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IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, DIAL 988 OR GO TO YOUR NEAREST EMERGENCY ROOM.  DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS.

 

Restorative Road Health and Wellness, LLC.

Terms of Use

 

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Restorative Road Health and Wellness’s (“Restorative Road,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following: 

  • https://www.restorativeroad.com/ (our “Website”);
  • Restorative Road, available on Google Play and the Apple App Store (our “App(s)”); and
  • The services (“Services”) made available through our Website and/or App(s). 

The Services, our Website and/or App(s) are collectively referred to as our “Platform.” 

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, and our Privacy Policy. You must read these Terms carefully before clicking “Accept” and/or using the Platform or Services. Do not click “Accept” or use our Platform or Services if you do not agree to these Terms of Use; in such circumstances, we do not permit you to use our Platform or Services. Use without permission may constitute intellectual property infringement, computer abuse and a violation of criminal laws. If at any time the Terms of Use and/or Privacy Policy are no longer acceptable to you, your sole remedy shall be to immediately cease all use of the Platform or Services. 

[These Terms are between you and Restorative Road, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of Restorative Road.]

 

Binding Arbitration.

These Terms of Use provide that all disputes between you and Restorative Road that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Restorative Road.

 

No Medical Care or Advice on the Site 

Restorative Road does not provide medical or psychological advice or care. Restorative Road does not recommend or endorse any specific providers, tests, physicians, medications, products, treatments, therapies, or procedures. You acknowledge that your reliance on any information delivered s via the Platform or Services is solely at your own risk and you assume full responsibility for all risks associated herewith. 

The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical or psychological advice, diagnosis, treatment, or recommendations of any kind by Restorative Road. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Restorative Road, or in connection with any communications supported by Restorative Road, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTHCARE PROVIDER IMMEDIATELY. 

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.

 

Services Provided 

Certain non-healthcare services such as progress tracking, coaching and support programs, and self-guided health resources, may be available on the Platform and included in the Subscription.

 

Registration 

You must create an account by filling in the registration form with your first name, last name, e-mail address, password, any other required contact information and other information as requested and set out in our Privacy Policy (“Registration Data”). The Registration Data provided by you during the registration process must be correct. With the registration you are concluding a contract with us regarding the use of Platform. After you have created an account we will ask you to complete an intake form in order to enable you to make use of our Coaching services (see below in this regard). You agree that you will not create more than one account or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: 

  • provide true, accurate, current, and complete information about yourself as prompted by our account enrollment form; 
  • to maintain, and promptly update such Registration Data, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Restorative Road has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current, or incomplete, Restorative Road reserves the right to remove you from using the Platform or take other steps as appropriate; 
  • remain responsible for maintaining the confidentiality of your account password and username (if any), and any other security information related to your account at all times. 
  • abide by all the Terms of Use and conditions, including that you have the right, authority, and capacity to enter into this agreement; and 
  • You certify that you are 18 years old, or, if you are 13 years old, or older, but under 18 years old, you have obtained the consent of your parent or legal guardian to use our Services in which case these Terms apply to you and your parent or legal guardian. 

If you have any problems accessing our website, please contact us by telephone to gain access to our Service.

 

Your Subscription 

We may offer different subscription options that you can choose; including billing that can occur weekly, every (4) four weeks, or quarterly. Any type of subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring membership service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation. 

You can cancel the subscription to the service at any time for any reason. Your membership must be canceled before it renews in order to avoid the next billing cycle. We reserve the right to change our subscription or adjust prices of our services. Any changes to your subscription will only take effect following proper notice to you.

 

Refunds.  All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether the Platform or Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time in accordance with these Terms of Use. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

 

Third-Party Payment Processor.  All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Restorative Road will not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law, and reserve the right to suspend or terminate your user account, use of the Platform or Services.

 

Use of the Platform And Services 

You may use the Platform and Services only for personal and non-commercial purposes. When you accept these Terms of Use, we grant you a limited, personal, non-exclusive, nontransferable, fully revocable license to access and use the Platform and Services as permitted under these Terms of Use and any other agreements you may have entered into with us. You have no other rights the Platform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services (collectively, the “Content”). Please note, Content does not include any User Generated Content (defined below).  

You agree not to use the Platform and Services for commercial or public purposes or to: (i) violate any applicable local, state, national or international laws; (ii) stalking, harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating or exhibiting other harmful or disrespectful behavior toward another individual or staff of Restorative Road and relevant third parties providing Services to you,; (iii) violating the privacy rights of any person, including collect or store personal data about other users or persons, or recording coaching sessions and other audio or visual interactions without the knowledge and consent of the person being recorded; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Platform and Services or servers or networks connected to the Platform and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or Services; (vi) attempt to gain unauthorized access to any portion of the Platform, Services or any other accounts, computer systems, or networks connected to the Services or Platform, whether through hacking, password mining, or any other means; (vii) otherwise using the Platform in any manner that exceeds the scope of use granted herein; (viii) modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Services, Platform, or the Content in any manner, and/or (x) attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing. 

Restorative Road has the right to suspend or terminate your user account at any time, and without notice as it deems advisable, including where you violate these Terms of Use, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Restorative Road shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Restorative Road has previously prohibited you from accessing or using the Platform Services, you are not permitted to access the Platform or its Services.

 

Platform Accessibility. 

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

 

Your Device Functionality. 

You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Platform. Restorative Road does not guarantee that the Platform or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Restorative Road will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Restorative Road is in no way responsible for your carrier rates and data fees, where applicable.

 

Consent to Receive Calls, Text Messages, and Audio and/or Video Recording (opt-in)

By providing your mobile number, you are agreeing to be contacted by or on behalf of Restorative Road at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us some Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your services. If you have revoked consent and want to re-enroll in receiving transactional text messages, you can re-enroll by updating your notification preferences in your User account.

Restorative Road may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

You can opt out of text messages by updating your notification preferences in your user account. We may send you a text message to confirm you opt out of transactional text messages. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you, and you may not receive important and helpful information and reminders about your Services. 

 

Sensitive Communications. 

You understand that while Restorative Road takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Restorative Road outside of the Platform (including off-Platform communications with Coaches) are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of the Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to Restorative Road , and receiving text messages from or on behalf of Restorative Road, that are not encrypted. Likewise, by emailing Restorative Road or giving us your email, you consent to receiving unencrypted emails messages from or on behalf of Restorative Road.

 

Notice Concerning Services of Restorative Road Coaches 

Restorative Road coaches are not licensed health care professionals and are not authorized to provide services requiring professional licensure, including physiotherapy or counselling. Your interactions with your Restorative Road coach are not intended to be a substitute for professional health care advice, diagnosis, or treatment. Always seek the advice of your physician or therapist with any questions you may have regarding your physical or mental health. Never disregard professional health care advice or delay in seeking it based on any interaction with your Restorative Road coach.

 

Feedback 

Restorative Road welcomes feedback, comments and suggestions for improvements to the Platform or Services (“Feedback”). You can submit Feedback by emailing feedback@restorativeroad.com. In doing so, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, and/or create derivative works based upon and otherwise exploit the Feedback for any purpose. These provisions shall survive termination of your account, these Terms of Use, the Platform or Services.

 

Intellectual Property  

 

Content

Restorative Road and/or Restorative Road’s licensors, as applicable, retain all right, title, and interest in and to the Platform, the Services and all Content available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Restorative Road trademarks, service marks, and logos or those of Restorative Road’s third party licensors are strictly prohibited without the prior written permission of Restorative Road or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow. 

 

User Generated Materials

 All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Instagram) that you own and link or otherwise associate with the Platform or your Account, including any medical information you provide via Platform, if any and as applicable, is referred to in these Terms as the “User Generated Materials.” You own and are responsible for all User Generated Materials and grant Restorative Road and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, perform and display (publicly or otherwise), adapt, analyze, exploit, and make derivative works of all such User Generated Materials for any purpose. You agree not to provide any User Generated Materials that (i) are false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. Restorative Road may, but does not assume the obligation to, monitor and/or delete any User Generated Materials that it deems in its sole discretion to be in violation of the foregoing sentence. You represent and warrant that you have the legal right and authorization to provide all User Generated Materials to Restorative Road, and if relevant, its related third parties, so Restorative Road or those entities can provide you with the Services.

 

DMCA

 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Restorative Road a written notice by mail or email, requesting that Restorative Road remove such material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Restorative Road a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/  for details.  Notices and counter-notices must be sent in writing to Restorative Road as follows:  By mail to Restorative Road, 1002 N Meridian, Ste 100 PMB 282, Puyallup, WA 98371. Attention: DMCA; or by email to info@restorativeroad.com.  

 

Indemnification 

You agree to defend, indemnify, and hold Restorative Road and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Services, or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Restorative Road or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

Disclaimers of Warranties; Limitation of Liability; Release

 

Disclaimer of Warranties  

YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RESTORATIVE ROAD DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. RESTORATIVE ROAD DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.

 

Limitation of Liability  

TO THE FULLEST EXTENT PERMITTED BY LAW, RESTORATIVE ROAD AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RESTORATIVE ROAD, AND THEIR RELATED PARTIES. TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.  

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED; ACTIONS BROUGHT THEREAFTER ARE FOREVER BARRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT RESTORATIVE ROAD MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF RESTORATIVE ROAD‘S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

 

Release   

You hereby release and hold harmless Restorative Road, and its Related Parties 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, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform or Services and products offered or provided on or through the Platform or Services and/or the rights and privileges granted or conveyed by you under these Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing). 

If you are a California resident, you waive California Civil Code Section 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. 

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

 

Disputes and Binding Arbitration 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

THIS SECTION OF THE TERMS OF USE SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT." 

By accepting the terms of this Arbitration Agreement, you and Restorative Road (collectively, "Parties") agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Platform or Services (collectively, "Disputes") will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury. 

The Parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Consumer Rules"), which are available via the internet at www.adr.org or by using a service such as Google to search for "AAA Consumer Arbitration Rules"; provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms and procedures shall apply: 

The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute. 

Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable. 

If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Seattle, Washington. 

Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator. 

The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. 

Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable. 

Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment and the arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions. 

The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court of competent jurisdiction. 

A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration. 

If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. 

Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. 

Class, Collective, and Other Representative Action Waivers ("Class Action Waiver"). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

 

Mass Arbitration

To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a "Mass Arbitration" and the following terms and procedures shall apply: 

The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands. 

Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider. 

The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch. 

A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands. 

The Parties agree that arbitration demands are of a "similar nature" if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Seattle, Washington.

 

Exceptions to Arbitration

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.

 

Optional Pre-Arbitration Dispute Resolution and Notification 

Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Restorative Road, 1002 N Meridian, Ste 100 PMB 282, Puyallup, WA 98371. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.

 

Application to Third Parties

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform or Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

 

Right to Opt Out of Arbitration

You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to info@restorativeroad.com, using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor Restorative Road will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and Restorative Road shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.

 

Changes to Arbitration Agreement

Restorative Road will provide 30 days’ notice of the date of any material changes to the Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Platform or Services after the 30th day, you agree that any unfiled claims of which Restorative Road does not have actual notice are subject to the revised Arbitration Terms. If you do not agree to such changes, you may opt out by providing notice as described in the Arbitration Agreement. 

If you reject any such changes by opting out of the Arbitration Terms pursuant to your right to opt out of arbitration, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Terms will not apply to claims not yet filed. If Restorative Road changes these Arbitration Terms after the date you first accepted these Arbitration Terms (or accepted any subsequent changes to these Arbitration Terms), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such changes, you may opt out by providing notice as described in the Arbitration Agreement.

 

Survival

This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.

 

Miscellaneous Terms

By opting in to use the Platform and/or Services, you affirmatively consent to conduct business electronically with Restorative Road and you agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that Restorative Road provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. 

You understand and acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Restorative Road’s control, and thus Restorative Road will not be responsible for any delays, failures, or damages associated with the Platform which result from any system delays, downtimes, interruptions or other failures of or problems with the Platform which are outside of Restorative Road’s control. Restorative Road will not be deemed to be in breach of or liable for any breach of these Terms of Use or Restorative Road’s Privacy Policy due to any event or occurrence beyond Restorative Road’s reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including Telehealth Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster. 

The Terms of Use and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Washington excluding any rules governing choice of laws. Except for claims that must be arbitrated pursuant to the Arbitration Agreement, any claim or dispute arising in connection with the Platform or Services shall be decided exclusively by a court of competent jurisdiction located in Seattle, Washington, and you consent to the personal jurisdiction of and venue in such courts and waive any and all jurisdictional and venue defenses or objections otherwise available. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT. 

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to the Terms of Use or our relationship with you, regardless of theory, shall be the US District Court for the Western District of Washington, or the state courts located in King County in Washington. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in the Terms of Use, including the choice of the laws of the State of Washington, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live. 

You acknowledge and agree that Restorative Road is a third-party beneficiary of the terms applicable to the Services and that the coaches are third party beneficiaries of the terms applicable to the Platform. Otherwise, unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms of Use, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use. 

We may change the Terms of Use by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of the Terms of Use is posted at the bottom of the Terms of Use. By using the Platform after the changes become effective, you agree to be bound by such changes to the Terms of Use. If you do not agree to the changes, you must terminate access to the Platform and participation in its services. 

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Restorative Road’s’ prior written consent. Restorative Road may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of your and Restorative Road‘s heirs, successors, and permitted assignees. 

The paragraph headings in the Terms of Use are solely for the sake of convenience and will not be applied in the interpretation of the Terms of Use. 

If any provision of the Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. 

To clear any doubt, all clauses regarding intellectual property, arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of use of the Platform, the Service or the Terms of Use.

 

Contact us

 

Please direct any questions you may have about the Platform, the Services or these Terms of Use to any one of the following:

 

  • By email: info@restorativeroad.com
  • By phone: (253)256-5505
  •  Mailing Address: Restorative Road Health and Wellness, LLC. 1002 N Meridian, Ste 100 PMB 282, Puyallup, WA 98371

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of these Terms of Use.