Terms of service

TERMS AND CONDITIONS
Welcome to ohmstateofmind.com, provided by Ohm Creations, LLC, and its affiliates, subsidiaries, parent company, and other related companies (“Us”, “We”, or “Company”). These are the terms and conditions, legal notices & disclaimers (“Terms”) for your use of services or features on ohmstateofmind.com (the “Site”). You may be accessing our Site from a tablet, computer or mobile phone device and these Terms govern your use of our Site and your conduct, regardless of the means of access.

We may interact with you on third party sites (“Third Party Sites”) where we post content or invite your feedback, such as (i) https://www.facebook.com/ohm-only-healing-minerals, (ii) https:// twitter.com/ohmrockpower; or (iii) http://www.instagram.com/ohmrockpower.

Our Terms and other areas of our Site may provide guidelines and rules and regulations (collectively “Guidelines”) in connection with our services, including services that may involve Third Party Sites, but the Company does not control those Third Party Sites, and these Terms and our Guidelines do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Site, you signify your agreement to these Terms, our Privacy Policy and our Guidelines, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

ACCESS TO THIS SITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time without notice.

RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

We reserve the right to change or modify any of the terms and conditions contained in the Terms and Guidelines from time to time at any time, without notice, and in our sole discretion. If we decide to change these Terms, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms or Guidelines will be effective upon posting. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms and our Guidelines and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

U.S. LAW APPLIES
This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products is legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

VIEWING INFORMATION
While we make every effort to accurately display the colors of packaging and products, the actual colors you see may vary because the colors shown on this Site are computer simulations or photographs of the products.

RESPONSIBILITY FOR YOUR CONTENT
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

DISCLAIMER
YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

By purchasing products from this site, you accept all liability for the legality of purchasing these products in your state or jurisdiction.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

THIRD PARTY- LINKS
Facebook and Instagram are linked sites are only for your convenience and therefore you access them at your own risk.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Site.

DISPUTE RESOLUTION
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Atlanta, Georgia (www.jamsadr.com/jams-atlanta and 404-588-0900 “ADR Firm”), or its successor, for mediation. Any party to dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceeding promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Birmingham, Alabama, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Birmingham, Alabama. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU AND COMPANY ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.

No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms of Service will be governed and interpreted pursuant to the laws of Alabama, United States of America, notwithstanding any principals of conflicts of law. You specifically consent to personal jurisdiction in Alabama in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter thereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Alabama. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the site must be brought within one (1) year from the date on which such claim or action arose or accrued. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our privacy policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

HEALTHCARE DISCLAIMER
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. If you are taking any medication or are under treatment for any disease, please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
The Company 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 site. To the extent that any medical information on this site is provided it is solely for informational purposes only, and is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exists on all text, images and original stories/videos/photos relating to Ohm Creations, LLC and the full content of this website.“Ohm Creations, LLC” are trademarks of the Company and/or BDK Group, LLC as applicable, in the United States and elsewhere. The “Ohm Creations, LLC” name and names of any other products including on this website are also trademarks of BDK Group, LLC and may be registered in the United States and other countries. The brand names and logos of Ohm Creations, LLC are trademarked.

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