Website Terms and Conditions of Use
The TOU is a binding contract between you and OneTaste and its successors and assigns. By accessing OneTaste.us and the OM Guide, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE CONTAINED IN SECTION 11. If you do not agree to be bound by the TOU, you may not use OneTaste.us and/or the OM Guide.
1. Adults Only
The videos, images, text and simulations on OneTaste.us and in the OM Guide have been created and designed to be used by adults to aid in the learning and instruction of the practice of Orgasmic Meditation®, as developed and taught by Nicole Daedone and OneTaste. You must be at least 18 years of age to use this site.
You agree that the material on OneTaste.us and in the OM Guide is for your own educational use and you will not expose minors to the material. You confirm that you desire to view and interact with the material. You confirm that you believe that the act of two consenting adults, wherein one consenting adult touches the genitals and strokes the clitoris of a consenting adult woman, pursuant to the steps, form and container of Orgasmic Meditation® as developed and taught by Nicole Daedone and OneTaste and as depicted in images on OneTaste.us and in the OM Guide, is neither offensive nor obscene. You confirm that the viewing, reading and downloading of these materials does not violate the standards of your community, town, city, state or country.
You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material contained on OneTaste.us and in the OM Guide. Furthermore, you agree that OneTaste and OneTaste affiliates shall not be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on OneTaste.us and in the OM Guide, you are subjecting yourself and any business entity of which you have any legal or equitable interest to the personal jurisdiction of the State of California should any dispute arise at any time between OneTaste, this website and yourself and/or such business entity.
You've read and fully understand the above agreement, and you affirm or swear that viewing/downloading/receiving these materials does not violate the standards of your community, that you won't make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials and that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.
2. Privacy and Protection of Personal Information
3. Your Information and Email
OneTaste.us and the OM Guide provide videos, images, graphics, and text online to be used by responsible adults. In order to access the OM Guide online, we require you to provide information about yourself including a name and an email address where we can contact you. This need not be your primary email address, just an address where you can receive emails from us.
You agree that we may send communications to the email address you provide for customer service, confirmations, newsletters, offers and other matters. You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.
4. Intellectual Property
© 2017 OneTaste, Inc. All rights reserved. Reproduction or modification of any portion of this website for personal use without the express written permission of OneTaste is strictly prohibited. The materials on this website are intended for instructional purposes only.
OneTaste and the OM Guide are protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store OneTaste.us and the OM Guide content in any form outside of OneTaste.us and the OM Guide and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or distribute any OneTaste.us and/or OM Guide content. You agree that all videos, images, text, data and techniques appearing on OneTaste.us and in the OM Guide and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to cooperate with us in protecting our proprietary and intellectual property rights on OneTaste.us and in the OM Guide. All intellectual property rights on OneTaste.us and in the OM Guide are the sole and exclusive property of OneTaste.
5. Your License to Use OneTaste.us and the OM Guide
We are providing you with access to the OM Guide pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can only use OneTaste.us and the OM Guide subject to the TOU. This license is available to you as long as you are not barred from accessing the OM Guide by applicable law and your account is not terminated by us or by you. If the TOU are not enforceable where you are located, you may not use OneTaste.us and/or the OM Guide. OneTaste reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
6. Restrictions and Prohibited Uses
As a condition of your use of OneTaste.us and the OM Guide, you agree that you will not use any material or information provided on the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any OM Guide or OneTaste server, or the network(s) connected to any OM Guide or OneTaste server, or interfere with any other party's use and enjoyment of any material or information provided on the website. You may not attempt to gain unauthorized access to any web page, other accounts, computer systems or networks connected to any OM Guide or OneTaste server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through OneTaste.us and the OM Guide.
By way of example, and not as a limitation, you further agree that, unless OneTaste has expressly granted you permission in writing, when using OneTaste.us and the OM Guide, you will not:
- Redistribute, decompile, reverse engineer, publish, or copy OneTaste.us or the OM Guide;
- Use OneTaste.us or the OM Guide for the purpose of creating derivative works;
- Use or distribute OneTaste.us or the OM Guide for scientific or clinical research purposes;
- Attempt to impersonate another person or use another person’s the OM Guide account information without authorization;
- Use any trademarks, trade names, service marks, copyrights, or logos of OneTaste;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your license and any account associated with OneTaste.us or the OM Guide, and may also subject you to civil or criminal penalties.
You agree that use of OneTaste.us or the OM Guide is at your own sole risk and that OneTaste.us and the OM Guide are provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, OneTaste and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding OneTaste.us or the OM Guide, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
OneTaste is not a healthcare provider nor a medical or health service and OneTaste.us and the OM Guide are not to be used for the purpose of seeking, and are not providing, medical treatment or advice.
You will indemnify and hold harmless OneTaste, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to OneTaste.us or the OM Guide or the violation of the TOU by you.
You agree that OneTaste and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys' fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any Released Party shall not exceed any fees paid by you to us during your use and/or membership. In addition, should your claim arise from a purchase made on or through our site, your total damages shall not exceed the cost of the product or service purchased.
10. Limitation of Liability
In no event shall OneTaste or its affiliates, officers and/or employees be liable with respect to OneTaste.us or the OM Guide for (i) in the aggregate, any amount in excess of any fees paid by you to subscribe to the OM Guide; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of OneTaste.us or the OM Guide; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
11. Governing Law and Arbitration
These TOU will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. In the event of a dispute arising out of or in relation to OneTaste.us or the OM Guide and/or these TOU, either you or OneTaste may refer the matter to final and binding arbitration by submitting a request for arbitration to JAMS. By using any OneTaste website including OneTaste.us and the OM Guide online, both you and OneTaste acknowledge and agree that binding arbitration shall be the exclusive method for resolving any disputes that may arise between, and they expressly waive their entitlement to have such controversies decided by a court or a jury.
12. Severability and Waiver
If any part of the TOU is held invalid or unenforceable, the remaining provisions of the TOU will remain in full effect. Either party’s failure to enforce any term or condition in the TOU is not a waiver of its right to do so later.
13. Change Policy
We may change, add or remove portions of the TOU at any time, which shall become effective immediately upon posting. It is your responsibility to review the TOU prior to each use of OneTaste.us or the OM Guide and by continuing to use OneTaste.us or the OM Guide, you agree to any changes.
NOTICE REGARDING 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the OneTaste website are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D)