one.bio
Product and Service Terms
Last Updated: August 6, 2026
Welcome, and thank you for your interest in One Bio Inc. (“one.bio,” “we,” or “us”) and our website at www.one.bio, along with our related websites, our fiber and dietary supplement products (“Products”), and other services provided by us (“Services”). These Product and Service Terms are a legally binding contract between you and one.bio regarding your use of the Products and Services.
Please read the following terms carefully:
BY PURCHASING A PRODUCT, OR BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ONE.BIO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to These Terms, then you do not have our permission to use the Products and Services. YOUR USE OF THE PRODUCTS AND SERVICES, AND ONE.BIO’S PROVISION OF THE PRODUCTS AND SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY ONE.BIO AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 13 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ONE.BIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. one.bio Products and Services Overview
one.bio provides various products that support a healthy lifestyle, including dietary fiber, and related services focused on wellbeing and educational content.
The information made available through our Products or Services is not a substitute for any professional or medical advice. All information provided by one.bio is for general informational purposes only. Use of any Products or Services is subject to additional terms and conditions, including applicable product labeling and instructions for use. You understand that none of the Products or product-related statements have been evaluated by the U.S. Food and Drug Administration and that none of the Products or Services provided by one.bio is intended to diagnose, treat, cure, mitigate or prevent any disease or health condition. If you have any questions regarding your health or a medical condition, consult with a doctor. You should not use any Products or Services to replace any treatment or professional advice received from your doctor.
IN THE CASE OF A MEDICAL EMERGENCY, CALL 911 OR SEEK ASSISTANCE FROM A MEDICAL PROFESSIONAL IMMEDIATELY.
2. Eligibility
You must be at least 18 years old to use the Products and Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been blocked, suspended or removed from the Services; and (c) your registration and your use of the Products and Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. General Payment Terms
Receiving the Products and Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law or as set forth in Section 3.5 (Returns and Refunds).
3.1 Price
one.bio reserves the right to determine pricing for the Products and Services. one.bio will make reasonable efforts to keep pricing information published on the Products and Services up to date. We encourage you to check our pricing page periodically for current pricing information. one.bio may change the fees for any feature of the Products and Services, including additional fees or charges, if one.bio gives you advance notice of changes before they apply. one.bio, at its sole discretion, may make promotional offers with different features and different pricing to any of one.bio’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
3.2 Authorization
You authorize one.bio to charge all sums for the orders that you make and any level of Products and Services you select as described in these Terms or published by one.bio, including all applicable taxes, to the payment method specified in your subscription. If you pay any fees with a credit card, then one.bio may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
3.3 Subscription Products and Services
The Products and Services may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Products and Services. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your subscription (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize one.bio or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see the pricing shown at checkout. Your subscription will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews and before any product is shipped to you in order to avoid billing of the next periodic Subscription Fee to your subscription. one.bio or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your subscription or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at vitality@one.bio. Your cancellation must be received before the renewal date AND BEFORE ANY PRODUCT IS SHIPPED TO YOU in order to avoid charge for the next subscription period.
3.4 Delinquent Accounts
one.bio may suspend or terminate access to the Products and Services, including fee-based portions of the Products and Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Products and Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then one.bio reserves the right to delete your subscription and any information associated with your subscription without any liability to you.
3.5 Returns and Refunds
one.bio wants you to feel confident trying our Products. If you are not satisfied with your purchase, we accept returns and refunds. To initiate a return or request a refund, please contact us at vitality@one.bio within 14 days of receiving your order. Once your refund is approved, please allow 3–10 business days for the refund to be processed and reflected on your original payment method, depending on your bank and Shopify’s processing timelines. If you received the wrong Product, please contact us at vitality@one.bio within 14 days of delivery, and we will be happy to assist you.
4. Licenses
4.1 Limited License
Subject to your complete and ongoing compliance with these Terms, one.bio grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services.
4.2 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Products and Services; (b) make modifications to the Products; (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism; (d) sell, resell, or offer for sale or resale any of the Products and Services. If you are prohibited under applicable law from using the Products and Services, then you may not use them.
4.3 Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Products and Services (“Feedback”), then you hereby grant one.bio an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Products and Services and create other Products and Services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
5. Ownership; Proprietary Rights
The Services are owned and operated by one.bio. The Product formulation, ingredients, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Products and Services provided by one.bio (“Materials”) are protected by intellectual property and other laws. All Materials included in the Products and Services are the property of one.bio or its third-party licensors. Except as expressly authorized by one.bio, you may not make use of the Materials. There are no implied licenses in these Terms and one.bio reserves all rights to the Materials not granted expressly in these Terms.
6. Communications
6.1 Text Messages
By providing your mobile number, you agree that one.bio may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
- You will receive up to 30 messages per month.
- You may unsubscribe at any time by texting the word STOP to (916) 303-1539. You may receive a subsequent message confirming your opt-out request.
- For help, send the word HELP to (916) 303-1539.
- Message and data rates may apply.
- United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
- T-Mobile is not liable for delayed or undelivered messages.
- You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
If you have any questions, please contact one.bio at vitality@one.bio.
Will I be charged for the text messages I receive? Though one.bio will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.
Your replies come to us, and we keep them with your account records, including the text of the message and when you sent it. We may use them to respond to you, to improve the Services, and in aggregated or de-identified form as described in our Privacy Policy. Text messaging is not a secure or confidential channel. Please do not send us anything by text that you would not want sent by ordinary text message, including detailed health information, and never send payment card or financial details.
Stopping the texts does not cancel your subscription and does not stop your emails. To cancel the subscription, see Section 3.3 (Subscription Products and Services).
Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and your device, and we cannot guarantee it.
6.2 Email
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
7. Community Platform
Participants may choose to join an optional WhatsApp group. Participation is voluntary. Messages sent through WhatsApp are subject to WhatsApp’s own Terms and Privacy Policy. one.bio is not responsible for the operation of WhatsApp or for content shared by participants.
8. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should discontinue your use of the Products and Services. Except as expressly permitted in this Section 8 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
9. Term, Termination, and Modification of the Services
9.1 Term
These Terms are effective beginning when you accept the Terms or first purchase a Product or use the Services, and ending when terminated as described in Section 9.2 (Termination).
9.2 Termination
one.bio may, at its sole discretion, terminate these Terms or your subscription, or suspend or terminate your access to the Products and Services, if you violate any provision of these Terms. In addition, one.bio may, at its sole discretion, terminate these Terms or your subscription on the Services, or suspend or terminate your access to the Products and Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your subscription and these Terms at any time by contacting customer service at vitality@one.bio.
9.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your subscription or the Services; (c) you must pay one.bio any unpaid amount that was due prior to termination; (d) you will no longer be able to purchase Products; and (e) all payment obligations accrued prior to termination and Sections 4.3 (Feedback), 5 (Ownership; Proprietary Rights), 9.3 (Effect of Termination), 10 (Indemnity), 11 (Disclaimers; No Warranties by one.bio), 12 (Limitation of Liability), 13 (Dispute Resolution and Arbitration), and 14 (Miscellaneous) will survive. If your subscription has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Services using a different name, email address, or other forms of account verification.
9.4 Modification of the Services
one.bio reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain Products or features of the Services), temporarily or permanently, without notice to you. one.bio will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services.
10. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify one.bio, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “one.bio Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Products and Services; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
11. Disclaimers; No Warranties by one.bio
THE SERVICES, THE PRODUCTS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, ONE.BIO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, PRODUCTS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ONE.BIO DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ONE.BIO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. ONE.BIO DISCLAIMS ANY WARRANTY FOR THE PRODUCTS WHICH IS NOT REQUIRED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ONE.BIO ENTITIES OR ANY PRODUCTS, MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ONE.BIO ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA.
THE PRODUCTS AND SERVICES, AND ALL MATERIALS AND CONTENT PROVIDED BY ONE.BIO WITH, ON, OR THROUGH THE PRODUCTS AND SERVICES, DO NOT CONSTITUTE MEDICAL, CLINICAL OR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY MEDICAL CONDITION OR HEALTH PROBLEM.
ALL PRODUCT INFORMATION PRESENTED BY ONE.BIO THROUGH THE SERVICES IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED THROUGH THE SERVICES, INCLUDING DIETARY PRODUCTS, ARE NOT INTENDED FOR THE USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE THROUGH THE SERVICES, INCLUDING THOSE MADE BY OTHER USERS. IN PROVIDING PRODUCT INFORMATION TO ITS CUSTOMERS, ONE.BIO RELIES IN PART ON PRODUCT DESCRIPTIONS FURNISHED BY MANUFACTURERS, WHOLESALERS, AND OTHER THIRD PARTIES. IF YOU BELIEVE THAT ANY INFORMATION IS NOT ACCURATE, PLEASE CONTACT US AT VITALITY@ONE.BIO.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 (Disclaimers; No Warranties by one.bio) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. one.bio does not disclaim any warranty or other right that one.bio is prohibited from disclaiming under applicable law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ONE.BIO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS, SERVICES, OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ONE.BIO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS LIMITS ONE.BIO’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ONE.BIO’S NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION LAWS.
EXCEPT AS PROVIDED IN SECTIONS 13.5 (Commencing Arbitration) AND 13.7 (Arbitration Relief) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ONE.BIO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS AND SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ONE.BIO FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR (b) US$500. THE FOREGOING LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY DEFECTIVE PRODUCTS.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Dispute Resolution and Arbitration
13.1 Generally
Except as described in Section 13.2 (Exceptions) and 13.3 (Opt-Out), you and one.bio agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ONE.BIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13.2 Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
13.3 Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 13 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to One Bio Inc., Attention: Legal Department – Arbitration Opt-Out, 2535 Capitol Oaks Dr. Ste 130, Sacramento, CA 95833 that specifies: your full legal name, the email address associated with your subscription on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once one.bio receives your Opt-Out Notice, this Section 13 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 14.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
13.4 Arbitrator
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting one.bio.
13.5 Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). one.bio’s address for Notice is: One Bio Inc., 2535 Capitol Oaks Dr. Ste 130, Sacramento, CA 95833. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or one.bio may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
13.6 Arbitration Proceedings
Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or one.bio must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
13.7 Arbitration Relief
Except as provided in Section 13.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by one.bio before an arbitrator was selected, one.bio will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
13.8 No Class Actions
YOU AND ONE.BIO 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13.9 Modifications to this Arbitration Provision
If one.bio makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to one.bio’s address for Notice of Arbitration, in which case your subscription with one.bio will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
13.10 Enforceability
If Section 13.8 (No Class Actions) or the entirety of this Section 13 (Dispute Resolution and Arbitration) is found to be unenforceable, or if one.bio receives an Opt-Out Notice from you, then the entirety of this Section 13 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 14.2 (Governing Law) will govern any action arising out of or related to these Terms.
14. Miscellaneous
14.1 General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and one.bio regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
14.2 Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and one.bio submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
14.3 Privacy Policy
Please read the one.bio Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The one.bio Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
14.4 Additional Terms
Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
14.5 Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14.6 Contact Information
The Services are offered by One Bio Inc., located at 2535 Capitol Oaks Dr. Ste 130, Sacramento, CA 95833. You may contact us by sending correspondence to that address or by emailing us at vitality@one.bio.
14.7 Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
14.8 No Support
We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
14.9 International Use
The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.