Legal (USA)
This Privacy Statement
This Privacy Statement outlines how personal information about you is collected, used, disclosed and otherwise processed by Ojas Rituals Inc. and its affiliates (“Ojas Rituals,” “we,” “our,” or “us”) with respect to your use and interaction with Ojas Rituals via our website https://ojasrituals.com/ (the “Website”), our mobile application (the “Application”), the services available through our Website and Application, and through other online activities involving Ojas Rituals products and services of Ojas Rituals affiliates (collectively, the “Services”). This Privacy Statement also applies to the personal information we collect offline.
Your use of our Services, and any dispute over privacy, is subject to this Privacy Statement and our Terms of Use, including its applicable limitations on damages and the resolution of disputes.
Personal Information
Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Information We Collect About You
Information We Collect Directly from You. The information we collect from you depends on how you use our Services. Information we collect may include:
To respond to inquiries or communications you send to us, we collect contact information, such as your name, e-mail address, mailing address, and phone number. We may also collect records and copies of your correspondence, product order information, and other information you choose to submit to us, such as information regarding events related to the products or services you requested or purchased from us.
We collect the information you provide to us when you fill out a survey, questionnaire, or other type of form through the Services, including information about your health and wellness, health goals, diet, lifestyle, location information, demographic information, your views about health and wellness, and medical conditions that you have experienced or that exist in your family.
When you create an account, we collect contact information, such as your name, e-mail address, username, password, mailing address, and phone number.
When you request or purchase products or services from us, we collect information such as your name, e-mail address, shipping and billing address, phone number, order information, including details of products and subscriptions you choose to purchase, and payment information.
While you are navigating the Website or using the Services, we may also collect your search queries, information about your viewing history, and other data regarding your use and interaction with the Services for customer or technical support purposes, or to help improve our Services.
When you use certain features of our Services, we collect information about your vitamin and supplement intake and frequency to provide you with personalized recommendations (such as personalized vitamin and supplement recommendations), and for loyalty and reward program purposes. By sharing information with us about your vitamin and supplement routines and milestones, you can receive “carrots” which can be used as credits towards future purchases.
We may also use your contact information and mailing address for other loyalty or rewards program purposes, such as to send gift packages to you.
We may respond to or otherwise engage with social media posts or messages directed at a Care/of account, or which reference our products. If you publicly share content about us or our products, we may choose to re-post or otherwise share that content with our followers, subject to the terms of the relevant social media platform.
We also collect information that may be reported to government authorities or regulators in accordance with applicable requirements. This information may include your contact information, as well as details of any adverse event, which may include medical information.
Information We Collect from Other Entities. Information we collect from other entities may be combined with other information we have collected about you in order to complete requests you have made or facilitate transactions you have initiated via the Services, or for other purposes, such as fraud prevention, authentication, order management, to supplement customer profiles, and for marketing purposes. Information we may collect about you from third-party sources may include your name, e-mail address, mailing address, phone number, and other contact information.
Information We Collect Automatically. When you visit our Website, we collect technical data including the name of your internet service provider, the website that you used to link to our Website, links you click on or Website, and your IP address. We may also collect information about the length of time you spent visiting our Website and/or using our Services, the referring URL, or the web pages that led you to our Website. We use this data from time to time for statistical purposes, including use of information in de-identified and aggregated format. Please see the Use of Cookies and Other Tracking Mechanisms section below for more information.
How We Use Your Information
We use your information, including your personal information, for the following purposes:
To provide and maintain our Services.
To establish and maintain our business relationship with you.
To notify you about changes to our Services.
To communicate with you about your use of our Services, including to send you reminders, to respond to your inquiries, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Services. We also leverage the information we collect in aggregate to deliver more relevant advertisements and offers to you on other third-party websites as you navigate the Internet.
To provide you with information that we believe to be of interest to you, including health or wellness-related information or services.
To send you e-mail marketing materials about our products and services.
To send you news and newsletters.
To better understand how users access and use our Services, both on an aggregated and individualized basis.
To handle inquiries and complaints you or other users of our Services submit to us.
To administer surveys and questionnaires, such as for market research or user satisfaction purposes, and for obtaining health and wellness information.
To comply with legal obligations, as part of our general business operations, and for other business administration purposes, such as maintaining customer records, monitoring your compliance with any of your agreements with us, collecting debts owed to us, and safeguarding our business interests.
To verify that you meet the eligibility requirements for purchasing or receiving our Services.
Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, and in situations involving potential threats to the safety of any person or violations of our Terms of Use or our Privacy Statement.
For research and analytics purposes, including analyzing data, identifying trends and issues and creating statistical reports, analyzing the accuracy and effectiveness of our Website and the Services, including administering, troubleshooting, and enhancing and improving the Website and the Services.
For quality assurance and regulatory compliance purposes
To fulfill any other purpose for which you provide the information.
For any other purpose for which we provide you notice, or you provide us with your consent.
We may also store or transfer your personal information outside of your country of residence. See the How We Store Your Personal Information section for more information about how we store your information. See the Your Options section to learn what choices you have regarding our collection and use of your personal information.
With other entities where you give us your permission.
Promotional. We also may, at times, share your personal information with promotional and marketing partners that may send you promotional or marketing communications on our behalf, and about their own products or services, about the products and services of other third parties, or for their marketing, advertising, or analytics and measurement purposes.
How We Store Your Information
We store your personal information with data processors or servers owned by us or acting on our behalf and responsible to us.
Some of this data may be stored or processed on computers or servers located in jurisdictions other than your country of residence, whose data protection laws may differ from the laws of your country of residence. Accordingly, your personal information may be accessible to law enforcement and/or regulatory authorities according to the applicable laws of such jurisdiction.
Subject to applicable laws in non-Canadian jurisdictions, for personal information that we collect and process from Canadian residents, we have appropriate protections in place to require processors in non-Canadian jurisdictions to maintain protections for the personal information that are equivalent to those that apply in Canada.
Retention of Your Information
We only retain personal information for as long as is reasonably necessary for us to render a service you have requested or to which you have given your consent, and for business and/or legal reasons (e.g. for retention periods determined in connection with limitation periods for potential litigation, etc.).
Use of Cookies and Other Tracking Mechanisms
Like many websites and online services, we automatically collect technical data when you visit and use our Website.
Cookies. Cookies and other similar technologies are identifiers that enable our Website to provide the Services to you. We use cookies to collect information on how users navigate our Website, personalize content and provide targeted advertisements through third-party advertising networks when you visit other sites. There are two types of cookies we use:
Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in and as you move through our Services.
Persistent cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Website. We also may use other analytic means to evaluate our Website. We use these tools to help us improve the performance of our Website, Services, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Cross-Device Use. We and our third party service providers, including Google, may use the information that we collect about you (whether directly from our Website, through your device(s), or from a third party) to help us and our third party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our third-party service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you e-mails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third-Party Ad Networks section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out may be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you may need to opt-out from each browser or device that you use.
Do-Not-Track Signals. Please note that our Website does not recognize or respond to any signal which your browser might transmit through the so-called “Do Not Track” feature your browser might have. If you wish to disable cookies on our Website, you should not rely on any “Do Not Track” feature your browser might have. For more information about do-not-track signals, please click here.
Ad Networks. We use network advertisers to serve advertisements on non-affiliated websites or other media (e.g., social networking platforms). This enables us and these network advertisers to target advertisements to you for products and services in which you might be interested. Ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, pixels, LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each entity’s specific privacy policy, not this one. We may provide these advertisers with information, including personal information, about you. Users may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising. Please be advised that opting out of ad networks will opt you out from certain companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Additional information is available on the DAA’s websites at www.aboutads.info and https://youradchoices.com/appchoices.
Security of Your Information
We use technical and organizational security precautions to protect your personal information from manipulation, loss, destruction or unauthorized access, use, disclosure or alteration. Please be aware that despite our efforts, no data security measures can guarantee security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust, unique password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Notice Regarding Children
Our Website and Services are not intended for child audiences and we have no intention of collecting personally identifiable information (such as name, address, telephone number) from children. If you discover that your child has provided us with personally identifiable information, we ask that a parent or guardian of the child contact us at data-privacy@ojasrituals.com or complete the form available at: https://preferences.ojasrituals.com/privacy to have this information deleted from our records.
California and Virginia Residents
If you are a California or Virginia resident, please click here for a supplemental Privacy Statement containing additional information about the processing of your personal information and the rights granted to you by California and Virginia law.
Nevada Residents
Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at info@ojasrituals.com with “Nevada Opt-Out” in the subject line.
For Canadian Residents
If you are a Canada resident, please click here for a supplemental Canadian Privacy Statement containing additional information about the processing of your personal information and the rights granted to you by Canadian law.
Third-Party Links
Our Website may be linked from another website or have links to other websites such as social media platforms. This Privacy Statement only relates to our collection and use of your data on our Website and we are not responsible for the privacy policies and practices of other third-party websites, including from any provided links. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.
Your Options
Opt-out of promotional communications. In the event you wish to unsubscribe from receiving promotional communications from us, you may opt-out by:
Removing yourself by clicking “unsubscribe” at the bottom of an email we send you, or
Contact us at: data-privacy@ ojasrituals.com If you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, such as notifications regarding our business relationship with you, important notices regarding our Services, or as otherwise consistent with applicable law.
Changes to This Privacy Statement This Privacy Statement is effective as of the Effective Date listed at the top of this Notice. We may change certain parts of this Privacy Statement from time to time, so be sure to check this Privacy Statement regularly. Any changes to this Privacy Statement will be communicated promptly on this page. Please contact the website administrator with any problems, questions, or suggestions that you may have. The constant development of the Internet requires occasional adjustments to our Privacy Statement. We retain the right to make changes when necessary.
Contact Us If you wish to know what information we have in our files about you, ask a question about the information in your file, or request a change or correction to your personal information under our control, please contact:
Ojas Rituals Inc.
[Address]
E-mail: data-privacy@ojasrituals.com
FDA Statement
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Terms of Use
Ojas Rituals Inc. (“Ojas,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our online services (the “Services”), which are made available to you through our website located at ojasrituals.com (the “Website”).
We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by email (sent to the email address specified in your account) prior to the changes becoming effective.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. NO MEDICAL ADVICE
You acknowledge and agree that Ojas Rituals does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Ojas Rituals does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2. DESCRIPTION AND USE OF SERVICES
Through the Services, we help you to build your own pack of grab-and-go supplements and/or vitamins (“Personalized Care/of Packs”) that we deliver to you in packaged boxes on a subscription basis (“Subscription”).
We provide Visitors and Customers with access to the Website and the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website.
Customers. Login is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information, post Customer Content and use the Services.
Ojas Rituals is under no obligation to accept any individual as a Customer, and may accept or reject any registration in its sole and complete discretion.
3. USE OF PERSONAL INFORMATION
Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at ojarituals.com/privacy-policy), which is hereby incorporated by reference in its entirety.
4. PRODUCT DESCRIPTIONS AND AVAILABILITY
(a) Product Descriptions. Our Website contains descriptions of dietary supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the supplements and/or vitamins that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.
(b) Shipping. Our packages are shipped via USPS Priority Mail and packages are delivered between 5-7 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the Care/of team.
(c) Refunds. Personalized Care/of Packs may be returned within 30 days of receiving them for a full refund.
(d) Promotions. On occasion, we offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, product exclusions and any other restrictions as may be determined and communicated by us in our sole discretion (“Promo Codes”).
Promo Codes may only be used once per person. Only valid Promo Codes offered by us will be honored. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. Promo Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Any promo code for 50% off your first order is provided for individual use only for first-time purchases and requires a minimum order of $40 before discount is applied. This offer is subject to change without notice.
5. COMMUNITY GUIDELINES
Ojas Rituals’ community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:
You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose;
You will not access or use the Website and the Services to collect any market research for a competing business;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not “stalk” or otherwise harass another;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website or the Services;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website, or the Services;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not use, frame, or utilize framing techniques to enclose any Ojas Rituals’ trademark, logo, or other proprietary information (including the images found on the Website and the Services, the content of any text, or the layout/design of any page or form contained on a page) without Ojas Rituals’ express written consent;
You will not use meta tags or any other “hidden text” utilizing a Ojas Rituals’ name, trademark, or Product name without Ojas Rituals’ express written consent;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means; and
If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Services, or any portion of the Website and the Services, without notice, and to remove any comments that do not adhere to these guidelines.
6. SIGN-IN NAME; PASSWORD
During the registration process for Customers, we will ask you to provide your email address. You will also be asked to create an account, which includes your e-mail address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Customer. You are responsible for the confidentiality and use of your Sign-In Name, and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason.
7. SUBSCRIPTION FEES, PAYMENTS, AND AUTOMATIC RENEWALS
You acknowledge and agree that by ordering Personalized Care/of Packs, you are signing up for a Subscription with us. You agree to pay all applicable Subscription fees made known to you when you order your Personalized Care/of Packs (“Subscription Fees”). We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate.
It is important to note that when you sign up to use the Services, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than five (5) business days before your next package is shipped, and the cancellation will take effect for the following month. Before the end of each month, we will send you a reminder e-mail informing you that your next box of Personalized Care/of Packs is ready to ship. Again, if you do not cancel, then your next box of the Personalized Care/of Packs will ship and applicable Subscription Fees will be charged to your credit card.
Your right to use the Service or a specific product is conditional upon our receipt of payment of Subscription Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
8. SUSPENDING OR POSTPONING DELIVERY OF YOUR PERSONALIZED CARE/OF PACKS
You may suspend or postpone the delivery of your Personalized Care/of Packs by following the instructions on the Website. However, you will not be able to suspend or postpone if we have already started preparing you next box of the Personalized Care/of Packs. You will be alerted by email when we start preparing your next box of Personalized Care/of Packs.
9. INTELLECTUAL PROPERTY
The Website and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Ojas Rituals (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Ojas Rituals (“Ojas Rituals Trademarks”) used and displayed on the Website and the Services are registered and unregistered trademarks or service marks of Ojas Rituals. Other company, product, and service names located on the Website and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Ojas Rituals Trademarks, the “Trademarks”). Nothing on the Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Ojas Rituals Trademarks inures to our benefit.
Elements of the Website and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
10. CUSTOMER CONTENT
Customers may post and/or create content through the Website and the Services, including but not limited to, reviews and comments about the Personalized Care/of Packs (collectively, the “Customer Content”). We cannot and do not review it all—we are merely acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. That said, we may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT OJAS RITUALS, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE AND THE SERVICES.
You retain all copyrights and other intellectual property rights in and to the Customer Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.
If you submit Customer Content to us, each such submission constitutes a representation and warranty to Ojas Rituals that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by Ojas Rituals and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.
11. Reposting of Your Social Media Content
From time to time, Ojas Rituals’ social media accounts (including Instagram, Twitter, Facebook, and Pinterest) repost a consumer’s photos, experiences, or stories from their personal social media account. Ojas Rituals will never repost your personal social media content (“User Generated Content”) without first obtaining your express written permission.
By agreeing to allow Ojas Rituals to use your UGC, you represent and warrant: · You own all rights to the UGC and have the right to grant Ojas Rituals a license to use the UGC (including any material embodied in the UGC); · You have express permission from any person, living or dead, in the UGC to use their likeness; · The UGC does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights; and · The UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions.
Further, by agreeing to allow Ojas Rituals to use your UGC, you agree to grant Ojas Rituals an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.
You hereby release, discharge and agree to hold Ojas Rituals and any person acting on Ojas Rituals’ behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.
12. COMMUNICATIONS TO US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
13. NO WARRANTIES/LIMITATION OF LIABILITY
THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
14. EXTERNAL SITES
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
15. MINORS
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (see our Privacy Policy.)
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
17. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
18. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
Ojas Rituals respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Ojas Rituals Inc. 850 3rd Ave Suite 601 ATTN: Care/of Brooklyn, NY 11232
If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
20. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Ojas Rituals from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Ojas Rituals’ proprietary interests.
21. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
22. MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Subscription Fees, Payments and Automatic Renewals,” “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
23. Care/of Loyalty Program Terms & Conditions
Ojas Rituals Inc. (“Ojas Rituals”) maintains a Loyalty Program for Customers (as defined in the Terms of Use) to earn rewards who regularly take and track their Care/of vitamins (the “Loyalty Program”). By participating in the Loyalty Program, you agree to abide by these Loyalty Program Terms and Conditions (“Terms”) and our Terms of Use and the Privacy Policy (both available on our website and incorporated herein by reference) These Terms supplement the Terms of Use and Privacy Policy. Please consult the Care/of Terms of Use and Privacy Policy before agreeing to these additional Terms. Capitalized terms not defined in these Terms have the meanings given in our Terms of Use. In order to be eligible a Customer must (i) download the Ojas Rituals “Care/of application” (the “App”) and (ii) track their vitamin usage activity in their account on the App (“Vitamin Usage”).
If a Customer achieves certain Vitamin Usage milestones or goals, as determined by Ojas Rituals, Customer will be eligible to earn rewards (“Carrots”). Carrots will be posted to a Customer’s account within twenty-four (24) hours of the Customer earning such Carrot and Customers can view their Carrot balance by checking their account either online or in the App. Carrots can be used towards future Ojas Rituals purchases of eligible Products made available by Ojas Rituals on its marketplace which is accessible on its Website or App.
Carrots may only be earned by Customers who reside within the United States and are 18 years of age or older. Carrots that have not been redeemed within one (1) year after they are added to an account will expire. If you redeem your Carrots for a promotional store credit, that credit will expire one (1) year after it has been added to an account if it is not used. Carrots are not valid for cash or cash equivalents. Carrots cannot be transferred to other people or accounts.
Limitation of Liability
IN NO EVENT WILL OJAS RITUALS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, EVEN IF OJAS RITUALS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OJAS RITUALS’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS EXCEED THE AGGREGATE AMOUNT OF THE VALUE OF CARROTS MADE BY OJAS RITUALS TO YOU IN ACCORDANCE WITH THESE TERMS.
The Loyalty Program is Void Where Prohibited Notwithstanding anything else contained in these Terms, this Loyalty Program is void wherever prohibited by law.
Right to Cancel the Loyalty Program or Change the Terms Ojas Rituals reserves the right to modify or cancel the Loyalty Program or to change these Terms and eligibility for participation at any time, in its sole discretion, and will use reasonable efforts to notify you by emailing you or by updating the “last updated” date at the top of this page. By continuing to participate in the Loyalty Program after the Terms have been modified, you agree that the modified Terms are acceptable to you and binding on you. If you do not accept the modified terms, your only recourse is to stop participating in the Loyalty Program and forfeit any unclaimed Carrots.
Right to Close Accounts Ojas Rituals reserves the right to terminate your participation in the Referral Program for any reason or no reason. In the event Ojas Rituals exercises this right, any Loyalty Program participant will be given thirty (30) days notice to redeem their Carrots or store credit. Further, Ojas Rituals reserves the right to close the account(s) of any Referrer and/or Referred Customer if the Referrer and/or Referred Customer breach any of these Terms or violates any applicable law, statute or governmental regulation. In the event that Referrer or Referred Customer was issued Carrots, or other credit, based on inaccurate information provided by the Referrer or Referred Customer or as a result of a breach of these Terms, Ojas Rituals may request reimbursement for such issued and used credits.
Carrots may be available for additional programs and actions, including referring friends or family to become Customers. For more information on the Referral Program Terms and Conditions, please see the complete terms here.
Copyright 2016 Ojas Rituals Inc. All rights reserved.
Last Updated: February 14, 2023