SPECIAL DISCLAIMERS REGARDING TONICS
Tonic herbs are safe to take on a regular basis. They metabolize as food rather than as medicine so the body does not build a tolerance to them. In most cases, the effects increase with regular use. Usage generally depends on body weight and the formulas presented in this document represent an average size adult serving. For particularly large individuals, the ratio of herbs to body weight may not produce a noticeable effect, while for particularly small or sensitive individuals they may notice greater effect. You can customize your servings accordingly.
Since the class of herbs addressed in these formulas are “Tonic”, they are not meant to be used medicinally or when undertaking a cleansing diet or fasting protocol.
Information on this Site is provided for informational purposes only and is not intended as a substitute for the advice provided by a physician or other healthcare professional. You should not use this information for diagnosing or treating a health problem or disease.
If there is any question, clients should consult their physician, acupuncturist, or other health care professional if they are pregnant, nursing, taking prescription medications or when a serious medical condition is an issue, or if they have any concerns and/or questions about the advisability of using any product(s) listed on this Site.
All information presented throughout this Site as not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease.
5. Particular cautions for pregnancy:
Tonic herbs are generally considered safe and the amounts recommended in the recipes are small dosages*; however, in order to maintain a conservative approach for pregnant women, particularly in the first trimester, the following ingredients should be avoided and replaced with Reishi and/or Chaga which are not just safe but recommended for pregnant women:
Deer Antler Essence
For nursing mothers, it would be best to avoid Deer Antler Essence and Shanghai Lady (contains Deer Antler). Again, Reishi is highly recommended for both nursing and pregnant women.
*These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.
- 6. Medical Emergencies
IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. DO NOT RELY ON THE SERVICES FOR A MEDICAL EMERGENCY.
ORA RESOURCES ARE NOT A TREATMENT FOR SUICIDE IDEATION, DEPRESSION, TRAUMA, PSYCHIATRIC PROBLEMS, OR SUBSTANCE ABUSE.
- 7. Age Restrictions
The Services and this Site are intended for users who are 18 years of age and above. Some of the content on the Site may be inappropriate for children. You must be 18 years of age or older to create an account with us or use the Services.
If you are not eligible to access the Site or Services under these Terms, do not use the Site or Services. ORA disclaims any and all liability arising from use of the Site or Services by individuals under the age of 18.
- No Patient Relationship Is Formed Through the Site
NO PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THROUGH USE OF OUR SERVICES.
ORA offers on line resources and written materials to provide users with education, NOT to make a diagnosis or provide or recommend treatment. Use of ORA Services and resources are not a form of or substitute for receiving health or medical care, and communication with ORA or any of its personnel for advice through the Site does not create or constitute a professional clinical relationship.
- 8. Cancellation and Return Policy
Your unopened product purchases are eligible for an exchange or store credit within 30 days of purchase. Store credit may be applied to products and services.
In-house and take-away Teas and Tonics are non-refundable.
Service: Services are non-refundable, however we would like you to be 100% satisfied and can work with you and your service provider to get you there.
Late and Cancellation Policy:
We understand that sometimes time gets the best of us and changes in our schedule happen. To maximize your time with your acupuncturist, we recommend arriving 10 minutes early to your scheduled appointment, however we do give you a 5 minute grace period to check in, without penalty.
- Running Late:
Depending on what the focus of your session is, if you are more than 5 minutes late your acupuncturist may recommend rescheduling to maximize your treatment time.
- Arrivals 15 minutes or more after your appointment time, unfortunately, can’t be accommodated. You can reschedule your appointment within 7 days without penalty.
- No Show:
- No show appointments will be charged the full service fee.
- Need to Cancel:
Appointments cancelled or rescheduled prior to 24 hours of the scheduled time may be done so without penalty.
- Appointments cancelled within 24 hours of their scheduled time will have a $50 penalty.
- Appointments scheduled less than 24 hours in advance cannot be cancelled.
- 9. Your Account Credentials and Your ORA membership
To fully use all of the Services, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form (“Registration Data”). You will be required to create an account name, enter your email address and create a password (“Credentials”). You are responsible for maintaining the confidentiality of your Registration Data and Credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You accept all risk of unauthorized access to the Registration Data and any other information you provide to us. You represent and warrant that: (a) all required Registration Data you submit is truthful and accurate; and (b) you will maintain the accuracy of such Registration Data by updating as necessary. You may delete your Account at any time, for any reason. We may suspend or terminate your Account in accordance with these Terms and in our sole discretion. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Services.
ORA’s membership program has no commitment, you can cancel any time. Your membership dues will be charged on a 30 day cycle. Treatments may be redeemed within the 30 day cycle and unused services and benefits will not roll over and are not transferable. You can manage your Account in your customer profile or by speaking to an ORA Concierge.
- • CASH FREE:
For quick and easy transactions for you and the ORA staff, we do not accept cash, but do accept all major credit and debit cards, including HSA and FSA cards.
- • TIP FREE SERVICE:
Offering an amazing experience is second nature to the ORA team, so no need to tip! Show your appreciation by booking your next appointment or referring a friend.
- 10. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ORA, ALL SERVICES, CONTENT AND SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
ORA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ORA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ORA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FURTHER, WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO, THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON A SITE THAT LINKS TO OR FROM A THIRD-PARTY SITE. WE MAY OFFER LINKS TO, OR INCORPORATE INTO THE SITE, THIRD-PARTY SITES THAT OFFER VARIOUS PRODUCTS AND/OR SERVICES. WE CANNOT ENSURE THAT USERS WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT ARE PURCHASED FROM SUCH A THIRD-PARTY SITE, SINCE SUCH SITES ARE OWNED AND OPERATED BY OTHERS. WE DO NOT ENDORSE ANY OF SUCH PRODUCTS OR SERVICES, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD PARTY SITES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION) USERS MIGHT BE REQUESTED TO GIVE A THIRD-PARTY SITE. WE STRONGLY ENCOURAGE USERS TO MAKE THEIR OWN INVESTIGATION OF THIRD-PARTY SITES BEFORE PROCEEDING WITH ANY TRANSACTION WITH SUCH THIRD PARTIES.
- 11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law: (a) in no event shall ORA, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites, the Content, the Services or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from ORA, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to ORA's records, programs or services; and (b) in no event shall the aggregate liability of ORA, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any providers, the ORA service, the sites, and the site materials, exceed any compensation you pay, if any, to ORA for access to or use of the sites and the services.
- 12. Indemnification
You agree to defend, indemnify, and hold harmless ORA and our officers, employees, independent contractors, suppliers and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to (a) your use of the Site and/or Services, (b) your violation of applicable laws or regulations or (c) your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
- 13. Termination
Notwithstanding any of these Terms, ORA reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and related services, and to block or prevent future your access to and use of the Sites.
- 14. Copyright Matters; Copyright Complaints
All Content is the intellectual property of ORA and its contributors. Unauthorized distribution, republication, or copying of any Content in any form is strictly prohibited.
It is ORA’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:
•Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
•Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to lo cate the material.
•Your name, address, telephone number and (if available) e-mail address.
•A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
•A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
•A signature or the electronic equivalent from the copyright holder or authorized18 representative.
ORA’s agent for copyright issues relating to this Site is as follows:
917.494.6185 | 9 East 4th Street, New York NY 10003
In an effort to protect the rights of copyright owners, ORA maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
- 15. Applicable Law and Venue
These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
- 16. Arbitration Agreement; Class Waiver
Please read the following paragraphs carefully because they require you to arbitrate disputes with ORA, and limit the manner in which you can seek relief from us.
All claims and disputes in connection with the Terms or the use of any product or service provided by ORA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that neither party is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and ORA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
The arbitrator will decide the rights and liabilities, if any, of you and ORA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ORA.
YOU AND ORA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and ORA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ORA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this sub-paragraph is deemed invalid or unenforceable, neither you nor ORA are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Volusia County, New York.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Notwithstanding the foregoing, either you or ORA may bring an individual action in small claims court. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the federal and courts located in New York, New York, for such purpose.
This Arbitration Agreement will survive the termination of your relationship with ORA.
- 17. Severability
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- 18. Questions & Contact Information
If you have any comments, concerns or questions about these Terms or our Services, please contact us at:
917.494.6185 | 9 East 4th Street, New York NY 10003
Last updated: August 26, 2021