Terms of Use
July 2025
Introduction
These terms and conditions of use ("Terms of Use") govern your use of the website located at onfirehealth.com, and any associated websites, mobile sites or applications, products, and software (collectively the "Sites"). The Sites are intended to facilitate providing certain information about Onfire Health, Inc. (collectively, the "Services"). The Sites and the Services are owned and controlled by Onfire Health, Inc., Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, "we," "us," or "our"). The terms "you" and "your" mean you or any other person using the Sites on your behalf.
Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions regarding these Terms of Use.
Acceptance of Terms
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Sites and the Services. By using the Sites and the Services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, our Privacy Policy. Please note that additional terms and conditions may apply to some of the Services, all of which terms are made a part of these Terms of Use by reference.
In the event of a conflict between these Terms of Use and the terms posted to a specific portion of a Site or for any of the Services, the supplemental terms shall control with respect to your use of the specific portion of the Sites or the Services.
Privacy Practices
You agree that information provided by you in connection with the Sites and the Services shall be governed by the our Privacy Policy, which is hereby incorporated and made a part of this Agreement. Please read the Privacy Policy to learn how your information will be handled.
Availability of Services
We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Sites and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
User Information
In your use of the Sites or the Services, you may submit, upload, post, or transmit to us content, including without limitation text, photos, audio, code, instructions, requests, ideas, suggestions, comments, forms and agreements, files, videos, images, and other materials (collectively, "User Information").
You agree not to provide any User Information that:
- contains sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
- denigrates any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
- exploits images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s));
- makes use of offensive language or images;
- promotes physical harm of any kind against any individual or group or characterizes violence as acceptable, glamorous, or desirable;
- provides instructional information about illegal activities;
- contains or transmits any virus or any other programming routines that may detrimentally interfere with computer systems or data.
You understand and agree that any User Information you provide through the Sites or the Services will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give us and our sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Information that you submit.
Your Restrictions
You may not:
- use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Sites;
- use any content or information available on the Sites or through the Services for any unauthorized purpose;
- interfere with or damage the Sites or servers or networks connected to the Sites;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt, destroy or limit functionality;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or "pyramid schemes";
- impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
- harvest or collect Personal Data about any other individual who uses the Sites or the Services;
- infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary rights;
- assist any third party in engaging in any activity prohibited by these Terms of Use.
Your Representations and Warranties
In addition to any other representations and warranties set forth in these Terms of Use, you represent and warrant and agree that:
- you have the full right and power to enter into and perform these Terms of Use;
- you will comply with the above acceptable use requirements;
- you are older than 18 years old, as the Services are only for users of the age of 18 or older.
Consent to Communications
When you use the Sites or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
By providing us with your phone number, you are agreeing to be contacted by us at the number you have provided, including calls and text messages, to receive informational, Services related and marketing communications relating to the Sites and the Services.
Ownership and Copyright
Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, and any information or documents offered by us and/or the Sites existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the "Materials"), are our property.
All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.
Disclaimer of Warranties
YOUR USE OF THE SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICES; ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES.
Dispute Resolution; Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the State of CA excluding its conflict of law rules.
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in accordance with its commercial arbitration rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons.
Indemnification
You agree to defend, indemnify, and hold us, and our affiliates, harmless from and against any and all rights, demands, losses, liabilities, judgments, fines, interest, penalties, damages, claims, expenses, causes of action, actions, suits, fees, and costs, (including, without limitation, attorneys' fees) arising directly or indirectly out of or in connection with: your use or misuse of the Sites, the Services, the Materials, or any information posted on the Sites; your breach of these Terms of Use or the Privacy Policy; the content or subject matter of any information you provide to us.
Termination, Modification, and Other General Terms
We reserve the right, in our sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature of the Sites or the Services are incorporated by this reference into these Terms of Use.
We reserve the right to modify these Terms of Use from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the changes on the Sites and/or notify you via email. Any use of the Sites or the Services after such changes will be deemed an acceptance of those changes.
These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
