Website Terms and Conditions of Use

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TERMS OF USE

These Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile site, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by OneVillage, PBC or its subsidiaries, divisions, and affiliates (“OneVillage”, “we”, “our” or “us”). 

OneVillage offers the Service, including all information, tools, services, goods, programs, and products available through the Service, to you, conditioned upon your acceptances of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before you start to use our website https://onevillage.io (the “Site”) or our mobile application (the “OneVillage App”). By using the Site or OneVillage App, or otherwise engaging our Service, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, then accessing the Service, OneVillage App, or our Site is strictly prohibited, and you must immediately exit.

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Service, our OneVillage App, and our Site are only offered and available to users who are at least eighteen (18) years of age or older. 

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT ONEVILLAGE’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY ONEVILLAGE, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE. 

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

OWNERSHIP OF SERVICE

OneVillage helps you manage your insurance benefits and improve your overall healthcare experience by providing a digital platform on which you can connect with medical providers, obtain information about your insurance and advice about your medical bills, and access other resources designed to promote health and wellness. OneVillage doesn’t provide a medical diagnosis or medical treatment. OneVillage does not provide any services that must be undertaken by a licensed medical provider.

The Service, which includes our OneVillage App and Site, and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by OneVillage, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

These Terms permit you to use the Service and Content for your personal, non-commercial use only. A limited, revocable, non-exclusive, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of OneVillage or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by OneVillage at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by OneVillage. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site, OneVillage App, or any other component of the Service in breach of these Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any Content is transferred to you, and all rights not expressly granted are reserved by the OneVillage. Any use of the Service, OneVillage App, or Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 

In addition to the foregoing, OneVillage also owns and uses trademarks on the Service, including but not limited to ONEVILLAGE and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the OneVillage. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

RELIANCE ON INFORMATION POSTED

The Content presented on or through the Service, including via the Site or OneVillage App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of any Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

While OneVillage provides limited healthcare services, the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Therefore, you should always seek the advice of your primary care physician or other qualified healthcare provider with any questions you may have regarding a medical condition. OneVillage does not intend to interfere with your primary care physician’s or other qualified health provider’s medical advice, and you should never disregard professional medical advice or delay in seeking it because of something you have read on the OneVillage App or Site. No Content (other than information you receive from qualified healthcare providers) should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

This Site may include content provided by third parties, including but not limited to materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the OneVillage, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the OneVillage. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE TERMS AND SERVICE 

We may revise and update these Terms from time to time in our sole and absolute discretion. All changes are effective immediately when we post them but we make every effort to inform our members with at least 30 days notice of any changes to our terms and conditions. If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us or display a prominent notice within the Service. In some cases, we will notify you in advance, and your continued use of the Site or Service following the posting of revised Terms will mean that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the OneVillage App, Site, and Service.

We may also update our Content from time to time, but such Content will not necessarily be complete or up-to-date. Any Content, including any and all material on the Site and OneVillage App, may be out of date at any given time, and we are under no obligation to update such Content.

ACCESSING THE SERVICE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend our OneVillage App, Site, and any Service or Content we provide on the OneVillage App or Site or through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service, including the OneVillage App or Site, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service.

Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Site or OneVillage, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You are solely and fully responsible for all activities that occur under your user name, password, or account. OneVillage may assume that any communications it receives through your account have been made by you unless OneVillage receives notice otherwise. OneVillage expressly disclaims any liability from misuse of your account. 

You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

PAYMENT TERMS

Some features of the Service may require you to make certain payments. Any fees that OneVillage may charge you for your use of or access to the Service are due immediately when charged by OneVillage and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage; our decision to terminate your usage; any disruption caused to our Service, whether planned, accidental or intentional; or any reason whatsoever. OneVillage reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. OneVillage, in its sole discretion, may offer credits or refunds on a case-by-case basis.

Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.

OneVillage may use third party services to process payments, which have their own separate terms of service. While OneVillage will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, OneVillage expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold OneVillage harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud. 

OneVillage may request a pre-authorization for some purchases made online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE 

All information we collect on our Site and OneVillage App is subject to our Privacy Policy. By using our Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and further represent and warrant that you have reviewed our HIPAA Notice of Privacy Practices, which describes important information about your rights under HIPAA. 

LINKED SITES

The Service is integrated with third-party applications, websites, and services (collectively, “Linked Sites”) to make available content, products, or services to you. OneVillage has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. OneVillage is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by OneVillage of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of OneVillage. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products, services, behavior, features, or content. OneVillage makes no representation or warranty as to any Linked Site products, services, behavior, features, or content, and you agree that OneVillage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party products, services, behavior, features, or content available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, BY USING OUR SERVICE, SITE OR ONEVILLAGE APP YOU UNDERSTAND AND AGREE THAT WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT ONEVILLAGE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR THE OF ANY LINKED SITE OR FOR ANY TRANSACTION YOU MAY ENTER INTO WITH THE PROVIDER OF ANY SUCH LINKED SITE.

PROHIBITED USES

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service, which includes the Site and OneVillage App:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate OneVillage, a OneVillage employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm OneVillage or users of the Site or OneVillage App, or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Site or OneVillage App.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Site or OneVillage App.
  • Use any manual process to monitor or copy any of the material on the Site or OneVillage App or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service, including our Site and OneVillage App.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or OneVillage App, the servers on which the Site and OneVillage App are stored, or any server, computer, or database connected to the Site or OneVillage App. 
  • Attack the Site or OneVillage App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site, OneVillage App, or Service.

USER SUBMISSIONS

The Service may contain interactive features that allow users to upload, post, submit, publish, display, or transmit to OneVillage or to other users or other persons (hereinafter, “post”) content or materials, including but not limited to user reviews (collectively, “User Submissions”), on or through the Site and OneVillage App.

All User Submissions must comply with the Content Standards set out in these Terms.

Your User Submissions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Submissions. Any User Submission you post to the Site or OneVillage App will be considered non-confidential and non-proprietary. All User Submissions may be retained by us indefinitely, even after you terminate your account. By submitting any User Submissions, you grant to OneVillage a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Submissions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Site or OneVillage App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: 

  • You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Submissions do and will comply with these Terms. 
  • You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not OneVillage, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Site.

We have the right to:

  • Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
  • Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the OneVillage.
  • Except where prohibited by applicable law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, OneVillage App, or Service. 
  • Terminate or suspend your access to all or part of the Service, including the Site and OneVillage App, for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or OneVillage App. YOU WAIVE AND HOLD HARMLESS ONEVILLAGE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS 

These content standards (the “Content Standards”) apply to any and all User Submissions. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

COPYRIGHT COMPLAINTS AND DMCA COPYRIGHT AGENT 

OneVillage complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site or the OneVillage App or via the Service is subject to our Privacy Policy. By using the Service, Site, or OneVillage App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

 

LATE CANCELLATION, LATE RESCHEDULING, AND NO-SHOW POLICY

At OneVillage, we strive to maintain a respectful and efficient platform for both our expert coaches (referred to as concierge, navigator, or coach) and our valued members. To ensure the smooth functioning of our services, we have implemented the following policy regarding late cancellations and rescheduling:

1. Late Cancellation and Late Rescheduling:

Users are required to cancel or reschedule their booked sessions at least 12 hours prior to the scheduled start time. Both late cancellations and late rescheduling will be treated as equal to a no-show. 

2. No-Show:

A no-show is defined as the failure to attend a booked session without prior cancellation or rescheduling. Late cancellations and late rescheduling will be considered equivalent to a no-show to maintain consistency in our policies. 

3. Consequences of No-Show:

Accumulating three instances of late cancellation, late rescheduling, or a combination of both will result in restrictions on platform access. This measure is in place to ensure fairness and to respect the time and dedication our coaches invest in preparing for each session.

4. Appeals and Exceptional Circumstances:

Users facing genuine emergencies or exceptional circumstances that lead to late cancellations, late rescheduling, or a no-show may submit an appeal. Such appeals will be reviewed by our support team on a case-by-case basis.

By adhering to these policies, you contribute to the success of the OneVillage community and help us maintain a positive and supportive environment for both our expert coaches and members. We appreciate your cooperation in creating a platform that values punctuality and respects the time commitment of all parties involved.

 

TERMINATION AND SURVIVAL

You and we may terminate the Terms at any time. However, you acknowledge and agree that the perpetual license granted by you in relation to User Submissions, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. You further understand and accept that OneVillage may terminate the Terms or suspend your access to the Service at any time, including, without limitation, in the event of your actual or suspected unauthorized use of the Service or Content, or non-compliance with the Terms. 

If you or OneVillage terminate the Terms, or if OneVillage suspends your access to the Service, you agree that OneVillage will have no liability or responsibility to you, and OneVillage will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. 

The rights and obligations that by their nature should survive or extend beyond the termination of the Terms will also survive termination. 

DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR ONEVILLAGE APP, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE; THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE; OR THAT ANY PRESCRIPTION DRUG PRODUCTS SATISFY ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON SUCH PRODUCTS.

YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE, AS WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE OR ONEVILLAGE APP. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. 

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, OR ANY INJURIES, INCLUDING WRONGFUL DEATH, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE, AND SHALL NOT EXCEED $250 USD.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

BY AGREEING TO THESE TERMS AND CONDITIONS, PARENTS ACKNOWLEDGE AND WAIVE ANY CLAIMS AGAINST ONEVILLAGE FOR THE USE OF THE SITE BY CHILDREN UNDER 13, IN COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA). PARENTS UNDERSTAND AND ACCEPT FULL RESPONSIBILITY FOR THEIR CHILD'S USE OF THE SITE.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”


ASSIGNMENT

OneVillage may assign the Terms or any part of them, and OneVillage may delegate any of its obligations under the Terms. You may not assign the Terms or any part of them, nor transfer or sub-license your rights under the Terms, to any third party.

INDEMNIFICATION

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless OneVillage and its officers, directors, employees, licensors, suppliers, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other user. If you fail to promptly indemnify and defend a covered claim, OneVillage shall have the right to defend itself, and in such case, you shall promptly reimburse OneVillage for all of its associated costs and expenses. OneVillage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. 

DISPUTE RESOLUTION BY BINDING ARBITRATION

(a) Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and OneVillage, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Site and/or the Products, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and OneVillage are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ONEVILLAGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ONEVILLAGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

(c) Pre-Arbitration Dispute Resolution. OneVillage is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@onevillage.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to OneVillage should be sent to OneVillage PBC, 3206 Rolling Road, Chevy Chase, MD 20815, United States (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If OneVillage and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or OneVillage may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by OneVillage or you shall not be disclosed to the arbitrator untilafter the arbitrator determines the amount, if any, to which you or OneVillage is entitled.

(d) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless OneVillage and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, OneVillage agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, OneVillage will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, OneVillage will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, OneVillage will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Use will continue to apply.

(h) Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Use to the contrary, OneVillage agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending OneVillage written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

WAIVER AND SEVERABILITY

No waiver by the OneVillage of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the OneVillage to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

ENTIRE AGREEMENT

The Terms and our Privacy Policy constitute the sole and entire agreement between you and OneVillage regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

YOUR COMMENTS AND CONCERNS

This website is operated by OneVillage, PBC, located at 3206 Rolling Road, Chevy Chase, MD 20815.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to support@onevillage.io or the address listed above.