Terms of Service

These Terms of Service (this “TOS”) concern Relaxable.com, LLC and www.relaxable.com website (together with its pages, features, and functions, the “Site”) and the Relaxable.com mobile application (together with its sections, features, and functions, the “App”) and all associated services further below (the “Services”). This TOS is acknowledged by you and any person helping you visit, access, register with, or use the Site, the App, or the Services (collectively, “you” or “your”).

PLEASE READ THIS TOS CAREFULLY BEFORE ACCESSING OR USING THE SITE, THE APP, OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND RELAXABLE.COM.

YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS TOS WHENEVER YOU CREATE, REGISTER WITH, OR LOG IN TO AN ACCOUNT ON OR THROUGH THE SITE OR THE APP. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS TOS WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE, THE APP OR THE SERVICES; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

IF YOU DO NOT ACCEPT AND AGREE TO THIS TOS IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM VISITING, ACCESSING, REGISTERING WITH, SUBSCRIBING TO OR USING THE SITE, THE APP OR THE SERVICES.

RELAXABLE.COM MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THESE TERMS OF SERVICE AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE OR THE APP, EMAILED TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR USER ACCOUNT (DEFINED BELOW) OR POSTED TO YOUR USER ACCOUNT (DEFINED BELOW), AS APPLICABLE AND AS RELAXABLE DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THESE TERMS OF SERVICE AND YOUR USER ACCOUNT (DEFINED BELOW) EACH TIME YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO, OR USE THE SITE, THE APP OR THE SERVICES.

1. Eligibility; Parental Control.

(a) Eligibility. The Site, the App, and the Services are offered only to users thirteen (13) years of age or older who have accepted this TOS. By visiting, accessing, registering with, subscribing to, or using the Site, the App, or the Services, you represent and warrant to Relaxable.com that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to, and using the Site, the App, and the Services, and for purchasing and using any products or services on or through the Site or the App, and you may only use them for lawful purposes.

(b) Parental Control. THE SERVICES ARE INTENDED ONLY FOR PERSONS WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE, OR UNDER PARENTAL SUPERVISION. RELAXABLE.COM IS NOT RESPONSIBLE FOR POLICING AND DOES NOT TRACK OR POLICE THE AGE OR MATURITY OF ITS VIEWERS. THAT RESPONSIBILITY FALLS ON YOU OR THE PARENT OR LEGAL GUARDIAN OF ANY CHILD WHO MAY VIEW SUCH CONTENT. IN OTHER WORDS, VIEWER DISCRETION IS ADVISED.

2. Privacy.

(a) Privacy Policy. Relaxable.com respects the privacy of others. Relaxable.com’s policies concerning the collection and use of your personal information in connection with the Site, or the App are set forth in Relaxable.com’s PRIVACY POLICY, which you should carefully review each time you visit, access, register with, subscribe to, or use the Site, the App, or the Services.

(c) Express Consent to Privacy Policy. YOU HEREBY EXPRESSLY CONSENT TO RELAXABLE.COM AND ITS AFFILIATED COMPANIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN RELAXABLE.COM’S PRIVACY POLICY.

3. Description of Services.

  1. The following further describes the Services. Relaxable.com reserves the right, but not the obligation, to change or otherwise alter the operation, features, and content of the Services as Relaxable.com sees fit in its sole discretion from time to time.

    (a) Content Distribution. The Services may include Relaxable.com’s publication, distribution, or transmission of various articles, audio, videos, photos, and other content owned or licensed by Relaxable.com on or through the Site and/or the App. The Services may also include the provision for sending push notifications to you through the App. Relaxable.com reserves the right, but not the obligation, to change or otherwise alter the operation, features, and content of the Services as Relaxable.com sees fit in its sole discretion from time to time.

  2. 4. User Account.

  3. (a) Registration. As explained further herein, to secure the right to access and use the registration-only or subscription-only pages or features of the App or the Services, you must register with and create a personal user account with Relaxable.com through the App (“User Account”), as well as reaffirm your acceptance of and agreement to this Terms of Service and those additional terms, conditions, and policies referenced herein, as Relaxable.com may require from time to time. As part of the registration or subscription process, you may be required to satisfy certain conditions precedent imposed by Relaxable.com (including, for example, providing additional information to Relaxable.com, entering into additional agreements with Relaxable.com), and paying certain subscription fees or other amounts. Unless otherwise permitted by Relaxable.com in writing, you may only have one (1) non-transferable User Account.

    (b) User Account Activity and Information. You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current email address) because your failure to do so may result in your inability to access, use, or receive all or any part of the Site, the App, or the Services and/or Relaxable.com’s termination of this Terms of Service. For the sake of security, you must immediately notify Relaxable.com if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, Relaxable.com has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use the information in your User Account to facilitate the exercise and performance of Relaxable.com’s rights and obligations under this Terms of Service, the operation of the Site and/or the App, the provision and performance of the Services and/or any other rights, obligations, operations and services related to the subject matter of this Terms of Service.

  4. 5. Ownership.

  5. The Site, the App, the Services, and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Relaxable.com. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Terms of Service. No rights or permissions granted to you under this Terms of Service are coupled with an interest. Nothing contained in this Terms of Service shall be construed as a waiver or limitation of Relaxable.com’s or its licensors’ respective rights and remedies under applicable law.

  6. 6. Rights, Permissions, and Consents.

  7. Subject to the terms and conditions of this Terms of Service, Relaxable.com grants you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and view the various publicly displayed pages of the Site and the App and to view the information and content found thereon. If you have a User Account in good standing, then, subject to any associated payment, registration, and subscription obligations imposed by or with the prior consent of Relaxable.com, said license shall extend to the registration-only or subscription-only pages, features, or functions of the Site, the App, or the Services, as applicable. Your unauthorized use of the Site, the App or the Services, or any breach by you of this Terms of Service, automatically terminates this license.

  8. 7. Subscriptions.

  9. (a) Subscription Plans and Fees. As explained further above, to secure the right to access and use certain subscription-only pages, features, or functions of the App and to maintain your User Account in good standing, you must subscribe to Relaxable.com for a period of either one (1) month (a “Monthly Subscription”), subject to a monthly auto-renewal, or twelve (12) months (an “Annual Subscription”), subject to an annual auto-renewal. Accordingly, you understand and acknowledge that, with the exception of any free trial period of seven (7) days, Relaxable.com will indirectly charge your iTunes or Google Play account (“iTunes/Google Play Account”) upon your confirmation of the purchase via the Apple App Store or the Google Play Store, a recurring subscription fee in exchange for your right to access and use the subscription-only pages and features of the App in accordance with this TOS (the “Subscription Fee(s)”). Accordingly, you understand, acknowledge, and agree that at the start of each subscription period, the payment transaction for the applicable Subscription Fee will automatically be charged to your iTunes/Google Play Account, and you will receive a receipt from the Apple App Store through your iTunes/Google Play Account. Subscription Fees shall be calculated as follows:

(i) Any user who selects a Monthly Subscription shall pay a THIRTEEN AND 99/100 DOLLARS ($13.99) per month; and

(ii) Any user who selects an Annual Subscription shall pay SEVENTY-NINE AND 99/100 DOLLARS ($79.99) for each twelve (12) month period.

(b) Subscriptions through NFT (Non-Fungible Token). Users can also secure the right to access and use certain subscription-only pages, features, or functions of the App by purchasing and holding a Relaxable.com NFT in their cryptographic digital wallet. Relaxable.com NFTs are a form of cryptographic digital tokens, which are a new series of Ethereum blockchain-based smart contract digital tokens meeting ERC-721 standards as modified to meet the requirements of Relaxable.com subscriptions. (c) Cancellation; Automatic Renewal. You may manage or cancel your subscription (including the auto-renewal of your subscription) at any time through the account settings of your iTunes/Google Play Account. If you do not cancel your subscription or turn off the automatic renewal of your subscription before the end of the then-existing subscription period, then your subscription will automatically renew for the same duration as the prior subscription period, and you will be billed for, and you must pay for, the subsequent subscription period within twenty-four (24) hours prior to the end of the then-existing subscription period. If you cancel your subscription or turn off the automatic renewal of your subscription prior to the end of the then-existing subscription period, then your right to access and use the subscription-only pages and features of the App may continue through the end of the then-existing subscription period. Any technical issues relating to the cancellation of your subscription through your iTunes/Google Play Account should be handled by contacting the appropriate customer support team for the Apple App Store or Google Play Store, as applicable. (d) Subscription Fee Amounts. To the extent permitted by law, the Subscription Fee amounts are subject to change by Relaxable.com as determined in its sole discretion. Additional information about Relaxable.com’s current Subscription Fee rate amounts is available at www.relaxable.com. By accepting these terms of services, you understand and acknowledge that Relaxable.com reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Relaxable.com sees fit in its sole discretion. (e) Free Trials and Discounts. Relaxable.com reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using any or certain subscription-only pages and features of the App. Relaxable.com will not charge you a Subscription Fee for any such promotional free trial period. If you elect to purchase a subscription during your promotional free trial period, then any unused portion of time remaining on your promotional free trial period shall be forfeited.

NOTWITHSTANDING THE FOREGOING, YOU HEREBY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR ITUNES/GOOGLE PLAY ACCOUNT WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEE WITHIN TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE PROMOTIONAL FREE TRIAL PERIOD UNLESS YOU TURN OFF THE AUTOMATIC RENEWAL OF SUBSCRIPTIONS IN THE ACCOUNT SETTINGS OF YOUR ITUNES/GOOGLE PLAY ACCOUNT.

8. Payments.

  1. (a) Third-Party Payment Processing Vendor. All credit card, debit card, and other monetary transactions on or through the App shall occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the App (including, without limitation, through the Apple App Store). RELAXABLE.COM’S RELATIONSHIP WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S), IF ANY, IS MERELY CONTRACTUAL IN NATURE, AS IT IS NOTHING MORE THAN A THIRD-PARTY VENDOR AND IS IN NO WAY SUBJECT TO RELAXABLE.COM’S DIRECTION OR CONTROL; THUS, THEIR RELATIONSHIP IS NOT, AND SHOULD NOT BE CONSTRUED AS, ONE OF THE FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS- EMPLOYEES, PARTNERS, JOINT VENTURERS, CONTRACTORS OR THE LIKE.

    (b) Payment Authorization. If you provide Relaxable.com with your payment information, then you authorize Relaxable.com to do the following as Relaxable.com deems necessary, although Relaxable.com has no obligation to do so: (a) share your payment information with the Payment Authorizer, especially if you purchase any products or services from the Payment Authorizer on or through the Site or the App, (b) share your payment information with the third-party payment processing vendor(s), and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s), and/or applicable third-party providers.

    (c) Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Relaxable.com, the App or in relation to the performance of the Services if any. If you are a Company, then this means the amount payable to Relaxable.com under your separate services agreement with Relaxable.com, the third-party payment processing vendor(s) and/or other third parties on or through the App. You also agree to be responsible for all payments, fines, penalties, and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the App (including, without limitation, all fees, penalties, taxes, and duties) and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any such overdue amounts.

    (d) Waiver of Claims; Unauthorized Payments. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST RELAXABLE.COM RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH, OR IN RELATION TO YOUR ACCOUNT(S) WITH RELAXABLE.COM, RELAXABLE.COM’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. However, you may submit a claim of the unauthorized payment to Relaxable.com, and Relaxable.com will undertake a reasonable investigation as Relaxable.com sees fit under the circumstances and, if Relaxable.com deems appropriate, assist in correcting the alleged unauthorized payment; provided that such claim (each, an “Unauthorized Payment Claim”) is received by Relaxable.com within fifteen (15) days of the subject charge or payment. Each Unauthorized Payment must be submitted by email to [email protected], with a subject line of “Claim Concerning Unauthorized Payment.

  2. 9. Cancellation.

  3. With respect to the Monthly or Annual subscription, you will have a free trial period of seven (7) days, during which you can cancel the subscription without any cost. In the event you cancel your subscription after the free trial period, then you shall not receive any refund of any of the Monthly or Annual fees. All other sales and payments made with respect to the App or any products and services offered, sold, or provided to you on or through the App (including, without limitation, the Services), as applicable, are final, irrevocable, and not subject to or eligible for refund, return or exchange, in whole or in part, unless otherwise agreed to in separate writing between you and Relaxable.com, and subject to your full compliance with the terms and conditions of those exceptions.

  4. 10. Submissions.

  5. Relaxable.com does not accept unsolicited materials or ideas for businesses, inventions, content, or the like, and you acknowledge and agree that neither Relaxable.com nor any of Relaxable.com’s content providers nor any other user of the Site or the App (including, without limitation, any Company) are responsible or liable to you for the similarity of any information or content submitted, published, provided or made available by you on, through or in relation to the Site, the App, the Services or your User Account.

  6. 11. Prohibited Activities.

  7. You shall not engage in any of the following activities at any time with respect to the Site, the App or the Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Relaxable.com or its licensors with respect to the Site, the App or the Services); (c) the reproduction of the Site, the App or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Relaxable.com herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site and/or the App that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site, the App, the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the App, the Services or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site, the App, the Services or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the App, the Services or their servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site, the App, the Services or their servers; or (n) any other act that Relaxable.com becomes aware of and believes in good faith is improper, illegal or harmful to the Site and/or the App, their servers or any person, entity or property.

  8. 12. Take Down.

  9. Relaxable.com reserves the right, but not the obligation, to take down or otherwise excluded from the Site and/or the App, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site or the App that Relaxable.com believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.

  10. 13. Copyright Infringement.

  11. Relaxable.com respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site or the App, or from engaging in any activities on or through the Site or the App, which violate the copyrights of others. It is the policy of Relaxable.com to terminate, and Relaxable.com reserves the right to terminate without penalty or recourse, in appropriate circumstances, the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, subscribe to, and use the Site and/or the App who is a repeat copyright infringer. If Relaxable.com becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Relaxable.com to take reasonable steps within its power to terminate, and Relaxable.com reserves the right to terminate without penalty or recourse, in appropriate circumstances, the right of that user to access and use the Site and/or the App. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission, or other use of a work found on the Site, or the App infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity.

  12. 14. User Representations, Warranties, and Covenants.

  13. You represent, warrant and covenant to Relaxable.com that: (a) you are a natural person and of thirteen (13) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Terms of Service in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Terms of Service; (d) you understand and acknowledge that by accepting this Terms of Service you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Terms of Service; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, the Site’s servers, the App, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/ or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) Relaxable.com is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Terms of Service; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Relaxable.com in connection with your access or use of the Site, the App and the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

  14. 15. Disclaimers and Limitations.

(a) General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO, OR USE OF THE SITE, THE APP AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE, THE APP, THOSE PRODUCTS AND SERVICES, THE SUCCESS OR PERFORMANCE OF THE SITE, THE APP OR THOSE PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT, AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE, THE APP OR THOSE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. RELAXABLE DOES NOT MAKE, NOR HAS RELAXABLE MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, THE APP, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. RELAXABLE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH, AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THE APP, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, AND SAFETY. RELAXABLE DOES NOT MAKE, NOR HAS RELAXABLE MADE, ANY AFFIRMATION OF FACT, PROMISE, OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THE APP, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS TERMS OF SERVICE OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.

(b) Limitation of Liability. IN NO EVENT SHALL RELAXABLE.COM OR ANY OF RELAXABLE.COM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (I) YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE, THE APP OR THE SERVICES, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE, THE APP OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES); (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN RELATION TO THE SITE, THE APP OR ANY SUCH PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VI) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VII) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE, THE APP OR ANY SUCH PRODUCTS OR SERVICES; OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE, THE APP OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST RELAXABLE.COM AND/OR RELAXABLE.COM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE, THE APP AND SUCH PRODUCTS AND SERVICES.

16. General Release of Claims.

  1. YOU HEREBY RELEASE AND HOLD HARMLESS RELAXABLE.COM AND RELAXABLE.COM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, UNPAID BENEFITS, UNPAID WAGES, OVERTIME, DISCRIMINATION, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE APP, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO (AND IN NO EVENT SHALL YOU SEEK TO) ENJOIN RELAXABLE.COM, ANY OF RELAXABLE.COM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR EXERCISE ANY OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS).

  2. 17. Indemnification.

  3. YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS RELAXABLE.COM AND RELAXABLE.COM’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE SITE, THE APP OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS TERMS OF SERVICE.

  4. 18. Term; Termination; Survival.

  5. This Terms of Service shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Terms of Service. Relaxable.com may terminate this Terms of Service at any time, for any or no reason, and without notice to you (including, without limitation, if Relaxable.com believes that you have violated or acted inconsistently with any term or condition of this Terms of Service). You may terminate this Terms of Service at any time and for any or no reason by canceling your User Account or applicable subscriptions with Relaxable.com. If this Terms of Service is terminated for any reason, then all rights granted to you under this Terms of Service shall automatically revert back to Relaxable.com, and the following shall survive in perpetuity: (a) all defined terms under this Terms of Service; (b) all rights and privileges under this Terms of Service which were granted to and/or accrued in favor of Relaxable.com and/or any of Relaxable.com’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Terms of Service’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Terms of Service.

  6. 19. Dispute Resolution.

(a) Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Terms of Service, any additional terms, conditions or policies referenced in this Terms of Service (including Relaxable.com’s PRIVACY POLICY), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, the App, any products or services purchased on, through or in relation to the Site or the App (including, without limitation, the Site and App’s Privacy Policy and the Services) and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes; this Terms of Service; the additional terms, conditions, and policies referenced herein (including, without limitation, the Services); your access or use of the Site, the App, and/or the P.A. Pages; your transactions on, through, or in relation to the Site, the App, and/or the P.A. Pages; your purchase or use of any products or services offered, sold, marketed, or provided on, through or in relation to the Site, App, and/or the P.A. Pages; all information disclosed or received on, through, or in relation to the Site, the App, and/or the P.A. Pages (including, without limitation, personal information and non-personal information); all content found on, through or in relation to the Site, the App, and/or the P.A. Pages; all information, communications and statements made on, through, or in relation to the Site, the App, and/or the P.A. Pages (including, without limitation, your express consent to Relaxable.com sending or otherwise communicating with you via any electronic means or forms, e.g., email, telephone and text message); and/or the Parties’ relationship. The arbitration shall be binding, final, and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATING AS A MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.

(b) Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY DOES HEREBY WAIVE SUCH PARTY’S RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.

20. Notice.

  1. Unless otherwise expressly stated in this TOS, Relaxable.com may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Site and/or the App, as applicable, by email to the email address associated with your User Account or by posting to your User Account, and all such notices shall be deemed effective as of their stated effective dates.

  2. 21. Miscellaneous.

  3. (a) Electronic Signatures. IF YOUR ACCEPTANCE OF THESE TERMS OF SERVICE IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THESE TERMS OF SERVICE. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF SERVICE, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THESE TERMS OF SERVICE AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF SERVICE ALONE SUFFICES.

    (b) Excused Performance. Relaxable.com is hereby excused for any failure to perform under this Terms of Service to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.

    (c) Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Terms of Service without Relaxable.com’s prior written consent in each instance.

  4. 22. Contact Us.

  5. Please direct any questions you may have about the Site, the App, the Services, or this Terms of Service to [email protected], with a subject line of “Website Question.” The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Terms of Service.

  6. 23. Last Modified.

  7. This Terms of Service was last modified and is dated effective as of April 13th, 2022.