Effective Date: May 15, 2017
1. ACCEPTANCE OF TERMS
A. This agreement, which incorporates by reference other provisions applicable to use of www.revivezonetherapy.com and mobile applications, including, but not limited to, supplemental terms and conditions governing the use of certain specific material contained in www.revivezonetherapy.com and mobile applications, sets forth the terms and conditions that apply to use of www.revivezonetherapy.com and mobile applications by User. By using Revive, User agrees to comply with all of the terms and conditions hereof. The right to use www.revivezonetherapy.com and mobile applications are personal to User and are not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. Revive shall have the right at any time to change or discontinue any aspect or feature of www.revivezonetherapy.com and mobile applications including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Revive shall have the right at any time to change or modify the terms and conditions applicable to User’s of this agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.revivezonetherapy.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.revivezonetherapy.com and mobile applications by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. INFORMATION ABOUT REVIVE AND CONTACT DETAILS
A. Revive Zone LLC is a company registered in Missouri, USA.
B. Our registered office is at 463 Jeffco Blvd, St. Louis, MO 63010.
C. You can contact us by writing to us at 463 Jeffco Blvd, St. Louis, MO 63010, by email at firstname.lastname@example.org or by calling us on (314) 600-1610.
4. SERVICES DESCRIPTION AND PARTICIPATION
A. Revive provides an online platform that connects Therapists (licensed, independent, health, wellness, massage or beauty therapists) with Customers (Individual or Corporate Customers) that want to purchase and/or receive our Services (health, wellness, massage or beauty services), together herein.
B. Through its Web property, Revive provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
D. Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required to register to create an account (“Account”). In connection with setting up your Account with Revive, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify Revive of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by calling Revive at (314) 600-1610.
E. Eligibility. Persons under 13 years of age are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the involvement of your parent or legal guardian (who must also supervise the services). Make sure that you review these Terms with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to this Agreement.
F. The content and information made available through service, including materials, (collectively, the “content”) are provided for informational purposes only and must not be interpreted as professional medical advice, consultation, diagnosis, or treatment. By using the service, you agree that you will not consider it as a replacement for professional medical advice and that you will always consult your physician or other qualified health provider in case of any questions related to medical matters or your health. No medical professional/patient relationship shall be created by using the service. Any specific tests, products, procedures, opinions, or other information that may be mentioned on the service by Revive, or other visitors to the service used by you, are not recommended or endorsed by Revive and their use will be at your own risk. The service may contain health- or medical-related materials that some may consider sexually explicit; hence, you may decide not to use the service if you find this materials offensive. Revive does not guarantee that the information provided on the service includes the most recent findings. Therefore, you should always consult your medical specialist or physician for further information where necessary for services as they relate to your health and wellness. You agree that it is entirely at your own risk and you accept to take full responsibility for all risk associated therewith, as allowable to the extent of the law as it pertains to your reliance on any information provided by the service or by any therapist to you. The service must never be used for medical emergencies. In case of emergency, call 911 immediately.
G. Revive does not recommend any of the therapists and while we request licenses and background information to protect customers, Revive cannot guarantee the accuracy or credentials of said therapists, and therefore it is the customer’s responsibility to determine the therapist’s qualifications prior to services being provided. Revive disclaims any liability arising out of Revive’s failure to accurately verify the identity of a Revive customer or therapist. You should exercise common sense and caution to protect personal safety and personal property based on requests of services or performance of services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with in or through the service.
H. Equipment. User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Revive Website and mobile applications and all charges related thereto.
5. USER CONDUCT
A. User shall use Revive Sites for lawful purposes only. User shall not post or transmit through www.revivezonetherapy.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Revive’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Revive’s discretion restricts or inhibits any other User from using or enjoying Revive Sites will not be permitted. User shall not use Revive Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Revive.
B. If you are a Therapist or Customer, you agree not to attempt to contact each other directly about the Services outside of the Services for a period of 6 months after the date of your last purchase to the Services, except as may be permitted by these Terms of Revive, or otherwise evade your relationship with Revive.
C. You are responsible for your use of the Services, and for any use of the Services made using your Account that may be harmful to other users or to Revive.
6. MATERIALS PROVIDED TO REVIVE ZONE OR POSTED AT REVIVEZONETHERAPY.COM
Revive does not claim ownership of the materials User provides to Revive (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Revive, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Revive Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
Revive is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Revive has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of revivezonetherapy.com , are those of the respective author(s) or distributor(s) and not of Revive. Neither Revive nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The links in this area will let you leave Revive’s site. The linked sites are not under the control of Revive and Revive is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Revive is not responsible for webcasting or any other form of transmission received from any linked site. Revive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Revive of the site.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
For any of the Services requiring User to open an account, User must complete the registration process by providing Revive with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Revive immediately of any unauthorized use of User’s account or any other breach of security by email through email@example.com. Revive will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Revive or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. COPYRIGHT & OWNERSHIP
Revive’s Websites and Apps contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Revive Sites or Apps are copyrighted as a collective work under the United States copyright laws. Revive owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Revive and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON REVIVEZONETHERAPY.COM
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Revive and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REVIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, REVIVE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REVIVE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON REVIVEZONETHERAPY.COM
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
REVIVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REVIVE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL REVIVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REVIVE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL REVIVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES
9. BOOKING MASSAGE/FEES/PAYMENT
As a condition of being permitted to book appointments with Therapists through the Services Revive Users agree with the following Terms for appointments booked on the Service.
A. Revive Users agree that services should not be used if the person who will receive the service is in contradictory medical or other conditions. Revive does not tolerate any requests deemed sexual or inappropriate in nature.
B. Pricing and Fees. We may charge fees for the listed Services or products indicated when you placed your order. We use best efforts to ensure that the advised price is correct. Further, as a Customer, you may elect to tip your Therapist. You acknowledge that Revive does not determine or mandate any such tip or gratuity amount and you hereby agree to pay the amount you authorize as a tip for your Therapist.
C. Some of the Services may be incorrectly priced. Where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will return surplus.
D. Responsibility for Payment. You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment method) at the amounts in effect when such charges are incurred. Customers must provide Revive with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or any other payment or financial institution specified by Revive (“Payment Provider”) as a condition to making any payments. Therapists must support the use of the Payment Providers and provide Revive with valid bank account information (e.g. account and routing number) as a condition to receiving any payments. The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. By providing Revive with your payment and/or financial information, you agree that Revive and any of its third party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify Revive of any change in your payment and financial information. Revive reserves the right at any time to change its prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive.
E. Cancellations and Rescheduling. If you are a Therapist or Customer, you agree to Revive’s cancellation and rescheduling policy and the associated charges and payments, the terms of which are located here www.revivezonetherapy.com/cancellation-policy/ and are incorporated herein by reference.
For Therapists. Each Therapist hereby appoints Revive as the Therapist’s limited payment collection agent solely for the purpose of accepting applicable payment from Customers. Each Therapist agrees that payment made by a Customer through Revive shall be considered the same as a payment made directly to the Therapist, and the Therapist will provide its services to the Customer in the agreed-upon manner as if the Therapist has received the payment. Revive reserves the right to charge the Therapist a commission on the fees paid by a Customer to the Therapist for the provision of Therapist’s services (“Revive Commission”). Each Therapist understands that Revive accepts payments from Customers as the Therapist’s limited payment collection agent and that Revive’s obligation to pay the Therapist is subject to and conditional upon successful receipt of the associated payments from Customers. Revive does not guarantee payments to Therapists for amounts that have not been successfully received by Revive from Customers. In accepting appointment as the limited payment collection agent of the Therapist, Revive assumes no liability for any acts or omissions of the Customers. Each Customer acknowledges and agrees that Revive reserves the right, in its sole discretion, to charge Customer for and collect fees from the Customer. In the event a Customer elects to tip the Therapist for the provision of services, the Customer will be charged for such tip amount designated by Customer. Tips will not be subject to any Revive Commission. Revive reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by Revive, as a result of any mistake or error, including any mistaken pricing or service description or other error.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF REVIVEZONETHERAPY.COM IS AT USER’S SOLE RISK. NEITHER REVIVE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT REVIVEZONETHERAPY.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF REVIVEZONETHERAPY.COM , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH REVIVEZONETHERAPY.COM .
B. REVIVEZONETHERAPY.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT REVIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL REVIVE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING REVIVEZONETHERAPY.COM OR THE REVIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE REVIVEZONETHERAPY.COM . USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND APP.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, REVIVE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN REVIVEZONETHERAPY.COM , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
User agrees to defend, indemnify and hold harmless Revive, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Revive by User or User’s Account.
Either Revive or User may terminate this Agreement at any time. Without limiting the foregoing, Revive shall have the right to immediately terminate User’s Account in the event of any conduct by User which Revive, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
14. MANDATORY ARBITRATION AND DISPUTE RESOLUTION FOR UNITED STATES AND CANADIAN USERS
A. Applicability of Arbitration Agreement. To the extent permitted by applicable law, all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by Revive that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Revive, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Revive should be sent to: Director of Operations, Revive, LLC 463 Jeffco Blvd, St. Louis MO 63010. After the Notice is received, you and Revive may attempt to resolve the claim or dispute informally. If you and Revive do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
D. Time Limits. If you or Revive pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Revive, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Revive.
F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Revive in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
G. Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
H. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
This Agreement and any operating rules for REVIVEZONETHERAPY.COM established by Revive constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Missouri, United States without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.