Terms of Service

Last updated: September 27, 2024 11:37 AM

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using new.ohmyhi.com Website (the “Website”) operated by Launder Enterprises, LLC, a(n) LLC formed in California (“us”, “we”, “our”), dba Oh My Hi as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer goods, services, and digital products on this Website. The price of these goods, services, and digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Stripe. We are not responsible for the collection, use, sharing or security of your billing information by these third-party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We do not offer you the ability to cancel any purchases that you have made of the goods, services, and digital products offered on our Website.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the goods, services, and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 10 days of your purchase date by contacting us.

We offer refunds on any purchases made of the goods, services, and digital products offered on our Website for any reason except for any physical products purchased. Refunds are not offered for physical products after shipment, but replacement products or partial refunds will be offered for any defective products.

You are not required to ship your purchased goods back to us to receive a refund.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.

We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.

No warranty on purchases

The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

replacement;
price reduction.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month or year, depending on which plan the user chooses.

You may revoke your subscription by contacting us within 10 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the subscription once you revoke.

There is no minimum purchase required to qualify for the subscription.

Automatic renewals of subscriptions

When you purchase a subscription on the Website, your subscription will automatically renew. The renewal interval varies depending on which plan the user chooses and will be displayed on the checkout page. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via the following means:

Email – [email protected];
Through the Website.

Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

You must provide us with 1 days notice prior to your automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Specific Service Terms

Oh My, Hi Websites

Oh My, Hi enables you to create beautiful websites, and we would love for you to use it.

We don’t own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website.

If you find an Oh My, Hi website that you believe violates these Terms, please let us know by emailing [email protected].

Your Oh My, Hi Website’s URL

If you create a website on Oh My, Hi, you get free use of an Oh My, Hi-owned subdomain, like yourgroovysite.ohmyhi.com. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains. You can also use a custom domain that you have purchased with your Oh My, Hi website. We will help with the setup of your custom domain name.

Access

A user account with “Editor” level permissions will be created for you. This account grants you access to create pages, posts, and forms and update all content on your website. It does not grant you access to the code or server used to run your website. You may export the content you have created and uploaded to your website including images, pages, posts and forms, but this export does not include any of the code or server-level configurations. Please contact us at [email protected] to have an export file generated.

License

By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website.

Removing Content

If you delete Content, we’ll use reasonable efforts to remove it from public view, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Prohibited Uses

Your Content and conduct must not violate the guidelines below. These guidelines provide information on a few categories of content and behavior that we don’t permit because we consider them harmful to the community. To be transparent about what is and isn’t allowed on your site, we’ve put together this set of guidelines. The following activity/material isn’t allowed on Oh My, Hi.

Illegal content and conduct.

Self-explanatory.

Intellectual property infringement.

Oh My, Hi is a publishing, rather than a file sharing platform, so we recognize that copyrighted materials are often used in fair use context. We strongly support this and urge copyright holders to take this into consideration before submitting complaints. If you’re not sure, a good rule of thumb is to always ask the rights holder for permission before republishing their content.

Sexually explicit material.

We know that there may be different definitions of this, but generally, we define sexually explicit material as visual depictions of sexually explicit acts and nudity.

Gambling.

Discussing gambling on your site isn’t a problem. However, operating an online gambling service (including poker) is not allowed. Please also be aware that if your site is primarily designed to link to other gambling sites, we consider this spam, and a breach of the user guidelines.

Technologically harmful content.

Please don’t upload or link to malware, spyware, adware, or other malicious or destructive code.

Impersonation.

Don’t claim to be a person or organization you’re not.

Directly threatening material.

Do not post direct and realistic threats of violence. That is, you cannot post a genuine call for violence—or death—against an individual person, or groups of persons.

Posting private information.

Don’t share someone’s personal information without their consent. This includes collecting sensitive information in contact forms such as account passwords and credit card numbers, to name a couple.

Weapons.

We allow content regarding weapons but strictly prohibit anything detailing how to manufacture a weapon.

Hotlinking to Oh My, Hi.

Your Oh My, Hi site shouldn’t host files that will only be used on other sites.

Spam or machine-generated content.

In general, sites such as those primarily dedicated to drive traffic to third party sites, boost SEO, phish, spoof, or promote affiliate marketing aren’t allowed. We don’t want you to pollute the web outside of Oh My, Hi either, so we ask you to please avoid sending unwanted or unsolicited promotions or emails about your site, even if it’s not on Oh My, Hi.

Bear in mind that these are just guidelines — interpretations are solely up to us. These guidelines are not exhaustive and are subject to change.

If you believe an Oh My, Hi site has violated our Terms of Service or any of these policies, please report the site by sending an email to [email protected]. We aim to promptly review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the site owner to inform him/her of the complaint.

If we’re not in a position to make a determination (for example, whether something is defamatory or not), we defer to the judgment of a court.

HTTPS. We offer free HTTPS on all Oh My, Hi websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on Oh My, Hi, you authorize us to represent that you have the power and authority to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is powered by Oh My, Hi.

Oh My, Hi Email Marketing and CRM

In order to protect our platform, overall deliverability, and help ensure the success of our users, there are certain industries, niches, and types of content that we do not allow at Oh My, Hi.

Prohibited Content

We reserve the right to close an account at any time, including but not limited to inappropriate use.

The following is considered “inappropriate use” of the Email Marketing functions of an Oh My, Hi account:

Content that in any way exploits minors under 18 years of age.
Viruses, worms, phishing, malware, or any other potentially harmful software.
Purchased subscriber lists, scraped lists, or any other form of non-permission based list collection.
Disguised self-identity, website, or industry.
Online pharmacies or the sale of prescription medicine.
Adult content that is non-educational or non-artistic in nature.
Get rich quick schemes.
Content that may incite violence, illegal activity, or contain hate speech.
Misrepresenting or impersonating another individual, business, or association with an individual or business.
Content or actions that violate the CAN-SPAM Act or other anti-spam laws.
Poor performance due to your list collection methods or low quality content.
Any content that is reported to us as unsolicited or may be perceived as spam.
Content that is unoriginal, plagiarized, or copied from another individual or organization.
Any content we deem to be potentially harmful or misleading.
Oh My, Hi forms may not be used to collect passwords. We also don’t allow the storage of subscribers’ password information within your Oh My, Hi account.

Important: If you are found in violation of the above terms, your account may be closed immediately and without prior notice. A refund will not be provided. Export of any account data or details will be at Oh My, Hi’s discretion.

Industries and Content Subject to Additional Scrutiny

In addition to the strictly prohibited categories above, there are industries and niches that we are not the best fit for, or may allow some versions of but not others. We will evaluate on an account-by-account basis. These include, but are not limited to:

Trading and Crypto or Bitcoin: We allow educational information on the topics of trading, financial markets, bitcoin, etc. However, we do not allow content that sells or gives (through purchase or lottery) monetary or similar funds, or content that promises wealth or get-rich-quick type offers. We allow creators to promote NFTs through their emails alongside their regular content, but we don’t allow senders who are solely NFT-sellers.
Gambling or betting-related sites: We allow email content that discusses betting but we don’t allow content that facilitates gambling or betting, regardless of legality.
CBD, Marijuana, or Supplement Marketing: We allow educational content and marketing materials surrounding supplements, and allow the same regarding Marijuana, provided it is legal in the account owner’s and Subscriber’s jurisdictions. However, we do not allow such content where it is deemed illegal nor do we allow misleading or potentially harmful information, or ‘magic in a bottle’ types of promises or offers.
Weapons: We allow content regarding weapons but strictly prohibit anything detailing how to manufacture a weapon.
Multi-level Marketing: We allow the promotion and education of multi-level marketing products. However, we do not allow pyramid schemes, or misrepresenting the product or program in any way.

Account Health

In addition to the above, we continually monitor accounts to ensure best practices are being followed. We review bounce, spam complaint, and unsubscribe rates to ensure accounts are operating within our terms. Elevated bounce, complaint or unsubscribe rates may result in manual review, suspension, or termination of the account. Any account closed for such a reason will not be entitled to a refund or export of any data or details including Subscriber lists.

Permission

Oh My, Hi promotes a permission-based email marketing strategy. We require that all Subscribers have given permission to receive marketing emails from the sender, or have purchased an item from the sender within the past 12 months. For Subscribers collected through Oh My, Hi Forms, a double opt-in may serve as proof of permission.

Termination of Account

If your account is canceled for any of the above reasons, including prohibited content, low performance, poor collection methods, or any other compliance reason, you will not be eligible for a refund and you will not be allowed to open a new account.

Comments and uploading content

By submitting a comment or uploading onto this Website, you grant Launder Enterprises, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your comment or content does not violate any laws, rules or regulations. We reserve the right to remove any comment or content at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

Content that harasses others;
Content that is discriminatory or offensive;
Swearing, name calling and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Launder Enterprises, LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Launder Enterprises, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Launder Enterprises, LLC has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, LAUNDER ENTERPRISES, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF LAUNDER ENTERPRISES, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO LAUNDER ENTERPRISES, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF LAUNDER ENTERPRISES, LLC. The aggregate liability of Launder Enterprises, LLC arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Launder Enterprises, LLC from you.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2021 – 2024 Launder Enterprises, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Launder Enterprises, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Launder Enterprises, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Jeremy Launder at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Launder Enterprises, LLC
Jeremy Launder
[email protected]
6519 Bisby Lake Ave #191581, San Diego, CA 92119
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in San Diego County, California.

You and Launder Enterprises, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].