Introduction

These terms and conditions apply to the individual products and services of Pearl’s Magical World LLC (“PEARL’S”), and they are subject to the terms of PEARL’S’s website OhAnswers which may be found at https://ohanswers.com/terms-conditions.

Pearl’s Magical World LLC (“Pearl’s”) is a Virginia Limited Liability Company.

The Website is owned and operated by Pearl’s (“We,” or “Us”).

We may be contacted by the following method:

• 11357 Nuckols Rd #1005
  Glen Allen VA 23059

Pearl’s goal is to provide informative sessions and videos by hosting persons with experience and expertise related to gender identity, gender expression, sexuality, consent, sex, and other related areas. By hosting “experts,” “guides,” or “educators” and related experienced individuals to discuss the targeted areas, Pearl’s also intends to connect its customers to invaluable resources including connecting the customers with those professionals who may be able to provide licensed services such as therapeutic, medical, or counseling services beyond the sessions and services offered by Pearl’s. 

These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read and review the terms carefully and reach out via the contact information above for any questions.

The Website and its use are offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Pearl’s Privacy Policy) and procedures that may be published from time to time on the website by Pearl’s (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pearl’s, acceptance is expressly limited to these terms.

Important Disclaimers

1. Any resources or information provided by Pearl’s, any third party partners, experts, or professional partners, regardless of their experience or qualifications, is provided merely for informational and educational purposes and is not intended to serve as advice be it medical, counseling or therapeutic, or any other relevant professional advice. Any professional advice offered by third party partners, experts, or professional partners of Pearl’s is subject to applicable laws and regulations through such person.
2. For any user of Pearl’s, as the content is not individually tailored advice for your specific situation, it is possible that some of the methods or processes that are discussed if followed may result in negative consequences or effects either on your health, mental health, or lifestyles. Pearl’s cannot guarantee any results based upon the information and content provided. For any user seeking individual results, you should contact a licensed professional for advice unique to your situation. 
3. That viewing or participating with the provided content is completely voluntary and that if any of the content brings about unwelcome feelings within the user, you are encouraged to disengage and leave the website. It is the users’ responsibility to recognize your own reactions to the content and act accordingly. The website is not responsible, legally or otherwise, for any feelings experienced or actions performed during or at any future time by the user. As long as a user views or interacts with the content, it is an admission to the website that the content is enjoyable and a completely voluntary act. 
4. Any customer who engages with Pearl’s and associated third parties, such as its speakers and partnered experts, via its Defined Services are not restricted from seeking outside professionals. Customers always have the option to sign up for additional services of Pearl’s, including to sign up for an individual session, but Pearl’s will never force customers to sign up exclusively with its partnered experts and professionals. 
5. The terms “expert,” “sexploration guide” and “sex educator” are used at the discretion of Pearl’s and does not guarantee any relevant licensure or required minimum experience. For any guests of Pearl’s, their qualifications may be readily ascertainable to users upon request to Pearl’s or as may be made available within the content and materials made available to the users. 
6. As one of the goals of Pearl’s is to provide information in the following areas; topics of gender identity, gender expression, sexuality, consent, sex, and other related areas, none of the content provided by Pearl’s or its guests will constitute obscene or pornographic material. None of the material is intended to encourage or promote illegal sexual work (specifically prostitution as its set forth in Virginia Code § 18.2-346) or related crimes including, but not limited to, public indeceny, sex trafficking, etc. 
7. Any of the information and services of Pearl’s will be hosted online, and there will not be any services offered to the public at a physical location. 
8. Users are strictly prohibited from sharing personal information(PI) and/or personally identifiable information(PII) with other users. Divulging or attempting to solicit any PI or PII is grounds to permanently remove user account and could be grounds for a lawsuit. Pearl’s does not guarantee the safety of website users.  
9. We have an “Ouch/Thank You” policy in which, if it seems that a prejudice comment has been made by the Expert or business representative, the user is encouraged to report the comment immediately to the moderator and the Expert will address and potentially restate the comment as needed.

Defined Services

Pearl’s offers five types of services for its customers.

1. Live Sessions – These are sessions where the expert discuss relevant topics in an open-ended and broad lecture format. These sessions are free to users.
2. Video Uploads – Videos are provided, in short or long format, are of experts intending to answer questions submitted by users or provide general sex education. 
3. Discussion – Forums or comments sections may be available for users to share their ideas and experiences. These may be free or paid.  
4. Group Sessions – These are sessions where the expert may discuss more targeted areas in a paid format. These sessions will be smaller group sessions where customers are invited to ask more individualized questions as opposed to discussing more basic and generalized information covered within Live Sessions. 
5. Individual Sessions – These are sessions where the customer may get private, individual education from the Expert in paid format. These session(s) will be hosted online. It is the Experts responsibility to work within their scope of practice as licensed. 
   1. The Expert(s) may encourage but not require customers to retain them beyond the scope of Pearl’s Defined Services, and customers shall always have a right to seek outside professionals such as therapists and medical professionals. 
   2. Any Individual Sessions shall be conducted in accordance with the terms and conditions of the Expert, and Pearl’s shall not be responsible,  to the greatest extent permissible under applicable laws and regulations, for any liabilities that may arise or occur during the course of the Individual Sessions. Customers agree that shall have no claim against Pearl’s directly based upon the conduct of the Expert, as the Expert is an independent contractor of Pearl’s, but customers shall always have the right to pursue a claim against the Expert directly.

Limitations on Services

Pearl’s only offers the above-referenced services. Pearl’s retains the right to amend or modify the services it offers, and customers accept the services as is. To the extent that a service is offered by Pearl’s, then it is subject to the terms and conditions herein, but any services offered by experts or educators or other third parties beyond the scope of the services listed above are provided subject to the third parties’ terms and conditions. 

Further, none of the services provided by Pearl’s are intended to constitute professional counseling, medical, or therapeutic services. While Pearl’s may host licensed experts who do provide those services, Pearl’s may occasionally offer information only and not related advice. For such individualized or professional advice, customers should either contact the expert in their individual capacity, subject to their terms and conditions, or find other appropriately licensed or experienced individuals or organizations. 

Pearl’s Representations & Warranties

• Pearl’s represents and warrants that it is a valid limited liability company in the Commonwealth of Virginia in good standing with the State Corporation Commission.
• Pearl’s represents and warrants that it is authorized to engage in business that’s described herein in these Terms. 
• Pearl’s makes no representation or warranty regarding any third-party content because Pearl’s does not control or endorse such content, including without limitation its accuracy or completeness. Therefore, Pearl’s is not responsible.  

Fees & Payment Schedule

Payment of Fees

Pearl’s will only bill against a credit or debit card you have provided to Pearl’s either over the phone or via the online portal. An invoice will be issued for each transaction.

If your account has an outstanding balance, then Pearl’s reserves the right to limit, restrict or deny access to its services to you until such balance has been resolved. 

Monthly Subscriptions

If you purchase products or services which are ongoing, your credit card will be billed on a monthly basis.  In the event you modify or add services, those services will be reflected on your next monthly invoice. By purchasing these goods and services, you consent to Pearl’s charging you consistent with the goods and services as set forth on the Website. 

One-time Purchases

Some of the products or services we provide are not based on a subscription but are one-time purchases that are not provided on a subscription basis. In the event you purchase a non-subscription product or service, you will be immediately invoiced. Pearl’s will charge the payment method on file.

Notice

Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:

From You to Pearl’s Magical World LLC.

You must provide notice to Pearl’s via the contact form available at http://ohanswers.com/contact/. Attempts to contact Pearl’s through other means made available on the website will not constitute notice under this agreement.

From Pearl’s Magical World LLC to You.

Pearl’s will provide notice to You via the email address provided with your notice to Pearl’s. 

Your Representations & Warranties 

You as the customer of Pearl’s’ services have certain obligations which are solely for the purpose of enabling Pearl’s to perform its services and provide any products. 

You represent and warrant that you will provide any and all information requested in the intake forms by Pearl’s to enable Pearl’s to perform its services. Failing to provide any information or causing delays will impact Pearl’s’ ability to perform. 

You represent and warrant that you will not unreasonably delay providing information to Pearl’s, and that all input will be provided upon creation of a user account with Pearl’s.

Cancellation & Opt-Out Process

Refunds

Refunds

Pearl’s refund policy states that if a customer signs up for an Individual or Group Session with a partnered provider, then the customer may cancel the session for a full refund up to 48 hours prior to the appointment. Cancellations within 48 of the session will be deducted a $25 fee and refunded the remainder of the cost. The customer may be eligible for rescheduling one time if agreed upon by the partner and the user. If a rescheduling does occur, the user is not responsible for any additional fees. For any refund requests, customers should promptly notify Pearl’s and the partnered provider, and Pearl’s and the partnered provider may issue refunds or provide reasonably appropriate remedies on a case-by-case basis. If the partnered provider cancels the session, the partner will offer rescheduling to the user and add an additional 30 minutes to the sessions free of charge. If the partnered provider cancels and the customer does not wish to reschedule, the user will be provided with a full refund. 

Cancellations

See Refunds above regarding refunds and how they will be impacted by cancellation. 

Your Account

When your use of the Website requires an account (“Your Account”), you agree to provide us with complete and accurate information for the account and keep the information current. We will need to contact you at various times regarding important disclosures, notices, or other forms of updates, and ensuring your information is correct makes it easier for us to contact you.

You bear the sole liability and responsibility for the activity of Your Account.  You are responsible for keeping the information current as well as managing your password security. You shall not share or misuse your credentials for Your Account. You must immediately notify Pearl’s of any unauthorized uses of Your Account, website, or any other breach of security relating to our Services.

It is your responsibility to use your account consistent with the Terms and to follow and abide any and all applicable laws, regulations, or other policies that may be relevant to use of Your Account.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Content & Responsibility of Site Users

In creating Your Account and using our Services or by using this Website without an account, it is your responsibility to not upload, post, share, distribute, perform, copy, or otherwise incorporate unauthorized content onto or into the Website or Your Account.

Pearl’s cannot and will not be able to review each and every user page or form of Content (including, but not limited to, text, photo, video, audio, etc.) (“Content”) on those user pages created using our Services, and Pearl’s is not responsible for any use or effects of such Content.

It is your sole responsibility to avoid infringing on other people’s rights while using our Services and the Website. Intentionally uploading unauthorized content that infringes on a third party’s intellectual property (including, but not limited to, copyright, trademark, patents, and trade secrets) is a material violation of the Terms. Pearl’s does not endorse or encourage users to infringe on those rights of third parties. You are solely responsible for any liability you accrue in the course of infringing on the intellectual property rights of others or Pearl’s. You hereby agree and shall indemnify and hold harmless Pearl’s in the event that Pearl’s becomes liable to a third party based upon an infringement caused by you.

Pearl’s does not endorse any Content or represent that Content on the Websites is accurate, non-harmful, or compliant with applicable state, federal, or international laws, regulations or other related policies.

See Pearl’s’ Digital Millennium Copyright Act (“DMCA”) Policy for a greater explanation.

Pearl’s expressly prohibits and does not endorse or take responsibility on behalf of any visitors of the Website or You:

• Using the Website or any Content located on the Website to harass, stalk, or otherwise cause harm to other users, individuals, or third parties.
• Uploading content that infringes on the intellectual property rights of others.
• Using the Services or Content on the Websites to circumvent any security measures designed to protect third party property or technology.
• Uploading any Content that enables individuals or users to circumvent security measures designed to protect third party property or technology.
• Encouraging or facilitating others (1) to infringe on the rights of others, (2) to harass, stalk, or otherwise cause harm to individuals or other third parties, (3) circumvent security measures of third parties, or (4) to engage in illegal or other unlawful activities.
• Copying, recording, distributing, or facilitating or encouraging others to copy, record, distribute Content from the Website or otherwise owned by Pearl’s without Pearl’s express written permission. 

When engaging with Content, additional third-party terms and conditions may apply to the Content. It is your responsibility to review and abide by those terms and conditions when engaging with the Content.

You are responsible for taking any and all necessary precautions to protect yourself and your computer systems from viruses, Trojan horses, and any other harmful or destructive Content.

We disclaim any responsibility for any harm resulting from any non-Pearl’s websites.

Copyright Infringement

Respecting the rights of others is important to Pearl’s, and we ask that you likewise share that value by respecting others’ intellectual property rights. If you believe that material located on or associated with a Pearl’s product or service violates your copyright, then please notify us in accordance with our Pearl’s Digital Millennium Copyright Act (“DMCA”) Policy.

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pearl’s users or others.

Pearl’s DMCA Agent’s Information can be found via the following:

James Williams

804-477-1720

1503 Santa Rosa Rd., Ste 120

Richmond, VA 23229

james@tingen.law

Guest Content

Experts and partners of Pearl’s may use content that either they have prepared or that they have taken from third-party sources (“Guest Content”). Guest Content shall only be made available to the customers of Pearl’s. It is the responsibility of partnered Experts to clear any content that may be used in any public or commercial setting. Pearl’s has no control over the direction of content that an Expert or guest uses in conjunction with the services.

If you are deemed to be a repeat infringer, then we will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property

The Agreement does not transfer from Pearl’s to you any Pearl’s or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pearl’s. Pearl’s, the Pearl’s logo, and all other trademarks, service marks, graphics, and logos, and Content used in connection with the Website or our Services, are trademarks or registered trademarks of Pearl’s or Pearl’s licensors.

Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Pearl’s or third party trademarks.

Third Party Services

In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, services, or applications developed by a third party or yourself (“Third Party Services”) on your website.

If you use any Third Party Services, you understand that:

• Third Party Services are not vetted, endorsed, or controlled by Pearl’s.
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Pearl’s policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Pearl’s account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees section in these Terms.

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

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” PEARL’S AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. NEITHER PEARL’S, NOR ITS SUPPLIERS OR LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THOUGH OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

Jurisdiction and Applicable Laws

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Commonwealth of Virginia, United States of America, excluding its conflicts of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Henrico County, Virginia.

Arbitration Agreement

You and Pearl’s agree that any dispute, claim, or controversy between you and Pearl’s arising in connection with or relating in any way to these Agreements or to your relationship with Pearl’s as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Pearl’s further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements

Limitation of Liability

In no event will Pearl’s, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Pearl’s under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Pearl’s shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Pearl’s, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

Merger; Entire Agreement; Waiver

The Agreement constitutes the entire agreement between Pearl’s and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pearl’s may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes or Modifications to Terms

We, from time to time, revise and update the Terms for our Websites based on changes in Services and applicable laws and requirements. It is your responsibility to monitor the Terms to in the event the Terms change. We will notify you, or make a reasonable attempt to notify you via the contact information you provide to us in Your Account, or we will let you know by posting a note on our Website. The note or communication will include the nature of the changes and the period in which they will become effective. If you disagree with the amended provisions, then you should no longer use our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose, including the Arbitration Section.

Last Updated: 11/29/2022