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Terms of Use

Ego & ID LLC Terms of Service

Last Updated: March 14, 2023

Please read these Terms of Service carefully.

The Terms of Service (“TOS”) is between you (“you”, “your”, and “user”) and Ego & ID, LLC, and its subsidiaries and affiliates, (“Ego”, “we”, “us” and “our”) and governs your access and use of the Services.  “Services” means any platform, website, application, mobile application, materials, content, products, or services offered by Ego and its third party service providers.

The TOS contain important information about your legal rights.      

THE TOS IS A LEGAL AGREEMENT BETWEEN YOU AND EGO AND GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES SIGNIFIES THAT YOU HAVE READ AND AGREE TO THESE TOS AND EGO’S PRIVACY NOTICE LOCATED AT OKAYINSIDE.COM/PRIVACY ("PRIVACY NOTICE"), AND ANY OTHER RELATED POLICIES OR GUIDELINES MADE AVAILABLE BY EGO. IF YOU ARE AN INDIVIDUAL AGREEING TO THE TOS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY.   IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE THE SERVICES.

As further described in these TOS (and without limitation), you acknowledge the following:

  • Your use of the Services is at your sole risk, and you should consult with a physician or other healthcare professional before commencing coaching, mentoring, habit tracking or wellness activities through the Services. YOU AGREE THAT UNDER NO CIRCUMSTANCES DOES EGO OR ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR PARTICIPATION IN ANY COACHING, MENTORING, HABIT TRACKING OR WELLNESS ACTIVITIES.   

  • DISPUTES ARISING BETWEEN YOU AND EGO WILL BE RESOLVED BY BINDING ARBITRATION, AS MORE SPECIFICALLY SET FORTH IN THE DISPUTE RESOLUTION PROVISION. BY ACCEPTING THE TOS, YOU AND EGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

OVERVIEW

Ego provides opportunities for you and other users to access audio, video, programs, applications, software, photographs, graphics, branding, and other information and materials on or through the Services (“Content”).  The Services  aid users in  addressing certain life situations by providing coaching, mentoring, habit tracking and  instructional wellness programs.  The Services also provide a forum for people to connect, inform and inspire others.    The Services, and the Content made available to users, are designed for informational purposes only. Participation in any activities, programs or practice  is completely voluntary.  By voluntarily undertaking any coaching, habit tracking, mentoring, wellness programs or other activities,  you assume the risk of any resulting injury. 

YOU SHOULD NOT RELY ON ANY CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING USER CONTENT, AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. PLEASE CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY COACHING, MENTORING, HABIT TRACKING, OR  WELLNESS PROGRAM.  IT IS YOUR RESPONSIBILITY TO EVALUATE YOUR OWN MEDICAL AND PHYSICAL CONDITION AND TO INDEPENDENTLY DETERMINE WHETHER TO PERFORM, USE OR ADAPT ANY OF THE INFORMATION PROVIDED THROUGH THE SERVICES.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT THE ADVICE OF YOUR  PHYSICIAN OR OTHER QUALIFIED HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE VIEWED ON THE SERVICES. EGO DOES NOT RECOMMEND OR ENDORSE ANY CONTENT, PRODUCTS, ADVICE, PROCEDURES, PRACTICE, OPINIONS, TESTS, PROFESSIONALS OR INFORMATION THAT MAY BE AVAILABLE OR MENTIONED THROUGH THE SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS OR WELLNESS PROGRAMS YOU MAY CHOOSE TO PURSUE IN USING THE SERVICES.  IF YOU CHOOSE TO PARTICIPATE IN ANY OF THESE ACTIVITIES, YOU DO SO OF YOUR OWN FREE WILL AND ACCORD, KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISKS ASSOCIATED WITH SUCH ACTIVITIES.  YOUR USE OF THE SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIPS BETWEEN US AND YOU.  THE USE OF ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

USE OF THE SERVICE

Access to and Use of the Services.  Subject to these TOS, you may access our website, create an account, and access some Content for free and you may also have the option to access other Content for a fee or on a subscription basis for the fees and payment terms described when you purchase such Content. Ego retains the right, in its sole discretion, to deny access to and use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances within Ego’s control (i.e.: routine maintenance) as well as outside of Ego’s control. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK.

Service Eligibility.  Our website and Services are not directed at children. To access and/or use the Services, you must be at least thirteen (13) years of age or older. You certify that you are at least 13 years old; if you are not, you may not register for or use the Services. If we learn that an individual under age 13 has access to or use of the Services, we will take steps to delete such account and all Content and other information related thereto.  Please review our Privacy Notice regarding collection of information from children. 

Your Ego Account.  In your use of the Services, you may be required to create an account and specify a password in order to use the Services.  To create an account, you must be at least thirteen (13) years of age, provide contact information,  and submit any other form of authentication as determined by Ego in its sole discretion.  You must provide truthful, accurate and current information in connection with your account. You may create one (1) profile that enables you to use the Services, and in such case you will be required, at a minimum, to provide through the Services the following information:  your name, address, phone number, email address, password, billing information and/or an authorization token. You may also voluntarily post a review,  rate a program, or participate in a survey.

You are responsible for updating and correcting information you have submitted to create and/or maintain your account.  Please don’t try to impersonate anyone else when you create your account.  We may refuse to grant you an account with a name that impersonates someone else; or if the name is illegal, vulgar, offensive; or if it may be protected by trademark or other proprietary rights, as determined by Ego in its sole discretion.

You are solely responsible for maintaining the security of your account and the confidentiality of the password you use to access your account.  You acknowledge and agree that Ego shall have no responsibility for any incident arising out of, or related to, your account or account settings.  You are fully responsible for all activities that occur under the account and any other actions taken in connection with it.  You must immediately notify Ego of any unauthorized use of your account, password and/or any other breach of security.  

If Ego, in its sole discretion, determines that you have acted inappropriately; violated any laws; infringed on anyone else’s rights; violated any provision of these TOS, Privacy Notice or any other guidelines or policies of Ego; or that your conduct or User Content would tend to damage our reputation and goodwill; we reserve the right to take down your User Content, suspend or terminate your account (or any part thereof), prohibit you from using the Services, and/or take any appropriate legal actions.  If we delete your account for any of the foregoing reasons, you may not re-register for our Services. We may also block your email address and Internet protocol address to prevent further registration.

Content You Post.  We may provide opportunities for you and other users to add text, create reviews, take notes, or provide other content (collectively “User Content”) on the Services. Once posted, your User Content cannot always be deleted.  You acknowledge and agree that any User Content or communications you post on the Services may be seen and used by others, and is available to the public.  You understand that by posting User Content or communications you have no expectation of privacy for such User Content or communications.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.  

You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content you post. You can only post User Content if you own all rights to that User Content, or if another rights holder has given you permission.  You do not transfer ownership of your User Content simply by posting it. If you hold yourself out as a professional or that you are licensed in any capacity, you represent and warrant that you are actually a professional and/or licensed for the services you provide in the jurisdiction in which you offer such services.  

By posting, sharing, or uploading User Content on or through our Services, you hereby grant to Ego, its affiliates, partners, contractors, licensors and assigns, a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, assignable, sublicensable, and transferable right and license to host, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, distribute, adapt, translate, modify, create derivate works of, disclose and use your User Content.  Without those rights, we could not offer our Services.  Please note that this license continues even if you stop using our Services.  User Content would continue to appear if you shared it with others and they have not deleted it.  You agree to indemnify, release and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Content you post.

If you use any materials or Content covered by intellectual property rights that Ego has and makes available in our Services (for example, images, designs, videos, or sounds), we retain all rights to our Content (but not yours).

Tracking.  Some of the Services are aimed at tracking your activities, movements or lack of movement.  These activity tracking programs rely on sensors and/or GPS functionality that track your movement or rest.  The data and information provided by the activity tracking programs are intended to be a representation of your activity, but may not be completely accurate.  You acknowledge and agree that we are not responsible or liable for any inaccuracy in such data.

User Content Restrictions.  User Content posted on the Services shall not contain inappropriate material as determined by Ego in its sole discretion, including but not limited to:

(a) Illegal content in violation of any applicable federal, state, local, or international laws or regulations, or violates the rights of any other person or entity;

(b) harmful, offensive, inaccurate, abusive or otherwise inappropriate language, including without limitation, bigotry, racism, discrimination, bullying, hatred, or profanity;

(c)  violent, nude, partially nude, pornographic or sexually suggestive content;

(d) comments that do not address the content, reviews, ratings or contains no qualitative value;

(e) information about illegal activities, physical harm or injury to any group, individual, institution or property;

(f)  personal attacks, physical confrontations and/or sexual harassment;

(g) advertising or other information commercial in nature, or inappropriate based on the applicable subject matter;

(h) language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;

(i) viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information; and/or

(j) use of a domain name or URL in your username or in your User Content without Ego prior written consent.

 

Service-related Communications. You agree to receive certain communications in connection with the Services. When you use the Services or send communications to us, you are communicating with us or the other users electronically.  You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our third-party service providers may contact you at that address or number in a manner consistent with our Privacy Notice.  If you send us any communications, those communications will not be deemed confidential information. 

Feedback. You are not obligated to provide any information, suggestions, ideas,  improvements, reviews, enhancements, recommendations, feature requests or other communications to Ego (“Feedback”). Feedback will not be confidential. If you choose to give us Feedback, we reserve the right to reproduce, use, disclose, distribute, or otherwise act on your Feedback without any obligation to you.

Verification. 
Ego cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available on the Services or by any user, nor does Ego assume any responsibility for a user’s conduct. 

Your Conduct and Responsibilities. In addition to the other terms set forth in these TOS and Privacy Notice, or any additional guidelines or policies made available by Ego, you must comply with the following:

(a)   You hereby represent and warrant to Ego that (i) all information provided to Ego by you is true, complete and accurate in all respects, and (ii) you are authorized to submit information to Ego;

(b)   Ego is authorized by you to rely upon the truthfulness, completeness and accuracy of your User Content in order to serve the other users;

(c)    You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;

(d)   You may not access all or any part of the Services in order to build a product or service which competes with the Service;

(e)   You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;

(f)    You are only authorized to view and use small portions of the Content on the Services for your informational, non-commercial use, provided that you do not remove any copyright notices or other proprietary notices from the Service;

(g)   You are responsible for the accuracy, legality and quality of the User Content that you submit and will not violate the intellectual property rights of anyone;

(h)   You will not post any User Content or communications that contain payment card or banking information;

(i)     You agree to act in accordance with all applicable laws, rules and regulations;

(j)     You will not upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other forms of solicitation;

(k)   You shall not imply that user Content is in any way sponsored and/or endorsed by Ego;

(l)     You agree not to intentionally hold Ego, its affiliates, employees, or directors up to public scorn, ridicule or defamation;

(m) You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Ego promptly of any such unauthorized access or use;

(n)   You will not attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes or interfere with the Services in relation to any user in any manner; and

(o)   You shall not use the Services for any unlawful purpose or solicit others to perform or participate in any unlawful acts. 

Ego shall not be subject to any obligations of confidentiality regarding any User Content or any other information or materials submitted by you through the Services except as otherwise specified in this TOS and Privacy Notice; or as set forth in any additional terms and conditions relating to specific products or services utilized by Ego in conjunction with the Service; or as otherwise required by law.  The commercial use, reproduction, transmission, disclosure or distribution of any information, software, Content or other materials available through the Services without the prior written consent of Ego is strictly prohibited.

THIRD PARTY SERVICES AND LINKS

Ego may use third party service providers, products and services to provide the Services (“Third Party Services”).  Ego does not control or endorse any Third Party Services.  The Services may provide links to third-party websites (“Linked Sites”), and Linked Sites are provided for your convenience only.  Ego does not control or endorse Linked Sites, is not responsible or liable for the content therein nor the accuracy, validity or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites.  Ego is also not responsible for any goods or services sold on Linked Sites, and we do not control or endorse any products or services advertised thereon. The Services may contain ads from third parties.  We do not control or endorse any products or services being advertised. You should carefully review the terms of service and privacy statements of any Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.  Your use is at your own risk.  Ego reserves the right to terminate any Linked Sites, or other link and/or linking program at any time in its sole discretion.

FEES

Fee Per Program. Certain designated programs may charge a fee per program.  If you choose to purchase a program, you authorize us to charge you for the fee plus any additional charges such as applicable taxes, cancellation and/or late fees.

Payment.    Unless your Subscription is canceled or terminated prior to the start of the renewal month, your subscription will automatically renew each month and you will be billed each month on the  same day as the date you activated.  At any time, we reserve the right at our sole discretion to adjust the timing of our billing.  If we change the timing of our billing, we will make adjustments to the amounts we charge you in a given cycle, as appropriate.  Any such changes will be communicated to you in advance.  If you do not cancel your Subscription, you will be deemed to have accepted any changes to price or billing terms.  If you do not agree with a price or billing change, you have the right to reject the change by terminating the Services or canceling your Subscription prior to the change going into effect.  Fees are nonrefundable.

Payment Methods.  In the event you purchase programs or enter into a Subscription, you will be asked by Ego, or an authorized third party service provider, to provide certain payment information, including without limitation, your full name, billing address, telephone number, email address, and credit card or PayPal information. You agree to provide us, or our third party service provider, with accurate, complete and current information and agree to comply with all terms and conditions related to payment.  You may edit your payment method information by logging onto the Services and editing your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and additional fees as a result, including collection fees, interest, court costs and attorneys’ fees.  You authorize us to continue billing the payment method, or any other payment method you have provided, including in the event you attempt to create a new account, or reactivate the unsettled account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to suspend or terminate your account and access to our Services or any portion thereof.  

PROPRIETARY RIGHTS AND LICENSES

License.  The Services and Content are proprietary to Ego, our affiliates and licensors. By using the Services and Content, and subject to your compliance with these TOS: (a) Ego grants you a limited, personal, nontransferable, nonexclusive, revocable right (without the right to sublicense) to access and use the Service and Content; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sublicense, sell and/or re-sell the Services or any Content obtained from or through the Services. 

Ownership and Reservation of Rights.  All right, title and interest in its intellectual property, including but not limited to the Services and the Content, remains the exclusive property of Ego or its licensors.  You acknowledge and agree that the Services and Content contain proprietary and confidential information of Ego.  The Services, including the software and the Content, are copyrighted and protected by the laws of the United States.  No rights are granted to you hereunder, except for the limited license granted above.  Ego’s name and logo, or any other trademarks or service marks of Ego, may not be copied, imitated and/or used, without Ego’s prior written permission.   

DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

Ego respects the intellectual property rights of others and expects you to do the same.  The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (“DMCA”) (which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

We reserve the right to block access to and/or attempt to remove material or User Content that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and to remove and discontinue service to repeat offenders.

We require the following information in your notice of copyright infringement: 

(a)   a physical or electronic signature of the owner of the copyright (or a person authorized to act on behalf of the owner);

(b)   sufficient detail about the copyrighted work claimed to have been infringed;

(c)    identification of the URL or other specific location on our websites that contains the material that you claim infringes your copyright;

(d)   your name, mailing address, telephone number and email address;

(e)   a statement by you that you have a good faith belief that such disputed use of the copyright materials is not authorized by the copyright owner, its agent, or the law; and

(f)    a statement that the information in the notice is accurate, and you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.

Your notice may be sent to our Copyright Agent at Ego & Id LLC 1519 W Warren Blvd, Unit 503 PMB 216, Chicago, IL 60607.

The Copyright Agent will not attempt to remove content from the Services in response to phone or email notifications, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services. All other inquiries directed to the Copyright Agent will not be responded to. If a user believes that their content was removed or disabled by mistake or misidentification, the user may send us a written counter-notification.

TERMINATION

Ego reserves the right, in its sole discretion, to immediately terminate your account, access to the Services, or any portion thereof, or any and all User Content, without liability and without prior notice.  Cause for such termination, as determined by Ego in its sole discretion, includes, but is not limited to:  (i) breach or violation of the TOS, the Privacy Notice, or other agreements, policies or guidelines made available by Ego; (ii) engagement in an improper, illegal or fraudulent activity; (iii) requests by law enforcement or other government agencies; (iv) a request by you (self-initiated account deletions); (v) discontinuance or material modification to the Services or any part thereof; (vi) unexpected technical or security issues or problems; (vii) extended periods of inactivity;  and/or (viii) nonpayment of any fees owed by you in connection with the Services, if applicable. Ego may also suspend or terminate your account, access to the Services and/or disable or remove any and all User Content or materials for any reason or no reason whatsoever. Termination of your account includes:  (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and User Content associated with your account; and (c) barring of further use of the Services.  All terminations shall be made at Ego’s sole discretion.  Ego shall not be liable to you or any third party for any termination of your account or access to the Services or Content.

You may terminate this TOS at any time for any reason by notifying Ego in writing at help@okayinside.com. It is your responsibility to make sure that Ego receives your notice of termination as such termination will not be effective until written notice has been received by Ego.

INDEMNIFICATION

You shall indemnify, defend and hold harmless Ego, and its affiliates, directors, officers, agents, employees, contractors, partners and licensors from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature, including attorney’s fees (“Claim”) arising out of or relating to (i) User Content you submit, post, transmit, create, share or otherwise make available through the Service; (ii) your use of the Service; (iii) your violation of any law; (iv) any breach of these TOS or the Privacy Notice; (v) your fraudulent acts, intentional misconduct,  and/or negligence; (vi) your violation of any third party’s rights; or (vii) any fitness, health, strength training, or wellness activities whether provided to you, performed by you or created and shared by you.   

DISCLAIMER OF WARRANTIES

WE PROVIDE OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF CARE.  HOWEVER, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT, USER CONTENT, THE SPECIFIC FUNCTION OF THE SERVICE, THE QUALITY OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR REQUIREMENTS.  WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE.  ACCORDINGLY, YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, CONTENT AND USER CONTENT IS AT YOUR SOLE RISK, AND THE SERVICE, INCLUDING THE CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EGO AND ITS AFFILIATES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS AND LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND ABOUT THE SERVICE AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,  IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE. EGO DOES NOT WARRANT ANY HABIT, ACTIVITY OR PRACTICE PROVIDED ON OR THROUGH THE SERVICE, NOR DOES IT RECOMMEND OR ENDORSE ANY PARTICULAR HABIT, ACTIVITY OR PRACTICE BY PROVIDING SUCH HABIT, ACTIVITY OR PRACTICE ON THE SERVICES. EGO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY THIRD PARTY MATERIALS.  YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER OF THE THIRD PARTY MATERIALS FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES DOES EGO OR ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR PARTICIPATION IN ANY COACHING, MENTORING, HABIT TRACKING OR WELLNESS ACTIVITIES.  EGO IS NOT RESPONSIBLE OR LIABLE FOR USERS ACTS OR OMMISSIONS, INCLUDING ANY DAMAGES OF ANY KIND, WHETHER PHYSICAL INJURY, DEATH OR PROPERTY DAMAGE, INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.

EXCEPT WHERE PROHIBITED, EGO AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,  CONTRACTORS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, CONTENT OR ANY THIRD PARTY’S USE OF THE SERVICES OR CONTENT. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, GOODWILL, LOSS OF USE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF EGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES.  ACCORDINGLY, EGO’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE YOUR USE OF THE SERVICES. 

DISPUTE RESOLUTION

Disputes.  We want to address your concerns without filing a formal legal case.  Before filing a claim against Ego, you agree to try to resolve the dispute informally by contacting us at help@okayinside.com.  We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Ego agree to resolve any claims related to this TOS through final and binding arbitration, except as set forth under the Exceptions to Agreement to Arbitrate section or the Opt-Out Section, as described below.

Opt-Out.  You can opt-out and decline this agreement to arbitrate by contacting Ego within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this TOS).  You must write us at Ego & Id LLC 1519 W Warren Blvd, Unit 503 PMB 216, Chicago, IL 60607.  If you opt out, neither you nor Ego can require the other to participate in an arbitration proceeding.

Arbitration Procedures.  Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below or if you opt out of arbitration, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Chicago, Illinois or any other location we agree to. Each party shall bear the burden of its own attorney’s fees incurred in connection with any arbitration proceedings.

Exceptions to Agreement to Arbitrate.   Either you and/or Ego may assert claims, if they qualify, in small claims court in Illinois. Ego may also bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, breach of Ego’s confidential information, or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Ego agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Illinois.  Both you and Ego consent to the foregoing venue.

CHANGES AND MODIFICATIONS

We reserve the right to modify our Services, these TOS or Privacy Notice at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature. We also reserve the right to charge a fee for any of our features at any time so check back regularly.  If you do not agree to the changes, you should stop using the Services.  By continuing to use or log in to the Services after any changes have been made, you indicate your agreement to the changes, including any revised TOS. We will update the “Last Updated” date above when we update these TOS.

MISCELLANEOUS
These TOS are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.  If you do not comply with these TOS, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including the right to take action in the future. If a particular provision in these TOS is not enforceable, that will not affect any other provision herein.

CONTACTING US

If you would like to request additional information regarding this TOS, the Privacy Notice or for any questions, please contact us as at help@okayinside.com.

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