Rejuv At Work, LLC
Terms of Service
Effective Date: July 8, 2019
Rejuv At Work, LLC (“Company,” “we,” “us” or “our”), was born out of the need for employees to take care of their bodies and replenish their energy and creative processes in efficient, enjoyable ways at the workplace. Our Website www.rejuvatwork.com (the “Website”), provides information and related content about us and our services (the “Services”). You can use Rejuv At Work to schedule professional certified massage therapists to provide great therapeutic and healing touch as well as knowledgeable instructors to lead wellness classes such as fitness, meditation, nutrition, and stress management at your company, private event or university campus (“Service Providers”).
These terms of service are entered into by and between you and us and govern your access to the Website and use of the Services, whether as a visitor, user or Service Provider (collectively, the “Terms”).
Please read these Terms carefully before using the Services and refer to these Terms periodically to make sure that you are aware of the most current terms and conditions of your access to the Website and use of the Services. We may revise and update these Terms from time to time in our sole discretion. All changes to these Terms are effective immediately once posted and apply to all access to the Website and use of the Services from that point forward, whether or not you are notified individually of such changes. Your continued use of the Website and Services following the posting of revised Terms means that you accept and agree to the changes.
If you have a question about these Terms or just want to reach out, please email us at firstname.lastname@example.org.
The Services that we provide to our corporate and institutional clients may be governed by separate agreements. In general, these Terms are intended to supplement those agreements and to apply to all visitors to the Website and all users of the Services. Although you may need to access or use third party offerings in connection with the Services, those offerings are not considered Services under these Terms.
We reserve the right to withdraw or amend the Website, the Services, and any content, functionality or resource we provide in connection with the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, in our sole discretion and with or without notice to you.
You are responsible for:
As part of the Services, clients may opt to use the custom online scheduling system on the Website or a third-party scheduling system to provide users with information and an opportunity to sign up for the wellness services being offered to them. If you are a client’s user, you may be asked for your name and email address to access and schedule your wellness services on that client’s schedule. When you sign up for wellness services on the Website or via a third-party online scheduling system, the client may require that you submit payment for those services. Payment will be processed via a third-party scheduling system or payment gateway such as MindBody or Stripe. Your use of their services is subject to their terms and conditions, available at https://www.mindbodyonline.com or https://stripe.com, respectively.
If you are a Service Provider, and subject to the terms and conditions of your Independent Contractor Agreement with us, we may provide you with login credentials to access and manage your administrative tasks with us. To the extent that these Terms conflict with the Independent Contractor Agreement between you and us, that agreement will govern with respect to such conflict.
Access and Security
If you are provided with login credentials or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that access is personal to you and agree not to provide any other person with access to the Website or portions of it using your email address, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your email address or password or any other breach of security. You also agree to ensure that you exit from the Website at the end of each session. You should use particular caution when accessing the Website from a public or shared computer so that others are not able to view or record your personal information.
We have the right to disable any email address, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Use of the Website
Subject to your compliance with these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to access and use the Website solely as permitted by these Terms. We reserve all rights not expressly granted to you herein.
You may only use the Website for your lawful personal or internal business use, and you agree to notify us if you learn of any misuse. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, disassemble, decompile, reverse engineer, download, store or transmit any part of the Website, including any content, feature or functionality made available through the Website, except as follows:
By using the Website, you agree not to:
Except in connection with obtaining the Services from us, you must not access or use for any commercial purposes any part of the Website or any content, feature or resource available through the Website without our consent.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
Intellectual Property Rights
As between us and a client, the client owns all right, title and interest in and to any data, content, information or materials provided to us in connection with the Services (including any information related to its users). By using the Services, you hereby grant to the Company a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license and right to copy, distribute, display and perform, publish, prepare derivative works of and otherwise use any data, content, information or materials provided by you, or on your behalf, for the purposes of providing, improving and developing the Services.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, as well as the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using, accessing or posting any materials on or through the Services. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information and Content
The information and content presented on or provided through the Website is made available solely for general information purposes. Nothing we provide or offer in connection with the Services is intended to be a substitute for professional health or medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding your health or medical condition. Never disregard professional medical advice or delay in seeking it because of anything provided or offered in connection with the Services.
We do not warrant the accuracy, completeness or usefulness of any content, feature or resource or other information provided or offered in connection with the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any user of the Services or visitor to the Website.
The Website may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the statements and/or opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials linked to or provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Third Party Offerings
If the Website contains links to other websites and resources provided by third parties, these links and resources are provided for your convenience only. This includes links to third party payment processors and service providers. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
The owner of the Website is based in the State of California in the United States. We provide the Website and Services for use only by persons located in the United States. We make no claims that the Website or any content, feature or functionality is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Warranties, Representations and Disclaimers
The Company represents and warrants that the Services will be performed in a professional and respectful manner. And while we make every effort to ensure that the Website provides accurate and reliable scheduling information, we cannot guarantee that the information provided on the Website will meet your needs, be error-free or that your access will be uninterrupted.
You also understand that we cannot and do not guarantee or warrant that anything available to you to download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Assumption of Risk; Release and Waiver
By using the Services, you understand and acknowledge that the wellness services provided by Service Providers carry inherent risks that no amount of care, caution, instruction or expertise can eliminate and that there is a possibility of injury or other complications which may result from use of such services. You assume full responsibility for any and all risks associated with your use of the wellness services and the Services provided by us, including without limitation any injury to your person or property. You further agree that it is solely your responsibility to consult a physician prior to your use of the wellness services to ensure that you are physically able to participate. By using the wellness services or the Services provided by us, you confirm that you can and will safely do so and that you will notify us or the Service Provider immediately of any physical conditions or limitations which may impact your use of the wellness services or the Services provided by us.
In consideration of your use of the wellness services and the Services provided by us, you hereby and voluntarily release the Company, its officers, directors, employees, agents and Service Providers from any liability, including liability for the negligence of the Company or any Service Provider, for any injury, illness, personal property damage or other harm which you may sustain as a result of such use. You understand that this release applies to you and your personal representatives, heirs and assigns. You agree to forever release, protect, indemnify, covenant not to sue and hold harmless the Company and its officers, directors, employees, agents and Service Providers from any and all liabilities, claims, damages, losses, causes of action, judgments, costs and expenses, including but not limited to attorneys’ fees, as a result of any injury or death resulting from your use of the wellness services or the Services we provide to you. With respect to any and all claims released by the foregoing, you expressly waive any and all provisions, rights and benefits conferred by Cal. Civ. Code § 1542 or any law or any state or territory of the United States or the law of any foreign jurisdiction, or principle of common law, that is similar, comparable or equivalent to Cal. Civ. Code § 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED BELOW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY WEBSITES OR RESOURCES LINKED TO THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED BELOW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR, IF GREATER, THE AMOUNT PAID BY THE USER OR CLIENT FOR THE APPLICABLE SERVICE THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM PERSONAL INJURY, DEATH OR DAMAGE TO ANY REAL OR PERSONAL PROPERTY CAUSED BY THE COMPANY’S OR ITS SERVICE PROVIDERS’ GROSSLY NEGLIGENT ACTS OR OMMISSIONS OR WILLFUL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and Service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms.
Governing Law and Arbitration
Any dispute, claim or controversy arising from or relating to these Terms or your use of the Services, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance or termination, shall be settled by binding arbitration administered under the Rules of Arbitration by the American Arbitration Association applying California law. The place of arbitration shall be Palo Alto, California. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. By using the Services, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms or the Services.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. Any failure by us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We reserve the right to freely assign or transfer these Terms. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.