Noho Health Inc. (“Noho Health,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our online services (the “Services”), which are made available to you through our website located at Takecareof.com (the “Website”).

We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by email (sent to the email address specified in your account) prior to the changes becoming effective.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. NO MEDICAL ADVICE

You acknowledge and agree that Noho Health does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Noho Health does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

2. DESCRIPTION AND USE OF SERVICES

Through the Services, we help you to build your own pack of grab-and-go supplements and/or vitamins (“Personalized Care/of Packs”) that we deliver to you in packaged boxes on a subscription basis (“Subscription”).

We provide Visitors and Customers with access to the Website and the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website.

Customers. Login is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information, post Customer Content and use the Services.

Noho Health is under no obligation to accept any individual as a Customer, and may accept or reject any registration in its sole and complete discretion.

3. USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at Takecareof.com/privacy-policy), which is hereby incorporated by reference in its entirety.

4. PRODUCT DESCRIPTIONS AND AVAILABILITY

(a) Product Descriptions. Our Website contains descriptions of dietary supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the supplements and/or vitamins that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

(b) Shipping. Our packages are shipped via USPS Priority Mail and packages are delivered between 5-7 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the Care/of team.

(c) Refunds. Personalized Care/of Packs may be returned within 30 days of receiving them for a full refund.

5. COMMUNITY GUIDELINES

Noho Health’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:

  • You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose;
  • You will not access or use the Website and the Services to collect any market research for a competing business;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or
      promotes violence; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address,
      phone number, credit card information, or any similar information;
  • You will not “stalk” or otherwise harass another;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person
    or entity;
  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through
    the Website or the Services;
  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website, or the
    Services;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or
    scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google)
    and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
  • You will not use, frame, or utilize framing techniques to enclose any Noho Health’ trademark, logo, or other proprietary
    information (including the images found on the Website and the Services, the content of any text, or the layout/design
    of any page or form contained on a page) without Noho Health’ express written consent;
  • You will not use meta tags or any other “hidden text” utilizing a Noho Health’ name, trademark, or Product name without
    Noho Health’ express written consent;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately
    large load on our technical infrastructure;
  • You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use
    of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to
    gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means; and
  • If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Services, or any portion of the Website and the Services, without notice, and to remove any comments that do not adhere to these guidelines.

6. SIGN-IN NAME; PASSWORD

During the registration process for Customers, we will ask you to provide your email address. You will also be asked to create an account, which includes your e-mail address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Customer. You are responsible for the confidentiality and use of your Sign-In Name, and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason.

7. SUBSCRIPTION FEES, PAYMENTS, AND AUTOMATIC RENEWALS

You acknowledge and agree that by ordering Personalized Care/of Packs, you are signing up for a Subscription with us. You agree to pay all applicable Subscription fees made known to you when you order your Personalized Care/of Packs (“Subscription Fees”). We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate.

It is important to note that when you sign up to use the Services, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than five (5) business days before your next package is shipped, and the cancellation will take effect for the following month. Before the end of each month, we will send you a reminder e-mail informing you that your next box of Personalized Care/of Packs is ready to ship. Again, if you do not cancel, then your next box of the Personalized Care/of Packs will ship and applicable Subscription Fees will be charged to your credit card.

Your right to use the Service or a specific product is conditional upon our receipt of payment of Subscription Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

8. SUSPENDING OR POSTPONING DELIVERY OF YOUR PERSONALIZED CARE/OF PACKS

You may suspend or postpone the delivery of your Personalized Care/of Packs by following the instructions on the Website. However, you will not be able to suspend or postpone if we have already started preparing you next box of the Personalized Care/of Packs. You will be alerted by email when we start preparing your next box of Personalized Care/of Packs.