Terms and Conditions
Effective Date: October 15, 2021
AS FURTHER DESCRIBED BELOW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
As described in Section 5(g) below, Rest will not refund you for any reason if you receive a Treatment , except as determined in its sole discretion. For avoidance of doubt, if you engage in conduct deemed inappropriate or unsafe by a Provider, as determined in the Provider's sole discretion, including, but not limited to, making inappropriate requests, engaging in inappropriate behavior, including inappropriate touching, or the Provider perceives a threat to his/her safety or well-being, and such conduct results in a Provider ending the Treatment or Medical Treatment prior to the end of the allotted time, Rest will not refund you.
Use of Web Site, Mobile Applications, and our Service
a. The "Service" is Rest's website located at www.restmassage.net , and mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides health and wellness professionals ("Providers") with a network (the “Rest Network") through which Providers can provide Treatments (each, a "Treatment") to consumers, whether in-person or virtually, meaning utilizing a video communications platform. Any person who accesses and/or uses the Service to book a Treatment on his or her own behalf, or on behalf of any third party, will be referred to herein as a “Rest Member".
b. Subject to the terms and conditions of these Terms, Rest hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by Rest. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Rest reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
2. Registration, Accounts, Passwords and Security
a. Rest Members. In order to become a Rest Member, you must complete the registration process by providing Rest with current, complete and accurate information, as prompted by the applicable registration form.
b. Providers. In order to become a Provider, you must enter into the Agreement Between Rest and Provider for Use of Rest Services (the "Provider Agreement") and provide any information required by Rest in order to verify your identity and credentials or as otherwise set forth in the Provider Agreement. Providers providing virtual wellness services must also sign an addendum governing audiovisual usage.
c. Accuracy of Information. You acknowledge that in the event you provide any information to Rest which is untrue, inaccurate, not current or incomplete, Rest may terminate these Terms and your continued access and use of the Service.
i. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS YOUNGER THAN REST S STATED AGE MINIMUMS OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY REST. Treatments may be booked for minors through the platform by a parent or legal guardian who must be present in the same room during the entire duration of appointment. Guardians who are booking for minors must indicate that they are booking for a dependent and indicate the age of the minor at the time of booking. For massage therapy, physical therapy, and assisted stretching appointments, minors must wear T-shirts and shorts for the entire duration of their appointments.
Treatments may be booked for minors as follows:
16 and older for massage therapy and assisted stretching
10 and older for physical therapy
ii. If you are using the Service on behalf of an individual, company, entity, or organization (each, a "Guest"), you represent and warrant that (A) you are an authorized representative of such Guest with the authority to bind such Guest to these Terms, (B) agree to be bound by these Terms on behalf of such Guest, and (C) your Guest meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Guest complies with these Terms.
e. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Rest immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at www.restmassage.net/contactus You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Rest will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Rest or another party due to someone else
using your account or password.
3.Your Responsibilities. You may use the Service solely for lawful and, unless you are a Provider or On-Call Member (defined in Section 5.h below), non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Rest.
m. access, tamper with, or use non-public areas of the Service, Rest’s (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Rest's providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Rest employees and other users;
o. create a new account with Rest, without Rest's express written consent, if Rest previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service's functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws, regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact Providers for sexual or other inappropriate purposes, or using the Service in violation of Rest's or any third party's intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
4. Medical-Related Disclaimers
a. THE CLAIMS MADE IN CONNECTION WITH THE MOBILE APPLICATION OR THROUGH THE SERVICE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
b. THE CONTENT AND INFORMATIO