Terms of Service

Last Updated: April 1, 2024

One Huddle, Inc. (“Huddle”, “our”, “us” or “we”) operates the website located at www.onehuddle.com (the “Site”) and offers expert question and answers,  content, chat, and community groups facilitation for people experiencing: 1) pregnancy, postpartum, or parenting and 2) early onset breast cancer (the “Services”). The Services specifically include courses and services provided over third party communication platforms including but not limited to Slack Technologies, LLC (“Slack”). These Terms of Use (“Terms of Use” or “Terms”) govern your use of the Services. MORE SPECIFICALLY, BY ACCESSING AND USING THE SITE, OR ANY PORTION OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR THE SERVICES FOR ANY PURPOSE.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.

1.      The Services are for Informational Purposes Only and Do Not Provide Medical Advice

The Services may provide prenatal, postnatal, perinatal, birthing, parenting, oncology, cancer, women’s health or related information for informational purposes only. The Services and the information provided through the Services ARE NOT MEDICAL ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Do not disregard professional medical advice or delay seeking medical treatment because of something you have read or accessed through the Services. Huddle does not recommend, endorse, make any representation about the efficacy, appropriateness, or suitability of any specific tests, products, procedures, treatments, services, opinions or other information that may be provided or available through the Services. Huddle is not responsible nor liable for any advice or any other information or services you obtain through the Services. Nothing stated or shared through the Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. If you are experiencing emotional distress, crisis, or suicidal thoughts, call 988 or 911. 

2.          Your Use of the Services

We grant to you a personal, non-transferable, non-sublicensable, revocable, limited right to access our Site and use the Services in accordance with these Terms of Use and any additional terms and conditions required by us. You agree to abide by all copyright notices, information, and restrictions contained in the Services. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, create derivative works from, or otherwise exploit the Services, any third-party content, or any other proprietary rights or other valid rights not owned by you without the consent of the respective owners or in any other way that violates any third-party right. In accessing and using the Services, you also agree not to take any action that (i) is threatening, abusive, harassing, defamatory, libelous, deceptive (including impersonating someone else), fraudulent, invasive of another’s privacy, tortious, unlawful, obscene, offensive, or profane; (ii) interferes or attempts to interfere with the proper working of the Services or any activities conducted on or as a part of the Services; or (iii) records, processes, or mines information about other users without their consent. You further agree not to (i) copy, republish, display, distribute, sell, transmit, or otherwise make available in any form any portion of the Services or content on the Services; (ii) make any portion of the Services available through the Internet or any other technology; (iii) remove, decompile, scrape, disassemble, or reverse engineer the Services; and (iv) use any automatic or manual process to gather or scrape information from the Services. We reserve the right in our sole discretion to edit or delete any content or information on the Services at any time. 

2.1.           Experts as Independent Contractors. Any Huddle expert, consultant, or coach (“Huddle Expert”) you interact with through the Services are independent contractors and are not employees, agents, joint venturers or partners of Huddle. Huddle Experts do not have any express or implied power to enter into any agreements or contracts or to incur any liabilities on behalf of Huddle or to bind Huddle in any respect. 

2.2            Unlawful Activity or Emergency Situations. Huddle reserves the right to investigate complaints or reported violations of these Terms or any unlawful activity or suspected unlawful activity that has occurred through or in connection with the Services. We may take any action we deem appropriate related to such unlawful activity, including but not limited to reporting any suspected unlawful activity to law enforcement officials or other third parties and disclosing any information necessary or appropriate to such persons or entities including information related to your profile, contact information (including phone number, email, and address), usage history, posted questions, other posts, IP addresses and traffic information. Additionally, Huddle reserves the right to contact emergency services, law enforcement, or other support services (such as 988) if we suspect or have reason to believe unlawful or physically harmful activity is occurring or is likely to occur. THE SERVICES ARE NOT A CRISIS SERVICE. IF YOU EXPRESS THOUGHTS REGARDING HARMING OR DANGER TO YOURSELF OR ANOTHER TO A HUDDLE EXPERT, OR GENERALLY VIA THE SERVICES, THE HUDDLE EXPERT OR SOMEONE FROM HUDDLE MAY CONTACT EMERGENCY SERVICES ON YOUR BEHALF.

2.3            Use of Information. We reserved the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services. All questions, comments, remarks, suggestions, ideas, graphics, videos, posts, or other information communicated by you to us or through the Services (together a “Communication”) shall be the property of Huddle. We will not be required to treat any Communication as confidential and will not be liable for use of any ideas provided by you. Without limitation, we will have exclusive ownership of all present and future existing rights to the Communication. We will be entitled to use the Communication for any commercial or other purpose whatsoever without compensation to you. You acknowledge that you are responsible for whatever material you submit to use and or post or share on the Services, and you, not us, have full responsibility for the messages and information including its legality, reliability, appropriateness, and copyright. 

2.4            Legal Compliance. You agree to comply with all international, federal, state, and local laws, statutes, rules, regulations and ordinances when you use the Services. 

2.5            Email and Phone Communications.  As a condition to accessing or using the Services, and certain other aspects of the Services, you must provide us with your email address and phone number. By participating in the Services, YOU EXPRESSLY AGREE AND CONSENT TO OUR COMMUNICATING WITH YOU VIA EMAIL, SMS/TEXT MESSAGES, VOICE CALLS, PUSH NOTIFICATIONS, AND OTHER ELECTRONIC COMMUNICATIONS THAT RELATE TO THE SERVICES. Standard per minute call and message and data rates may apply. You may opt-out of receiving these messages at any time.         

3.          Third-Party Content

Third-party content may appear on the Services or maybe accessible via links from the Services. We are not responsible for and assume no liability for said third-party content nor for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, or profanity of said third-party content. You understand that the information and the opinions in the third-party content represent solely the thoughts of that third-party and are not endorsed by Huddle.

4.          Termination

We may terminate your access to the Services if we find that you have violated these Terms of Use.  Upon termination of your right to use the Services, all licenses and other rights granted to you by these Terms of Use will immediately terminate. 

Additionally, we may terminate your use of the Services at any time for any reason or no reason at all. We also may stop providing the Services at any time for any reason or no reason at all. 

You can stop using the Site and the Services at anytime. Unless otherwise indicated on the SIte, any fees paid for the Services are non-refundable.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

5.          Fees and Payment

We reserve the right to require payment for the Services. If you elect to use the Services subject to fees, you agree to pay all applicable fees. We also reserve the right to change our prices in the future with prior notice to you. We may provide this notice by email, via the Site, by positing it in the Services or by other means. You agree that if you access the Services subject to fees following that notification, you accept the new charges.

6.          Ownership

6.1.      Services and Materials.  The Site, the Services, and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Services, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), are owned by Huddle and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.  Neither these Terms of Use nor your use of any aspects of the Services grants you any right, title, or interest in or to, or any license to reproduce or otherwise use, any trademarks or registered trademarks of Huddle.

7.          Warranty Disclaimer

THE SITE, THE SERVICES, ANY HUDDLE CONTENT, AND ALL OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

NEITHER HUDDLE NOR ITS LICENSORS GUARANTEE OR WARRANT THAT THE SERVICES OR THE CONTENT (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (C) WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WILL BE CORRECT, ACCURATE, TIMELY, OTHERWISE RELIABLE OR APPROPRIATE FOR YOUR USE; OR (E) CAN OR WILL BE CORRECTED IF DEFECTS ARE IDENTIFIED. FURTHER, HUDDLE DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH THE SERVICES.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, THE LIMITATIONS ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.          Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUDDLE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUDDLE’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO HUDDLE FOR THE SERVICES; OR (II) TWO HUNDRED DOLLARS ($200).

9.          Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, and service providers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees related to your violation of these Terms of Service or use of the Services.

10.       Arbitration

10.1.   Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

10.2.   No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

10.3.   Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer­ Related Disputes. These rules can be found on the AAA website at www.adr.org.

10.4.   Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to hello@onehuddle.com. Huddle will send any notice of dispute to you at the contact information we have for you.

10.5.   Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

10.6.   Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Huddle will pay all other AAA and arbitrator’s fees and expenses.

10.7.   Individual Basis. To the fullest extent permitted by applicable law, you and Huddle each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Huddle each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

10.8.   Limitation Period. In no event shall any claim, action or proceeding by you or Huddle be instituted more than one (1) year after the cause of action arose.

10.9.   Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

10.10.  Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Huddle each agree to the exclusive jurisdiction of the Federal and State courts located in the Commonwealth of Massachusetts, and you and Huddle each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

10.11.           Opting Out. If you do not want to arbitrate disputes with Huddle and you are an individual, you may opt out of this arbitration agreement by sending an email to hello@onehuddle.com within thirty (30) days of the first of the date you access or use the Services.

11.       Miscellaneous

11.1.   Governing Law.  These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules.

11.2.   Your Consent to Receive Notices.  As part of using the Services, you agree to receive all terms, notices, disclosures, and other communications that we provide to users in electronic form, including all communications that we are required by law or these Terms of Use to provide to you. You also acknowledge that receipt of these communications in electronic form satisfies any legal requirement that the communications be in writing. You consent to receive electronic notices, disclosures, and other communications or other information that we provide in connection with your use of the Services and all communications relating to your access to and use of the Services.

11.3.   Entire Agreement. These Terms of Use and any other agreement referenced herein, constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will remain in full force and effect. The failure of either party to exercise in any respect any right provided for in these Terms of Use shall not be deemed a waiver of any further rights under these Terms of Use.

11.4.   Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to Huddle for which monetary damages would not be an adequate remedy and Huddle shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

11.5.   Assignment. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by Huddle but may not be assigned by you without the prior express written consent of Huddle. Any attempt by you to assign these Terms of Use without the written consent of Huddle shall be null and void.

11.6.   Independent Contractors. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.

11.7.   Modifications. We may occasionally update these Terms of Use. When we do update these Terms of Use, we will also revise the “Last Updated” date at the top of these Terms of Use. If we make changes to these Terms of Use we may also send emails to our users who have created an account containing a link to the revised Terms of Use. If you continue to use the Services after we post an update to these Terms of Use, you indicate your acceptance of the updated Terms of Use.  If you disagree with the modified Terms of Use, you should stop using the Services.

11.8.   Contact Us. If you have any questions regarding these Terms of Use or the Services, please contact us at hello@onehuddle.com.