OVERVIEW

ohora is operated by Glluga Seoul Inc. Throughout the website at www.ohora.com (“Site”) and this Terms of Service, the terms “ohora,” “we”, “us” and “our” refer to Glluga Seoul Inc. Glluga Seoul Inc offers this Site, including all information, tools and services available to you, including visiting the Site and purchasing products from us (collectively, the “Services”), to our users (“user(s),” “you,” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

By engaging in our Services, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your use of the Site is also subject to our Privacy Policy and any other policies or guidelines posted on the Site or incorporated into these Terms by reference.

 SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or territory of residence, or that you are the age of majority in your state, province, or territory of residence and you have given us your consent to allow any of your minor dependents to use this Site.                                You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Customs and import charges

As a buyer, it’s your responsibility to check which customs and import charges may apply, and to pay them. We might be able to give you some information about import charges, but before you buy an item, it's a good idea to check with your country's customs office for more specific details.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, exploit, or otherwise use any portion of the Service, use of the Service, access to the Service, or any content, feature, or contact made available through the Site in connection with the Service, for any commercial purpose without our express prior written consent.                                  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.                  This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - 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.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 

The products, services, and any samples made available on this Site are for personal, non-commercial use only. You may not purchase, sell, resell, or otherwise attempt to distribute any products, services, or samples you purchase or otherwise receive from us for any commercial purpose or in connection with any unauthorized resale, distribution, or export activity, unless expressly authorized by us in writing.

We reserve the right, with or without notice, to limit the quantities of any products or services that we offer, to limit or prohibit sales to any person, household, geographic region, or jurisdiction on a case-by-case basis, and to refuse, limit, or cancel any order that we believe, in our sole discretion, may result in a violation of these Terms.

Unless expressly stated otherwise by us in writing, all offers, promotions, discounts, loyalty benefits, referral benefits, and other incentives made available on the Site apply only to purchases completed directly through www.ohora.com and may not be applied to, combined with, or redeemed in connection with purchases made through any third-party platform, marketplace, social commerce channel, or retail location. This includes, but is not limited to, TikTok Shop, Amazon, influencers, affiliates, or any physical retail locations, including Target and Walmart. We are not responsible for fulfilling or honoring site-specific promotions, discounts, or benefits in connection with purchases made through third-party channels.

We reserve the right, in our sole discretion, to refuse, limit, or cancel any order that appears to be placed by or for dealers, resellers, distributors, or other parties engaged in bulk purchasing or purchasing for unauthorized commercial redistribution, including through third-party marketplaces or similar channels.  This includes but is not limited to Amazon, eBay, TikTok Shop, or other similar channels.

All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We reserve the right, in our sole discretion, to cancel, refuse, or void any order where a discount code, promotional offer, referral benefit, loyalty benefit, or similar incentive was applied in error, obtained through unauthorized sources (including but not limited to coupon aggregator sites or leaked influencer codes), or used in a manner that we determine constitutes misuse, abuse, fraud, or a violation of the applicable promotion terms. We may exercise this right even after an order confirmation has been issued or payment has been received.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 

By submitting, posting, or otherwise providing any comments, reviews, photos, videos, or other materials to us through the Site or in connection with our Services, including product reviews and other content made available through the Site (collectively, “User Content”), you grant Glluga Seoul Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up right and license to host, store, use, copy, reproduce, modify, adapt, disclose, publish, broadcast, perform, display, reformat, translate, transmit, create derivative works from, and distribute such User Content in connection with operating, providing, improving, marketing, and promoting the Site, our products, and our Services.

To the extent you separately submit, provide, or otherwise authorize us to use social media content for reposting, featuring, testimonial, or other marketing purposes (“Social Media Content”), you also grant us the right to use the applicable Social Media Content together with your social media handle, username, profile name, caption text, likeness, image, voice, and other identifying information included in that content, solely in connection with our authorized use of that Social Media Content. We may request or rely on separate consent, authorization, or release from you before using any such identifying information associated with the Social Media Content for advertising, promotion, or other publicity-related purposes. For purposes of these Terms, Social Media Content is deemed to be User Content. Accordingly, all obligations, representations, warranties, and restrictions that govern User Content under these Terms shall apply with equal force to Social Media Content. 

You represent and warrant that: (a) you own or otherwise control all rights necessary to grant the rights and licenses described in this Section; (b) your User Content is accurate and not misleading; (c) your User Content does not violate these Terms, applicable law, or the right of any third party, including any intellectual property, privacy, or publicity rights; and (d) if you received compensation, free product, discounts, or any other incentive in connection with the creation or posting of User Content, you have made any disclosures required by applicable law. Except as prohibited by applicable law, you also waive any moral rights you may have in User Content you submit to us, and you warrant that moral rights have not otherwise been asserted in your User Content. 

Except as otherwise required by applicable law or expressly agreed by us in writing, we are and shall be under no obligation to maintain any User Content in confidence, compensate you for any User Content, or respond to any User Content.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments and other User Content will not violate any rights of any third-party, including any copyright, trademark, trade secret, privacy, publicity, or other personal or  proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 SECTION 10 - PERSONAL INFORMATION

10.1 Privacy Policy: Your submission of personal information through our Services is governed by our Privacy Policy. Please review our Privacy Policy for information regarding how we collect, use, and disclose personal information.  

10.2 Mobile Messaging Terms: ohora may offer users the opportunity to affirmatively opt in to receive recurring marketing or promotional text messages, including SMS or MMS messages, such as promotional offers, product updates, and cart reminders. By separately opting in to receive such messages through an available sign-up form, checkbox, or other consent mechanism we make available, you agree that we may send recurring automated promotional and personalized marketing text messages to the mobile number you provided at the time of opt-in or otherwise associated with your account. Your consent to receive automated marketing text messages is not a condition of purchase. Message frequency may vary. Message and data rates may apply. ohora, its service providers, and participating mobile carriers are not liable for delayed or undelivered messages.

You may opt out of receiving marketing text messages at any time by replying STOP to any marketing or promotional text message you receive from us, or by following any other opt-out instructions as may be provided in the message. After you opt out, you may receive one additional message confirming that your request has been processed. For help, contact us by email at help_us@ohora.com.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The foregoing limitations may not apply to residents of certain jurisdictions, including New Jersey, to the extent prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE PRODUCT AT ISSUE OR ONE HUNDRED DOLLARS ($100).

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - DISPUTE RESOLUTION. ARBITRATION & CLASS ACTION / WAIVERS FOR USERS IN THE UNITED STATES 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

18.1 Informal Dispute Resolution. We want to address your concerns without needing a formal legal case.  Most concerns may be quickly resolved in this manner. For any dispute with ohora, you agree to first contact us at help_us@ohora.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The Parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on these  Terms and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.

18.2  Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services, the Privacy Policy, or these Terms, including but not limited to its formation, performance, breach or alleged breach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration.

The Parties acknowledge that these Terms evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of this Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Except in the event of a Mass Arbitration (as defined below), the Parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by these Terms, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  The seat of the arbitration will be decided pursuant to the JAMS Rules. You or ohora may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The Parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

18.3  Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

18.4 Exceptions to Arbitration. Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction provisions in Section 18.8 below.

Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

18.5  Exception—Mass Arbitration Before NAM. Notwithstanding the Parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the Parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by these Terms, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

18.6  30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at help_us@ohora.com and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with ohora through arbitration.  The notice must be sent within thirty (30) days of your first use of the Service following the effective date of these Terns; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

18.7  Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.

18.8  Forum.  To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles Country, California, and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles Country, California  (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to these Terns to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.

18.9 Governing Law. These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws principles, except that the Federal Arbitration Act, 9 U.S.C. Sections 1-16, shall govern the interpretation and enforcement of Sections 18.2 through 18.5 below.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help_us@ohora.com

SECTION 21 - MEMBERSHIP & REWARDS PROGRAM

21.1 Program Overview and Eligibility: From time to time, ohora may offer one or more membership, loyalty, or rewards programs that allow customers to earn points, credits, or other promotional benefits (collectively, “Points”) (the “Program”). Participation in the Program is subject to these Terms of Service and any additional rules or policies that may be posted on our website from time to time. Membership is limited to individual consumers for personal, non-commercial use only. ohora reserves the right to limit, suspend, or terminate participation in the Program for any user suspected of resale, commercial distribution, bulk purchasing for resale, or any other activity that violates these Terms or that ohora determines, in its reasonable discretion, are abusive or inconsistent with the intent of the Program. ohora reserves the right to interpret and apply the terms of the Program in its sole discretion.

21.2 Nature of Points (Promotional Benefit): Points, rewards, and any other benefits accrued under the Program are provided solely as promotional benefits at the discretion of ohora.

Points:

• do not constitute personal property
• do not create any vested right or entitlement
• have no monetary or cash value

Points are not redeemable for cash or cash equivalents and may not be sold, transferred, assigned, exchanged, or otherwise distributed to any other person, entity, or account for any reason.

21.3 Earning and Redemption of Points: Points may be earned through eligible purchases or other qualifying activities as determined by ohora from time to time.

ohora reserves the right, in its sole discretion, to determine:

• which purchases or actions qualify for Points
• the number of Points awarded
• the methods by which Points may be redeemed

Points may only be redeemed through the redemption methods made available by ohora and may not be used outside the Program.

Unless otherwise specified by ohora, Points may expire in accordance with the Program rules, website disclosures, or member communications. Without limiting the foregoing, Points may expire after a defined validity period or after a period of account inactivity, and ohora is not responsible for notifying members of Points that are approaching expiration.

21.4 Right to Modify, Suspend, or Terminate:  ohora reserves the right, in its sole and absolute discretion, to amend, modify, suspend, or discontinue the Program, its structure, tiers, or any associated benefits, in whole or in part, at any time and for any reason. 

Such changes may include, without limitation:

• Changes to eligibility requirements for membership;
• Changes to the rate at which Points are earned (“accrual rate”);
• Changes to redemption values, thresholds, or available rewards;
• Alterations to point expiration policies or the overall Program structure;
• The addition, modification, or removal of membership tiers or program benefits.

Where required by applicable law, ohora will provide reasonable notice of material changes to the Program, including by email, website notification, or other reasonable means. Your continued participation in the Program following the effective date of such changes constitutes your acceptance of the revised terms.

21.5 Adjustments, Errors, and Revocation: We reserve the right, in our sole discretion, to adjust, revoke, or cancel Points or rewards that we determine were: (a) credited in error; (b) obtained through fraud, abuse, or misuse of the Program; (c) obtained through the misuse of promotional codes; or (d) associated with orders that are canceled, refunded, or returned. ohora may also suspend or terminate accounts that engage in fraudulent, abusive, or manipulative behavior relating to the Program.

21.6 Program Termination and Forfeiture: If the Program is discontinued or terminated, all unused Points may be forfeited or expire, as permitted by applicable law. ohora shall not be liable for any loss, perceived value, or damages resulting from the modification, suspension, or termination of the Program.

21.7 Account Termination: If a member’s account is suspended, terminated, or closed for any reason, all associated Points may be immediately forfeited, unless otherwise required by applicable law.

ohora reserves the right to terminate a member’s participation in the Program if the member violates these Terms or engages in conduct that ohora determines to be fraudulent, abusive, or inconsistent with the intended purpose of the Program.

 

SECTION 22 - CALIFORNIA CONSUMER RIGHTS NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by email at help_us@ohora.com. Residents of California may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Please review our Privacy Policy for information about how we collect, use, and disclose personal information and for any privacy choices or rights that may be available to you under applicable law. 


Last updated: May 11th 2026