the services.You may not create, post, store, or share any Content that violates these Terms or for which you do not have all the necessary rights to grant us the license described above. You agree to follow our Acceptable Use Policy and not to upload or share content that is unlawful, offensive, or otherwise inappropriate.
5) Prohibited Conduct
You will not violate any applicable law, contract, intellectual property, or other third-party rights, or commit a tort while using our Services. Specifically, you agree not to:
• Engage in any harassing, threatening, or predatory behavior;
• Impersonate any person or entity, including OHI representatives;
• Use another user’s account without permission;
• Interfere with or disrupt the functioning of our Services;
• Use our Services for illegal or unauthorized purposes, or promote any unlawful activity.
You agree to comply with all applicable laws and regulations, including data protection and privacy laws, when using our Services.
6) Terms of Sale
6.1 Subscriptions
When you sign up for a subscription to our Services, you agree to a recurring contract with OHI. Subscription fees will be charged on a recurring basis (monthly, quarterly, or annually) and your subscription will continue until you cancel it or we suspend or terminate access in accordance with these Terms.
6.2 Cancellation
You may cancel your subscription at any time by logging into your account and following the instructions for cancellation. Your cancellation request will be processed at the end of the current subscription period. You will remain responsible for any fees incurred up until that date.
6.3 One-Time Purchases
Some features of our Services may be offered as a one-time purchase. These will be charged at the time of purchase.
6.4 Free Trials
From time to time, we may offer free trials of certain services. The terms of any free trial will be provided at registration. We reserve the right to modify or terminate free trials at any time.
6.5 Payment and Billing Information
By providing a payment method, you authorize OHI (or our third-party payment processor) to charge your payment method for the applicable fees. If your payment method is invalid or unable to be processed, your account may be suspended until payment is successfully processed.
6.6 No Refunds
All purchases are final. OHI does not offer refunds for any products, services, or subscriptions purchased through our platform. In certain circumstances, at OHI’s sole discretion, we may issue a refund or credit, but this is not guaranteed and will be considered on a case-by-case basis.
7) Limited License; Copyright and Trademark
ou are granted a limited, nonexclusive, nontransferable license to use our Services for personal or business purposes, subject to these Terms. You may not resell, copy, or distribute our Services or Content without prior permission.
All intellectual property rights in the Services and Content are owned by OHI or our licensors. You agree not to reverse-engineer or use our Services in any manner that would infringe on these rights.
8) Third-Party Content and Services
Our Services may include third-party content or integrations. OHI does not endorse or control third-party content and is not responsible for its accuracy or completeness. If you engage with third-party services, you do so at your own risk.
9) Feedback
Any feedback or suggestions you provide regarding OHI or our Services will become the exclusive property of OHI. We are free to use such feedback for any purpose, commercial or otherwise, without compensation to you.
10) Publicity
By using our Services, you agree that OHI may refer to you as a customer in its marketing and publicity materials, including on our website and in press releases.
11) Disclaimers
OHI provides our Services “as is” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that our Services will be error-free or uninterrupted.
12) Limitation of Liability
OHI is not liable for any indirect, incidental, or consequential damages arising out of your use of our Services. Our total liability is limited to the amount you paid for the Services during the past 12 months.
13) Indemnification
You agree to indemnify and hold harmless OHI and its affiliates, officers, and employees from any claims, losses, or damages resulting from your use of our Services or your violation of these Terms.
14) Dispute Resolution; Binding Arbitration
All disputes arising from these Terms or your use of our Services will be resolved through binding arbitration. By using our Services, you waive your right to a jury trial. Arbitration will take place in [location], and the rules of the American Arbitration Association will govern the process.
11) Disclaimers
OHI provides our Services “as is” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that our Services will be error-free or uninterrupted.
12) Limitation of Liability
OHI is not liable for any indirect, incidental, or consequential damages arising out of your use of our Services. Our total liability is limited to the amount you paid for the Services during the past 12 months.
13) Indemnification
You agree to indemnify and hold harmless OHI and its affiliates, officers, and employees from any claims, losses, or damages resulting from your use of our Services or your violation of these Terms.
14) Dispute Resolution; Binding Arbitration
All disputes arising from these Terms or your use of our Services will be resolved through binding arbitration. By using our Services, you waive your right to a jury trial. Arbitration will take place in Georgia, and the rules of the American Arbitration Association will govern the process.
15) Governing Law and Venue
These Terms will be governed by the laws of Georgia, USA , without regard to its conflict of laws principles. Any dispute not subject to arbitration will be resolved in the courts of Georgia, USA.
16) Changes to These Terms
OHI reserves the right to modify these Terms at any time. Any changes will be posted on this page, and the “Last Updated” date will be revised. Continued use of the Services after changes are posted will signify your acceptance of the modified Terms.
17) Termination
We reserve the right to terminate your access to our Services at any time, without notice, if you violate these Terms.
18) Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
19) Miscellaneous
These Terms constitute the entire agreement between you and OHI. Any additional terms or conditions are void unless expressly agreed to by OHI. These Terms may be executed electronically and in multiple counterparts.