Terms and Conditions

&

Disclaimer

 

Last updated Oct 26, 2023

DISCLAIMER

WEBSITE DISCLAIMER

The information provided by Rest from Stress, LLC (“we,” “us,” or “our”) on http://www.restfromstress.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

EXTERNAL LINKS DISCLAIMER

 

The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

PROFESSIONAL DISCLAIMER

 

The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

TESTIMONIALS DISCLAIMER

 

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

 

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

 

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

 

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

 

Rest from Stress Terms of Service

Updated March 1, 2024

THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH REST FROM STRESS L.L.C. OFFERS YOU ACCESS TO THE REST FROM STRESS MOBILE APPLICATION RESTFROMSTRESS.COM.

Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for Rest From Stress L.L,C. (“RFS”), an application and service (the “Service”), whose principal office is located at 3441 E. Carol Ann Way, Phoenix, AZ 85032. This User Agreement is a legally binding agreement made between you and RFS.

RFS is willing to license the Service and use of our mobile application available for download at Apple Store (the “Application”) to you only upon the condition that you accept all the terms contained in this Agreement. By signing up with RFS or by using the Service you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then RFS is unwilling to license the Services to you.

RFS provides Stress Management and Resilience Training (SMaRT). Stress impacts each of us in physical and psychological ways. It’s imperative that we learn how to identify our stressors and develop healthy coping mechanisms to live our lives with as much harmony as possible. Rest from Stress will help you reduce stress by focusing on the content, activities, and tools most you need. It provides stress management on the go, at your convenience, in the moment when you need it most.

Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the Services. By using any of the Services, you become a User of all Services available (“Participant” or “User”) and ou agree to be bound by the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE RFS APP OR REGISTER FOR THE SERVICES PROVIDED BY RFS. We may amend this Agreement at any time by posting the amended terms through the Application. If we post amended terms on the Application, you may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Application. This Agreement may not be otherwise modified except in writing signed by RFS.

 

1 RFS ACCOUNTS

1.1 REGISTRATION AND ACCEPTANCE

By registering for an account to use the Services and Application (an “Account”), by using the Application or Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Application, you agree to abide by Agreement and the other Terms of Service.

To access and use certain portions of the Application and the Services, you must register for an Account. Subject to the Application Terms of Use, certain portions of the Application are available to Application Visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join RFS or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

1.2 ACCOUNT ELIGIBILITY

RFS offers the Application and Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Application and Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Application and Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provisions of RFS Services; and (d) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.

1.3 ACCOUNT PROFILE

To register for an Account to join the Application, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Application or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, or the services your business provides and to correct any such information that is or becomes false or misleading.

 

 

1.4 IDENTITY AND LOCATION VERIFICATION

You can register for an Account or add an Account type to use the Application and Services as a Client (a “Client Account”). Each User under a Client Account (“Team Member”) can be given different permissions to act on behalf of the Client Account.

1.5 IDENTITY AND LOCATION VERIFICATION

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on RFS. You authorize RFS, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification, some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.

 

1.6 USERNAMES AND PASSWORDS

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize RFS to assume that any person using the Application with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Application if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.

  1. PURPOSE OF RFS

2.1 RELATIONSHIP WITH RFS

RFS merely makes the Application and Services available to users and customers.

  1. WARRANTY DISCLAIMER

YOU AGREE NOT TO RELY ON THE APPLICATION, THE SERVICES, ANY INFORMATION ON THE APPLICATION OR THE CONTINUATION OF THE APPLICATION. THE APPLICATION AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RFS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE APPLICATION, THE APPLICATION SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RFS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 10 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST RFS WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

 

  1. LIMITATION OF LIABILITY

RFS is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (i) your use of or your inability to use our Application or Application Services; (ii) delays or disruptions in our Application or Application Services; (iii) viruses or other malicious software obtained by accessing, or linking to, our Application or Application Services; (iv) glitches, bugs, errors, or inaccuracies of any kind in our Application or Application Services; damage to your hardware device from the use of the Application or Application Services;  the content, actions, or inactions of third parties’ use of the Application or Application Services;  a suspension or other action taken with respect to your Account; (v) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Application; and (vi) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL RFS, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF RFS, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED $2,500. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. RELEASE

You hereby release RFS, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

This release will not apply to a claim that RFS failed to meet our obligations under the Terms of Service.

  1. INDEMNIFICATION

You will indemnify, defend, and hold harmless RFS, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Application and the Application Services by you or your agents, including any payment obligations or default incurred through use of the Application Services; (b) the classification of RFS as an independent contractor; the classification of RFS as an employer or joint employer of RFS; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 6, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

We agree to indemnify you and your directors, officers, employees, representatives, and agents for all Indemnified Claims relating to or arising out of our performance under this Agreement.

  1. AGREEMENT TERM AND TERMINATION

Unless both you and RFS expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. In the event you properly terminate this Agreement, your right to use the Application and Application Services is automatically revoked, and your Account will be closed. Client understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any obligation to pay outstanding fees. You will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open invoice, whichever is later, to RFS for any Services or such other amounts owed under the Terms of Service.

Without limiting RFS’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Application or Application Services, deny your registration, or permanently revoke your access to the Application and refuse to provide any or all Application Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or RFS or our Affiliates; may be contrary to the interests of the Application or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Application under the same Account or a different Account or re-register under a new Account without RFS’s prior written consent. If you attempt to use the Application under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Application depends on transparency of User’s Account status to all Users, including both yourself and other Users.

After this Agreement terminates, the terms of this Agreement, and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration (unless opted out), permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or RFS from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

  1. DISPUTES BETWEEN YOU AND RFS 

If a dispute arises between you and RFS or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided in these Terms of Service below, you, RFS, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relating to this Agreement, the other Terms of Service, your relationship with RFS (including without limitation any claimed employment with RFS or one of our Affiliates or successors), the termination of your relationship with RFS, or the Application Services (each, a “Claim”) in accordance with this Section 8 (sometimes referred to as the “Arbitration Provision”).

 

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Application, Application Services, the Terms of Service, any Service Contract, escrow payments or agreements, any payments or monies you claim are due to you from RFS or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with RFS or the termination of that relationship.

Disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement.

  1. CHOICE OF LAW

The Application Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) (unless you opt out of arbitration).

  1. INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and RFS agree to first notify each other of the Claim. You agree to notify RFS of the Claim at Attn: Legal, 3441 E. Carol Ann Way (with a copy to Sacks Tierney P.A., c/o Michael Harris 4250 N. Drinkwater Blvd., 4th Floor, Scottsdale, AZ 85251) and RFS agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and RFS then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or RFS, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and RFS will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

This Arbitration Provision applies to all Users except Users located outside of the United States and its territories.

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, RFS, and our Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at  www.jamsadr.com.  

This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with RFS ends. Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement, the Terms of Service and the RFS Payroll Agreement. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Except as otherwise provided herein, arbitration will be conducted in Maricopa County, Arizona in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Arbitration of disputes brought by a User that allege a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the User is located. The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person. You and RFS will follow the applicable JAMS rules with respect to arbitration fees. conducted, with RFS to make up the difference, if any. In any arbitration under the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect in which a User makes a claim under a consumer protection statute, the User will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with RFS to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

This Arbitration Provision does not apply to litigation between RFS and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in these Terms of Service. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 10 unless all parties to that arbitration consent in writing to that amendment.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits.

Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. RFS will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or

 voidable.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of

this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in these Terms of Service, of this Arbitration Provision is deemed to be unenforceable, you and RFS agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

You may opt out of the Arbitration Provision contained in this Section 10 by notifying RFS in writing within 30 days of the date you first registered for the Application. To opt out, you must send a written notification to RFS at Attn: Legal, 3441 E. Carol Ann Way (with a copy to Sacks Tierney P.A., c/o Michael Harris 4250 N. Drinkwater Blvd., 4th Floor, Scottsdale, AZ 85251) that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Opting out of this Arbitration Provision will not affect any other terms of this Agreement.

If you do not opt out as provided in this Section 10, continuing your relationship with RFS constitutes mutual acceptance of the terms of this Arbitration Provision by you and RFS. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in these Terms of Service, above, is deemed to be unenforceable, you and RFS agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

  1. GENERAL

11.1 ENTIRE AGREEMENT

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and RFS relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though RFS drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or RFS because of the authorship of any provision of the Terms of Service.

11.2 MODIFICATIONS; WAIVER

No modification or amendment to the Terms of Service will be binding upon RFS unless they are agreed in a written instrument signed by a duly authorized representative of RFS or posted on the Application by RFS. Email will not constitute a written instrument as contemplated by this Section 10.2. Any Party’s failure to act with respect to a breach by any Party does not waive a Party’s right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

11.3 ASSIGNABILITY

User may not assign the Terms of Service, or any of its rights or obligations hereunder, without RFS’s prior written consent in the form of a written instrument signed by a duly authorized representative of RFS. RFS may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

11.4 SEVERABILITY; INTERPRETATION

 

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

 

11.5 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, pandemics, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

11.6 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Application is controlled and operated from our facilities in the United States.

11.7 CONSENT TO USE ELECTRONIC RECORDS

In connection with the Application Terms of Use, you may be entitled to receive, or we may otherwise provide, certain records from RFS or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Application and the Application Services, you give us permission to provide these records to you electronically instead of in paper form.

11.8 AGREEMENT TO ADHERE TO COMMUNITY GUIDELINES

Rest from Stress Community Guidelines:

These are the Community Standards and Conduct Guidelines that govern your use of the Website, Mobile App, and any other services provided by Rest from Stress. By using these services, you agree not to engage in any of the following activities: a. Uploading, posting, emailing, or transmitting any User Content or other materials that are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion), or that contain adult content, including obscene, pornographic, and/or sexual terms, descriptions, and/or images, nudity, profanity, or graphic violence, or that incite or encourage criminal or terrorist activities or physical harm against another, or that exploit political agendas or “hot button” issues for commercial use, or that contain hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group, or that are not your own or that you do not have a right to upload, post, email, or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any party or that are deceptive, misleading or fraudulent, or that may otherwise be unlawful or give rise to civil or criminal liability, or that are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions, or notices, commercial or otherwise, or that contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; b. Harming minors (under the age of 18) in any way, or soliciting or otherwise attempting to gain any information from a minor (under the age of 18); c. Advertising or otherwise soliciting funds or constituting a solicitation for goods or services; d. Impersonating any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent, or representative of Rest from Stress, our Business Customers or any other person or entity, or falsely stating or otherwise misrepresenting your affiliation with Rest from Stress, our Business Customers or any other person or entity; e. Providing false, misleading, or inaccurate information to Rest from Stress or any other member; f. Creating more than one unique public profile or registering for more than one account except as specifically permitted in these Terms & Services, creating an account on behalf of someone else, or creating a false or misleading identity on the Services; g. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services; h. Attempting to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization; i. Using or affecting the Services in any manner that could damage, disable, overburden, or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise acting in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services; j. Under these Community Standards and Conduct Guidelines, you are prohibited from interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services. k. You must not intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law, or stalk or harass another user or employee of the Services. l. You are also prohibited from soliciting, collecting or posting personal data or attempting to solicit, collect or post personal data about other users of the Services, including usernames or passwords. m. You may not access or attempt to access another user’s account without his or her consent, reverse engineer, disassemble or decompile the Mobile App, or attempt to discover or recreate the source code for the Mobile App or any portion of the Services. n. You may not assign, transfer or sublicense your rights as a registered user of the Services. Your privilege to use the Services, including your ability to contribute to discussions on the Public Forum or communicate with Coaches and/or other users in a Rest from Stress Group, is subject to your compliance with the community standards and conduct guidelines set forth above. Rest from Stress reserves the right to revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Furthermore, if you fail to adhere to our community standards and conduct guidelines or any part of these Terms & Conditions, Rest from Stress may, in its sole discretion, terminate your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability. By using the Services, you agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of your remarks, information, feedback or other content posted or made available on the Services (including any Public Forum) that is deemed defamatory or otherwise legally actionable. However, under the Federal Communications Decency Act of 1996, Rest from Stress is not legally responsible and cannot be held liable for damages of any kind arising out of or in connection with any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.

If you do not adhere to these community guidelines, your account may be suspended without any refund.