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 INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE "CONTENT") ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.
c. REST DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY REST OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
d. THE SERVICE IS CONTINUALLY UPDATED AND REST MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. REST MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.
e. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY PROVIDER TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. THE SERVICE ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
f. ALTHOUGH REST PROVIDES INFORMATION ABOUT VARIOUS PROVIDERS ON THE SERVICE, REST DOES NOT RECOMMEND ANY OF THE PROVIDERS AND DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH PROVIDERS. REST REQUESTS COPIES OF PROVIDERS' LICENSES, CERTIFICATIONS AND OTHER BACKGROUND INFORMATION, BUT REST DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE.
g. IT IS SOLELY THE RESPONSIBILITY OF EACH REST MEMBER, AND NOT REST, TO DETERMINE WHETHER A GIVEN PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. FURTHER, REST DOES NOT AND CANNOT GUARANTEE THAT ITS IDENTITY VERIFICATION PROCESSES (WHETHER OF REST MEMBERS OR PROVIDERS) ARE ACCURATE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, REST DISCLAIMS ANY LIABILITY ARISING OUT OF A REST'S FAILURE TO ACCURATELY VERIFY THE IDENTITY OF A REST MEMBER OR PROVIDER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS' PERSONAL PROPERTY AND PERSONAL SAFETY. 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. YOU AGREE THAT TREATMENT AND MEDICAL TREATMENT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING A TREATMENT OR MEDICAL TREATMENT, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE TREATMENTS AND MEDICAL TREATMENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH TREATMENTS OR MEDICAL TREATMENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE OR RECEIVING THE TREATMENTS OR MEDICAL TREATMENTS MADE AVAILABLE TO YOU BY REST AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH
INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
5. Booking Treatments and Medical Treatments. As a condition of being permitted to make appointments for Treatments or Medical Treatments through the Service, Rest Members agree with the following terms for all appointments booked on the Service.
a. Treatments Booked Through the Service. Rest Members understand that Providers and Healthcare Providers providing the Services are highly trained, certified and licensed (where applicable under relevant state law) and specialize in medical, massage therapy, personal training, assisted stretch, and other health and wellness techniques, as applicable. Rest does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. Rest Members agree that Treatments are for therapeutic purposes only and should not be used if the person who will receive the Treatment is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where Treatment is otherwise contraindicated. A Rest Member who uses the Service to book a Treatment or Medical Treatment on his or her own behalf should consult a physician if uncertain as to whether a Treatment or Medical Treatment is appropriate for such Rest Member, and a Rest Member who uses the Service to book a Treatment or Medical Treatment on behalf of a third party should encourage that third party to do the same.
b. Prices. The fees listed on the Service are the standard fees for the listed service, which Rest may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Provider or Healthcare Provider may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "Fee."
c. No Liability.To the fullest extent permitted by law, Rest will not have any liability whatsoever for any of the services provided by Providers or Healthcare Providers. Providers and Healthcare Providers bear sole liability for all of the services provided, including those services that are booked through the Service.
d. Exclusive Booking through Rest. In order to receive pre-negotiated rates with Providers or Healthcare Providers, Rest Members agree that once a Rest Member has made an appointment with a Provider through the Rest Network, all subsequent appointments with the Provider or Healthcare Provider will be made through Rest, for as long as: (i) the Provider or Healthcare Provider is an active participant in the Rest Network, and (ii) the Rest Member continues to keep its account with Rest active and in good standing.
e. Responsibility for Payment. You will be charged the Fee prior your receipt of a Treatment by a Provider. You agree to pay to Rest all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that Treatments obtained through the Service in all l