Welcome to website http://onenessapproach.com and its subdomains (“Website”) owned and operated by A Starting Point Dr. Michael Seng (“we”, “us”, “our”) which provides its customers with a subscription service for mental well-being educations (“Services”).
These Terms and Conditions (the “Terms”), as amended from time to time, apply to all Services made available online on the Website and/or through any electronic and mobile device, by e-mail or otherwise. These Terms are a legally binding agreement between you (“user”, “you”) and us.
By accessing, browsing and using our Website and/or making any transactions through the Website, you agree to proceed on the basis of these Terms. You acknowledge and confirm that you have read, understood and agree to comply with the following Terms and all applicable laws and regulations governing the Website and Services to the fullest extent.
If you do not agree to be bound by these Terms, you shall not use or access this Website. Please read them carefully before using the Website.
Modifications to the Terms
We may revise these Terms at any time and in its sole discretion. We will post the relevant revised Terms on the Website. When revised Terms come into effect, the revised Terms shall supersede the previous version of the Terms. By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised Terms.
To be eligible to use our Services, you must be at least 18 years old and have a full legal capacity to enter into transactions. If you are a company or a legal entity, you are permitted to use our services only if you validly exist, have full legal capacity and are a company duly organized under applicable law of your jurisdiction.
Any medical information and any other content of this website is provided for informational purposes only and does not constitute medical advice. This website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Before making any healthcare decisions, please consult with a physician or other qualified health provider regarding your medical condition.
This website is provided on an "as is" basis. We shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this website. This website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Any information contained herein is used solely at your own risk.
Use of the Website
This Website is provided solely for information purpose and do not purport to be complete. We will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
You may use any and all our Services available on the Website. We grant the user with non-exclusive right to use the Website, Services, database, access to general functions and information on the Website within the limits set forth herein and subject to the compliance with these Terms.
However, you shall strictly comply with our Terms as well as other applicable laws and regulations. Use of the Website and Services, any content or materials on the Website for any purpose not expressly permitted in these Terms is prohibited. You must not:
- Use the Website and its contents in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Use the Website in any way or take any action that causes, or may cause, damage to us or impairment of the performance, availability or accessibility of the Website.
- Download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination.
- Violate any Intellectual Property rights, including copyright, trademark and other proprietary rights.
- Violate third party rights, including without limitation, our agents, partners, on the Website and/or cause harm in any way.
- Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- Download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above.
- Conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express, prior written consent
- Collect and store personal information of other users and clients without their proper authorization
access or otherwise interact with our Website using any robot or other automated means.
- Violate the directives set out in the robots.txt file for our Website.
- Otherwise violate these Terms as well as any applicable laws and international treaties.
We reserve the right, in its sole discretion, to take action that it deems appropriate for violations of these Terms, including but not limited to terminating your access to Website or your account, filing of criminal charges against you, or the initiating of a civil action against you.
We may remove or delete your user content in its sole discretion.
Our Products and Fees
On our Website we publish a variety of products and Services as well as description of our products and Services. You acknowledge that we may add new products and Services, delete current products and Services from time to time.
You agree to pay to us all applicable fees for the Services purchased on the Website. Service fees will be billed at the time you purchase any applicable Services. We may change its fees, add new Services at any time and in its sole discretion.
Current fees for our products and Services are published on the Website and may be changed from time to time by us. Payment is safely processed from your credit or debit card.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
We are the sole owner and lawful licensee of all rights, title and interests available on the Website as well as software required for our Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws.
All title, ownership and intellectual property rights on the Website and its content shall remain with us, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under the Terms or by us are hereby reserved.
You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.
You agree not to modify the Website and its software in any manner or form, nor to use modified versions of the Website and software, including, without limitation, for the purpose of obtaining unauthorized access to the Website and Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
We may use services of third parties involved in the provision of the Services. You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
You will need to create an account with us to use some of our Services. You will need to provide us with your full, true and accurate details, such as email address and other personal information.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all actions that occur under your account or password.
You may terminate your account at any time. We reserve the right to terminate, block or suspend your account in case of violation of these Terms.
You acknowledge and agree that all access and use of the Website is at your own risk.
Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like. Please install and keep up to date virus-checking software for your hardware and software systems.
All content, including software, products, services, information, text and related graphics contained within or available through the Website are provided “as is” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the content or information on the Website.
We make no representations or warranties of any kind, either express or implied, as to the operation of this Website or the information, content or materials included on this Website. We cannot guarantee and do not warrant that such content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.
We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Website for any purpose, including software, products, services, information, text and related graphic content. We cannot ensure that information and materials provided on the Website is accurate, correct, reliable, exhaustive or complete on every subject. The user is solely responsible for use of any reliance on this information.
Limitation of Liability
To the fullest extent permitted by law, neither us, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms.
Under no circumstances shall we, nor our employees or directors shall be held liable for any delay or failure or disruption of the content or Services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, server errors, misdirected or redirected transmissions, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, disease, pandemic, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you.
Links to Third Party Websites
This Website may contain links to websites operated by parties other than us. Such links are provided for your reference only and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Website or third party websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
Governing Law and Jurisdiction
To the extent permitted by law, these Terms and the provision of our Services shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of law rules.
In case of any dispute, controversy or claim arising out of or in connection with the Terms, such dispute, controversy or claim shall be amicably settled by means of negotiations. In case the parties will not be able to amicably settle a dispute, controversy or claim, such dispute, controversy or claim shall exclusively be submitted to the competent courts in Ohio, the United States of America.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable user content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of our Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.
If any provision of the Terms is held to be invalid, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
These Terms constitute the entire agreement between you and us regarding the Website and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We may disclose the user’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and we shall not be liable for damages or results thereof and the user agrees not to bring any action or claim against us for such disclosure.
We encourage you to provide us with feedback, comments and suggestions for improvements to the Website and our Services. Please contact us at firstname.lastname@example.org. Thank you.