Terms of service

Welcome to oshwellness.com.

The oshwellness.com website (the "Site") is comprised of various web pages operated by Osh Wellness Inc (formerly Freshly Moms, also referred to as Osh Wellness in this Agreement).  oshwellness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of  oshwellness.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

YOUR AFFIRMATIVE ACT OF USING THE SITES SIGNIFIES THAT YOU (A) ARE AT LEAST 18 YEARS OF AGE AND ABOVE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND (B) HAVE READ AND AGREE TO THESE TERMS. If you do not agree to be bound by ALL PROVISIONS OF these Terms, or if these Terms & are not enforceable where you are located, you may not use the Site. We would not provide the Site without the conditions herein. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS, PLEASE DO NOT USE THE SITE.

If you are an individual using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION PROVISION SET FORTH, WHICH, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

CONTENT NOTICE: FURTHER, AS DISCUSSED IN MORE DETAIL ELSEWHERE IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITES, THE ACCURACY OF ANY OPINION OR INFORMATION CONTAINED ON THE WEBSITES, OR THE USE, AVAILABILITY AND RELIABILITY OF ANY SOFTWARE ON THE WEBSITES, INCLUDING THIRD-PARTY TOOLS AND SERVICES INCORPORATED INTO THE SITE (E.G., ANALYTICS SOFTWARE).

Privacy

Your use of oshwellness.com is subject to Osh Wellness Inc's Privacy Policy. Please review our  Privacy Policy, which also governs the Site and informs users of our data collection practices.

As such, by agreeing to these Terms, you are representing that you have reviewed and agree to our Privacy Policy. You understand and agree that (a) we are justifiably relying on this representation in granting you access to the Site and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, we may elect to terminate this agreement with you, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Site or provide us with any information.

Electronic Communications

Visiting oshwellness.com, sending emails to, or otherwise communicating with Osh Wellness Inc constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You further agree that third-party communications service providers may be involved in message transmission and storage, and you consent to their involvement by communicating with us.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Osh Wellness Inc currently uses shopify servers to enable accounts, but may at its sole discretion change this at any time.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Osh Wellness Inc is not responsible for third party access to your account that results from theft or misappropriation of your account. Osh Wellness Inc and its associates reserve the right to refuse or cancel service, change prices of their offerings, terminate accounts, or remove or edit content in our sole discretion.

Video Content

The Site may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Site and is, therefore, provided in connection with our business activities related to the health and wellness. We are not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Site, you agree that we are not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.

Further, the Site may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on the Site and/or your browser (collectively, “Cookies”). Cookies may result in information about your activity on the Site being transmitted from your browser to us and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Websites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of External Sites.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES ON THE WEBSITES RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO EXTERNAL SITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY US UNDER THE VPPA OR SIMILAR LAWS AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST US BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

Children Under Thirteen

Osh Wellness Inc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use oshwellness.com only with the permission of a parent or guardian.

Subscribe and Save

Osh Wellness Inc offers a number of different subscriptions, including ability to subscribe and save on individual products offered.

By purchasing a subscription, you agree that Osh Wellness Inc (and its payment processor) is authorized to charge you the periodic price for the subscription plus any applicable taxes, depending on your jurisdiction, until you cancel your subscription (subject to terms and conditions herein) or Osh Wellness Inc cancels your account.

Although creating an account is not required for checking out a subscription plan, you must make one to manage your deliveries, pause the subscription, skip a delivery or cancel the account. You may also add or remove individual products from your subscription plan by logging into your account.

Deliveries

You are solely responsible for inspecting all deliveries we make of our products. You are advised to arrange to receive the delivery and store it in a dry, cool place soon after delivery, and refrigerate any contents marked 'please refrigerate' if applicable. 

Cancellation/Refund Policy

You may cancel your subscription plan any time before the next order/billing date, by logging into your account. You will not be able to cancel the order once the billing date has passed and the order is created.

You acknowledge and agree that Osh Wellness Inc does not provide any refunds for deliveries that have already been completed.

Coupons and Discounts

Osh Wellness Inc may offer promotional codes and other discounts or promotions on its site and at tradeshows and other venues from time to time at its sole discretion.

Osh Wellness Inc may communicate promotions to you via e-mail, which you will have to option to opt out of.

Osh Wellness Inc is under no obligation to offer these promotions and may cancel them at any time.

Links to Third Party Sites/Third Party Services

oshwellness.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Osh Wellness Inc and Osh Wellness Inc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Osh Wellness Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Osh Wellness Inc of the site or any association with its operators.

Certain services made available via oshwellness.com (e.g. payment processing and delivery) are delivered by third party sites and organizations. By using any product, service or functionality originating from the oshwellness.com domain, you hereby acknowledge and consent that Osh Wellness Inc may share such information and data with any third party with whom Osh Wellness Inc has a contractual relationship to provide the requested product, service or functionality on behalf of oshwellness.com users and customers.

Errors on the Site

The Site may contain errors, inaccuracies, and omissions (“Errors”) and such Errors may relate to product or service information, including descriptions, pricing, promotions, offers, and availability (collectively, “Product Information”). Certain products or services displayed on the Site may have limited quantities and may not always be available.

We reserve the right to correct any Errors and to otherwise change or update the information on the Site at any time and without prior notice. In the event that any Errors affect an order you have placed, and we do not cancel the order (which we have the right but not the obligation to do), your sole remedy is to return your order, to the extent available under any applicable return policy. All prices displayed on the Site are in USD and are subject to change without notice.

We strive to display the colors and other features of our products that appear on the Site as accurately as possible, but we cannot guarantee that your computer monitor’s display of any colors or other features will always be accurate. More generally, we do not warrant that the quality of any products or services purchased or obtained by you will meet your expectations. If a product or service offered on the Site is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to seek to return the product under the terms of the applicable return policy, if any. All decisions related to returns will be made by us, in our sole discretion.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use oshwellness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Osh Wellness Inc that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Osh Wellness Inc or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Osh Wellness Inc content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Osh Wellness Inc and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Osh Wellness Inc or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Osh Wellness Inc account to third party accounts. By connecting your Osh Wellness Inc account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Any information from the Site you put on third party accounts (e.g. social media) remains the sole property of Osh Wellness Inc.

International Users

The Service is controlled, operated and administered by Osh Wellness Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Osh Wellness Inc content accessed through oshwellness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Osh Wellness Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Osh Wellness Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Osh Wellness Inc in asserting any available defenses.

For the avoidance of doubt, if you break or repudiate any of the promises to us you make in this Agreement, to the fullest extent permitted by law, you agree to indemnify and hold us harmless from all liabilities, claims, penalties, and expenses (including reasonable attorneys’ fees of counsel selected in our sole discretion and other legal costs) that arise from or relate to your use or misuse of the Site or your breach of this Agreement.

Informal Dispute Resolution

You and Osh Wellness Inc agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve any controversy, claim, action, or dispute arising out of or related to your use of the Site, including any products or services you obtain via the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (a “Dispute”) informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Osh Wellness Inc. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent as follows:

• For Notices to Osh Wellness Inc: You must send notice by certified mail, Federal Express, or UPS to Osh Wellness Inc., 8 The Green #14924, Dover DE 19901.
• For Notices to You: We will send notice (a) by certified mail, Federal Express, or UPS to the physical address we have on file for you and (b) by electronic mail to the email address we have on file for you (assuming we have both types of contact information on file). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by any reasonable means.

You and Osh Wellness Inc agree to attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is received by the Receiving Party (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Osh Wellness Inc (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Osh Wellness Inc will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Osh Wellness Inc agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

Arbitration

In the event the parties are not able to resolve any Dispute between them, then such dispute shall be resolved by final and binding arbitration pursuant to, and construed in accordance with, the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive the termination of these Terms.

Mass Arbitration

This Section applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.

If you or Osh Wellness Inc files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or Osh Wellness Inc, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules that seek to more cost-effectively resolve Mass Arbitrations. The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures. 

You and Osh Wellness Inc agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms & Conditions are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section, or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Osh Wellness Inc agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Exceptions

Notwithstanding any other provision of the Dispute resolution provisions above, either you or Osh Wellness Inc may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and not removed or appealed to a court of general jurisdiction) and (2) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms, provided that any such claim is brought and maintained on an individual basis. You and Osh Wellness Inc agree that any claims referenced in the preceding sentence must be brought and maintained solely on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Choice of Law and Forum

You agree that the laws of the United States and the State of Delaware govern these Terms, your use of the Site, and any Dispute, without regard to Delaware’s or any other jurisdiction’s conflict of laws rules. Any arbitration conducted pursuant to these Terms & Conditions shall be governed and construed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16), including all defenses thereto.

For the avoidance of doubt, YOU EXPRESSLY UNDERSTAND THAT THE STATE OF YOUR RESIDENCE MAY HAVE DISTINCT LAWS, WHICH COULD PROVIDE MORE, LESS, OR DIFFERENT RIGHTS TO YOU AS IT RELATES TO THESE TERMS, YOUR USE OF THE SITE, AND YOUR RELATIONSHIP TO US. REGARDLESS, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, YOU ARE WAIVING YOUR ABILITY TO ASSERT CLAIMS RELATED TO A DISPUTE UNDER ANY STATE’S LAWS OTHER THAN THE LAWS OF THE STATE OF DELAWARE, TO WHICH YOU AGREE TO BE BOUND BY ENTERING INTO THIS AGREEMENT. 

Except for claims properly submitted to a small claims court in the United States, you further agree that any Disputes not subject to arbitration, shall be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity and (b) we each waive our right to a jury trial with respect to any Dispute.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OSH WELLNESS INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OSH WELLNESS INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OSH WELLNESS INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OSH WELLNESS INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OSH WELLNESS INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Osh Wellness Inc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Osh Wellness Inc as a result of this agreement or use of the Site. Osh Wellness Inc's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Osh Wellness Inc's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Osh Wellness Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Osh Wellness Inc with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Osh Wellness Inc with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Osh Wellness Inc reserves the right, in its sole discretion, to change the Terms under which oshwellness.com is offered. The most current version of the Terms will supersede all previous versions. Osh Wellness Inc encourages you to periodically review the Terms to stay informed of our updates.

No Waiver and Severability

If we do not exercise or enforce any legal right or remedy which is contained in these Terms, or which we have the benefit of under any applicable law or regulation, such action or inaction shall not be taken to be a formal waiver of our rights, and all such rights or remedies shall still be available to us.

If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Contact Us

Osh Wellness Inc welcomes your questions or comments regarding the Terms:

Osh Wellness Inc
8 The Green #14924
Dover DE 19901

Effective as of September 05, 2018
Updated May 8, 2024