Terms & Conditions
PLEASE READ CAREFULLY BEFORE USING THIS SITE AND THE SERVICES PROVIDED THROUGH IT.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICES
- The Platform makes various services available including, but not limited to, to connect mental performance coaches (“Professionals”) with users seeking consulting, coaching, advising, and/or other professional expertise related to sport-related performance (collectively, “Professional Services”). Restoic matches users seeking Professional Services with Professionals and provides logistical support for those Professional Services, but all Professionals are independent of and are not employed by Restoic. You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform, including a computer and modem, and your own internet access (including payment of telephone service fees associated with such access).
- Professional Services provided through the Platform are not medical services. You should exercise the same degree of care in your use of the Platform as you would make any mental health-related decision. You should not ignore, avoid, or delay medical advice from your medical professionals solely because of information you see on the Platform or receive from a Professional.
- You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events. You further understand and agree that Restoic has no control over third party networks you may access in the course of the use of the Platform and, therefore, that Restoic shall not be liable for any delays or disruptions caused by such network transmissions.
- Restoic may, from time to time, need to interrupt the Platform for maintenance and other operational reasons, as determined in its sole discretion. You shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless the Restoic and its Affiliates from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
3. REGISTRATION DATA AND PRIVACY
- In order to access some of the services on the Platform, you may require a separate account and password, a single sign-on-eligible account, or other authentication information (your “Credentials”) that can be obtained by completing the online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
- Restoic takes reasonable measures to protect the confidentiality, integrity, and availability of information it obtains about you, but cannot guarantee the security of any information transmitted to or from any user over the Internet, including through the use of e-mail.
- Fees for the various services on the Platform are set out in the membership and service fees described elsewhere in this Platform. If you subscribe to a service on the Platform that requires payment of a fee, you agree to provide Restoic with accurate and complete billing information, including valid credit card information, your name, address and telephone number; to provide us with any changes in such information within 10 days of the change; and to promptly pay all fees and taxes associated with such service. For all charges for services on the Platform, Restoic will bill the credit card on file for your account. Recurring charges are billed in advance of service. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that Restoic may, at its option, suspend or terminate your subscription and access to the Platform and require you to pay the overdue amount by other means acceptable to Restoic. Restoic may charge a fee for reinstatement of suspended or terminated accounts.
- You agree that, until your subscription to the Platform is terminated, if applicable, you will continue to accrue charges for which you remain responsible according to the then-current pricing information, regardless of your activity or inactivity on the Platform.
- Any payment disputes or claims must be submitted to Restoic within thirty (30) days of your discovery of the facts giving rise to such dispute or claim; otherwise, you shall be deemed to have expressly accepted to be responsible for such payments.
- In the event legal action is necessary to collect on balances due, you agree to reimburse Restoic for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.
- You shall immediately notify Restoic if (1) a Professional provides Professional Services to you, (2) a Professional bills you for services, or (3) you pay a professional for services.
5. YOUR CONDUCT ON SITE
- You are solely responsible for complying with all applicable laws and for the contents of your communications through the Platform. By posting, entering, delivering or acknowledging the accuracy of information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Platform (“User Content”), you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- a Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- b Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- c Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- d Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- e Impersonates any person or entity, including any of our employees or representatives.
- f Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- You further agree that you will not:
- g Restrict or inhibit any other registered user from using and enjoying the Platform;
- h Harvest or otherwise collect information about others, including e-mail addresses;
- i Systematically download or create distribution “libraries” of any of the Platform’s content;
- j Obtain or attempt to obtain any content or information regarding users of the Platform through any means not intentionally made available through the Platform;
- k Attempt to gain unauthorized access or exceed authorized access to any part of the Platform, other accounts, computer systems or networks connected to any Restoic server or to any part of the Platform, through hacking, password mining or any other means;
- l Transfer, sell, rent, display, or exhibit any of the Platform’s content to any third party who is not a registered user of the Platform;
- m Disassemble, decompile, or reverse engineer the software used to provide the Platform, or use a robot, spider, or any similar device to copy or catalog the Platform’s content or any portion thereof;
- n Use the Platform in any manner that could damage, disable, overburden, or impair any Restoic server or other property, or any network(s) connected to any Restoic server;
- In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access (or exceed authorized access) to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
- You agree that Restoic may at any time, and at Restoic’s sole discretion, terminate your membership or use of the Platform without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Restoic will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Restoic may take steps to backup data. However, because the success of this process depends on equipment, software and services over which Restoic has limited control, you agree that Restoic has no responsibility or liability for the deletion or failure to store any data or other content you provided to the Platform or Restoic. You acknowledge that Restoic may have set no fixed upper limit on the number of transmissions you may send or receive through the Platform or the amount of storage space used; however, Restoic retains the right, at its sole discretion, to create limits at any time with or without notice.
6. THIRD PARTY SITES AND INFORMATION
- The Platform may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Restoic’s control, and you acknowledge that Restoic and Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are Restoic and Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Restoic, or any warranty of any kind, either express or implied.
- Your use of any such third-party sites is at your own risk.
- Although Restoic is under no obligation to do so, Restoic reserves the right to disable Platform links to or from third-party web sites. This right to disable links includes links to or from advertisers, sponsors, and partners.
7. RESTOIC INTELLECTUAL PROPERTY RIGHTS
- Neither Restoic nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Platform will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
8. OTHER INTELLECTUAL PROPERTY RIGHTS
- Please do not submit confidential or proprietary information to Restoic unless we have mutually agreed in writing otherwise. Restoic is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Platform, including the Restoic websites, applications and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Platform. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- Restoic respects the intellectual property of others and asks you to do the same. If you or any user of the Platform believes its copyright, trademark or other property rights have been infringed by a posting on the Platform, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- b) Identification of the copyrighted work claimed to have been infringed;
- c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
- Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), Restoic’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: Daniel Cavic at firstname.lastname@example.org and email@example.com.
- You acknowledge and agree that, upon receipt of a notice of a claim of copyright infringement, Restoic may immediately remove the identified materials from the Platform without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. DISCLAIMER OF WARRANTIES
- ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PLATFORM, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM COMPANY OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE PLATFORM MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME. THE MATERIALS OR SERVICES AT THE PLATFORM MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
- THE USE OF THE PLATFORM, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR LOSS OF BUSINESS, BUSINESS PROFITS, OR OTHER RELATED DAMAGES THAT RESULT FROM SUCH ACTIVITIES.
- THROUGH YOUR USE OF THE PLATFORM, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, PROFESSIONALS, AND VENDORS. YOU ACKNOWLEDGE THAT ALL SUCH TRANSACTIONS ARE AGREED TO SOLELY BETWEEN YOU AND SUCH OTHER USERS, PROFESSIONALS AND VENDORS. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, PROFESSIONAL SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY, PROFESSIONAL, OR USER IS PROVIDED SOLELY BY SUCH THIRD PARTY, PROFESSIONAL, OR USER, AND NOT BY COMPANY OR ANY OTHER OF ITS AFFILIATES.
- CONTENT AVAILABLE THROUGH THE PLATFORM OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, PLATFORM USER, PROFESSIONAL, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH COMPANY OR ITS AFFILIATES. COMPANY DOES NOT ENDORSE, NOR IS COMPANY OR ITS AFFILIATES RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED COMPANY SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.
- COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATED TO ANY PROFESSIONALS OR ANY PROFESSIONAL SERVICES. YOUR DEALINGS WITH ANY PROFESSIONALS AND RECEIPT OF ANY PROFESSIONAL SERVICES VIA THE PLATFORM IS AT YOUR OWN RISK.
- EXCEPT INSOFAR AS IT CONNECTS USERS WITH PROFESSIONALS OR OTHER THIRD PARTIES, COMPANY DOES NOT PROVIDE PROFESSIONAL SERVICES OF ANY KIND WHATSOEVER.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY AND RELEASE
- IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ECONOMIC ADVANTAGE, OR LOSS OF BUSINESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEB PLATFORM REFERENCED OR LINKED TO FROM THE PLATFORM.
- FURTHER, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR PROFESSIONAL OR THIRD-PARTY GOODS AND SERVICES (INCLUDING, WITHOUT LIMITATION, PROFESSIONAL SERVICES) OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS AND/OR THE PROFESSIONAL SERVICES.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL AGREEMENTS YOU ENTER INTO WITH A PROFESSIONAL, AND COMPANY SHALL IN NO MANNER WHATSOEVER BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY SUCH AGREEMENTS, DEALINGS, PAYMENTS AND/OR NON-PAYMENTS BETWEEN YOU AND ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, LATE PAYMENTS, BOUNCED CHECKS, REFUNDS, AND/OR ANY OTHER MATTERS OF ANY KIND RELATED THERETO. ANY AGREEMENT OR DEALINGS YOU ENTER INTO WITH A PROFESSIONAL IS AT YOUR OWN RISK.
- YOU RELEASE AND WAIVE ALL CLAIMS (KNOWN AND UNKNOWN) AND ALL AVAILABLE RIGHTS UNDER ANY APPLICABLE STATUTE OR COMMON LAW PRINCIPLE AGAINST COMPANY AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF YOUR USE OF THE PLATFORM AND DEALINGS WITH ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION YOUR RECEIPT OF PROFESSIONAL SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS RELEASE COVERS ALL SUCH CLAIMS AND RIGHTS REGARDLESS OF THE NEGLIGENCE OF THE COMPANY OR ITS AFFILIATES. CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES: 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.YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 AND ANY SIMILAR FEDERAL, STATE AND LOCAL LAWS.
12. SECURITY AND PASSWORD
- You are solely responsible for maintaining the confidentiality of your Credentials and for any and all statements made and acts or omissions that occur through the use of your Credentials, including any mail sent and any charges incurred. Restoic personnel will never ask you for your password. You may not transfer or share your Credentials to or with anyone, and Restoic reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- The security of your information also depends upon your selection and protection of Credentials. You agree that you will not reuse passwords on the Platform that have been used for similar purposes with any other product or service provider, that you will take reasonable measures to protect your Credentials from unauthorized access, that you will promptly change your Credentials if you know or should reasonably know that they have been compromised, and that you will promptly inform Restoic of any known or suspected attempts to access your account without your authorization.
13. TERMINATION OF USE
- Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Platform immediately ceases, and you acknowledge and agree that Restoic may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Restoic and its Affiliates shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Restoic in connection therewith.
14. GOVERNING LAW WAIVER OF JURY TRIAL AND ARBITRATION
- The Platform (excluding any linked sites) is controlled by Restoic from its offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the Platform both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Platform and services available through the Platform. If any matter is required to be brought before a court of competent jurisdiction, then such matter shall be brought before the courts of the Superior Court of California, County of Los Angeles, or the United States District Court, Central District of California.
- TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
- 2) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
- 4) Unless we each agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in Los Angeles County, California.
- 5) The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its Web site at www.jamsadr.com. To the extent that this “Dispute Resolution” section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.
- 6) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and our Restoic (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- 7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.
- 8) Notwithstanding the foregoing, this arbitration provision shall not apply to Restoic’s efforts to obtain an injunction or other equitable relief against you.
- Any cause of action brought by you against Restoic or its Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
- All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Restoic must be sent to the attention of Daniel Cavic at firstname.lastname@example.org and email@example.com, if by e-mail, or at 1013 Centre Road, Suite 403S, Wilmington, DE 19805, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, Restoic may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you.
16. ENTIRE AGREEMENT
- These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.
17. NO RELATIONSHIP WITH COMPANY AND YOUR REPRESENTATIONS AND WARRANTIES
- Nothing contained herein nor your use of the Platform shall be construed as creating an employer/employee relationship, independent contractor relationship, partnership, joint venture, or other business group or concerted action. To the contrary, you are merely a user of the Platform at Restoic’s discretion.
- In addition, you hereby make the following representations and warranties to Restoic and its Affiliates as of the date of you first use the Platform, as well as at all times thereafter (as if restated herein) that you use and/or subscribe to the Platform and/or receive Professional Services from a Professional:
- a) All Professional Services to be provided to you by a Professional shall be performed via the Platform. You shall not circumvent the use of the Platform to solicit any Professional for the receipt of Professional Services outside the Platform.
- b) You will only provide and upload information to the Platform that is accurate, true, current and complete, and you shall maintain, as current, such information at all times.
- c) You represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in using the Platform and providing User Content to the Platform, and you acknowledge and agree that COMPANY HAS NO RESPONSIBILITY WHATSOEVER REGARDING WHETHER YOUR USE OF THE PLATFORM AND POSTING COMPLIES WITH APPLICABLE LAW.
- In addition to any excuse provided by applicable law, Restoic shall be excused from liability for nondelivery or delay in delivery of products and services available through the Platform arising from any event beyond Restoic’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Restoic’s reasonable control, whether or not similar to those which are enumerated above.