Terms of Service and Alternative Dispute Resolution Policy
Effective October 25, 2023
These terms of service (“Terms of Service”) govern the use of Reverse Health (the “Site”) and Reverse Health Mobile Application (the “Application”). The Site and the Application are owned and operated by Reverse Group Inc. (“Reverse Group” or “Company”). The Site and the Application are collectively referred to as the “Platform” within the Terms of Service. The terms “you” or “user” refer to you as a user of the Platform. The terms “we” or “us” refer collectively to you and the Company.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU USE OR ACCESS THE PLATFORM. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE YOUR UNDERSTANDING OF, AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, THE AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAIVER SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND THAT, IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A THIRD PARTY, YOU HAVE AUTHORITY TO BIND SAID THIRD PARTY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHTS TO ACCESS OR USE THE PLATFORM AND SHOULD NOT ACCESS OR USE THE PLATFORM.
- SCOPE OF TERMS OF SERVICE
Unless we indicate otherwise, these Terms of Service apply to your use of all Platforms which are owned or operated by the Company and its affiliates, including, without limitation, this Platform and any other website or application that the Company may own or operate currently or in the future. For purposes of these Terms of Service, "affiliates" shall mean, without limitation, Reverse Group SIA and any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Reverse Group SIA and/or the Company
Subject to the Terms of Service, Reverse Group provides the Platform services to users, including personalized weight loss coaching program, personalized meal plans, access to dietitian and health coach, weekly accountability calls, access to member’s group with likeminded people.
- In order to access the personalized weight loss coaching program and use certain sections and features of the Platform, you must first take our quiz on our Platform, register and create an account with us.
- To register for an account, you must provide us with an e-mail address.
- When you create an account on our Platform, you agree that all personal information you provide us through your account is up to date, accurate and truthful and you will update your personal information if it changes.
- We reserve the right to suspend or terminate your account if you are using our Platform illegally or if you violate these Terms of Service.
- In case of a dispute on user account ownership, we reserve the right to determine ownership to a user account based on our reasonable judgment.
- USERNAMES AND PASSWORDS
- Each person who uses the Platform must register for their own account.
- You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your account.
- You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account.
- You further agree not to use the account or log in with the username and password of another user of the Platform if you are not authorized to use both; or such use would violate the Terms of Service.
- NON-PERMITTED USAGE
- As a user of our Platform, you agree to use our Platform legally, not to use our Platform for illegal purposes, and not to:
- violate the rights of other users of our Platform;
- violate the intellectual property rights of the Platform owners or any third party to the Platform;
- hack into the account of another user of the Platform; or
- act in any way that could be considered illegal or fraudulent.
- If we believe you are using our Platform illegally or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our Platform. We also reserve the right to take any legal steps necessary to prevent you from accessing our Platform.
- PRICES AND OTHER FEES
- The use of certain services such as access to the personalized weight loss coaching program, personalized meal plan, access to dietitian and health coach, weekly accountability calls, access to the Members’ Group (“Paid Services” or “Subscription Services”) are subject to payment(s) of corresponding fees (“Fees”), as determined by Reverse Group at its sole discretion.
- Reverse Group reserves the right to change its Fees at any time.
- Prices for Paid Services will be as quoted on our Platform at the time you submit your order.
- Prices posted on the Platform are only valid at the time of purchase and do not reflect any promise or representation by Reverse Group with respect to future pricing.
- You shall be responsible for payment of all applicable taxes relating to your use of the Paid Services, or to any payments or purchases made by you.
- If Reverse Group is obligated to collect or pay taxes for the Fees payable by you, such taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Paid Services (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Reverse Group is not responsible for any such additional fees or costs.
- As part of registering or submitting information to receive the Paid Services, you also authorize Reverse Group (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and Fees (or otherwise charge, refund or take any other billing actions) from our payment providers or your designated banking account, and to make any inquiries Reverse Group or its affiliates may consider useful or necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider.
- PURCHASES AND PAYMENTS
- We will not be liable for any direct or indirect losses you suffer because of your use of third-party gateways for payment.
- If we believe your payment has violated any law or the Terms of Service, we reserve the right to cancel or reverse your transaction.
- Before placing your order, please check all your information and purchase details. It is your responsibility to check all your information and purchase details before placing an order. You will have the opportunity to review and edit your information and purchase details at any time before you enter your credit card details and make the payment.
- After you place an order through our Platform, you will receive a confirmation e-mail, SMS or “Magic Link” allowing you access to the Program. This communication constitutes the Company’s acceptance of your order. Please check the confirmation e-mail and inform us if any of the information in the confirmation e-mail is incorrect.
- Upon our being notified of an error with respect to pricing, we will take appropriate steps to correct the error.
- We reserve the right to refuse any order placed through the Platform at our sole discretion.
- The Platform offers several options with respect to subscription type and duration. Irrespective of the option chosen, your subscription will automatically renew until and unless you request that your subscription be cancelled.
- You may cancel your subscription at any time. Your cancellation shall be effective as of the end of the then-current subscription or renewal term. Following your cancellation, your access to the Platform shall continue uninterrupted until the end of the then-current subscription or renewal term.
- Subscriptions purchased by in-app purchase must be cancelled by changing the appropriate settings in the app store where you bought the subscription or from the ‘Manage Subscription’ section on the Platform. In the alternative, you may also send us an e-mail at [email protected] if you purchased the subscription on the Site.
- CANCELLATION AND REFUND POLICY
- When you subscribe to our Subscription Services, you are purchasing digital content that is personalized for you. Digital content is deemed “used” after DOWNLOAD or OPENING. All subscription purchases made on the Platform are non-refundable and non-exchangeable.
- Refunds may be granted only under the following circumstances:
- You did not receive access to your personalized weight loss coaching program (TOS 9(c)); or
- You received a defective product (TOS 9(d)).
- If you did not receive access to your personalized weight loss coaching program within 14 days of your purchase:
- Check your SPAM/PROMOTIONAL folder for your login access email from REVERSE GROUP.
- Email our customer support team at [email protected] raising your concern.
- Our customer support team will do their best to help you but if you do not hear from us, or do not receive your login details, within 14 days after you sent your notification email, you may cancel your subscription and request a full refund.
- If you received a defective product:
- Email our customer support team at [email protected] with a screenshot or screen recording of the faulty product.
- In the event that the Company is not able to resolve the product defect within 14 days, you may elect to cancel your subscription and request a refund.
- If your refund request is approved, you will receive a refund within 10 business days as of your refund request and you will lose access to the Paid Services. The refund will be made by the same method you used for payment.
- FAIR REFUND POLICY
Unclear or unfair refund policies are frustrating. We appreciate the trust implicit in your decision to purchase our program. While we are confident that you will love our program and want to make it a part of your life, we also understand that there might be reasons that our program might not be a good fit for you due to personal, medical or other unforeseen circumstances. Our “Fair Refund Policy” allows for a full or partial refund of initial or renewal Subscription Service payments under the following circumstances:
- You are unable to start, or continue with, the program due to dietary or other medical restrictions. If, following your Subscription Services purchase or renewal, your treating physician advises in writing that your participation in the program is medically contraindicated, you are hospitalized for a period of more than 10 days, confined to a long-term care facility for a period of more than 10 days, or pass away, you may be refunded all or a portion of your Subscription Services purchase or renewal price upon the following conditions:
- In the event that written evidence (a signed note or email from the user’s attending physician) of a user’s medical contraindication(s) to participation in the program is forwarded to [email protected] within 7 days of the subscription purchase or renewal, the Subscription Services purchase or renewal will be refunded in full.
- In the event of a user’s hospitalization for a period of more than 10 days, death and/or confinement to a long-term care facility for a period of more than 10 days (evidenced by a signed note or email from the user’s attending physician forwarded to [email protected]) within the first 30 days of the Subscription Services or renewal purchase, the Subscription Services or renewal purchase will be refunded in full.
- In the event of a user’s hospitalization for a period of more than 10 days, death and/or confinement to a long-term care facility for a period of more than 10 days (evidenced by a signed note or email from the user’s attending physician forwarded to [email protected]) following the first 30 days of the Subscription Services purchase or renewal period, the Subscription Services purchase or renewal will be refunded on a pro-rated basis.
- If, despite your good-faith efforts to follow the program, you are not seeing desired results, we will refund your money pursuant to our Weight Loss Results Guarantee. Our program is designed to help you meet your goals. However, we know how difficult it can be to find the time, energy, and motivation to make a change in your life. If your good faith efforts (defined below) to follow the program do not produce desired results, your Subscription Services purchase will be refunded in full upon the following proof, terms and conditions:
- Good Faith Efforts to follow the program shall be defined as, for a period of 14 consecutive days at any time during the 30 days following your initial Subscription Services Purchase, a) preparing and consuming meals as provided for within your Meal Plan; b) maintaining daily food logs as provided for within your program; c) daily tracking of steps as provided for within your program; d) engaging in daily workouts as provided for within your program and e) engaging with our Exclusive Members Facebook Group.
- Proof of Good Faith Efforts to follow the program shall be defined as a) a photo of at least 1 meal per day from your Meal Plan for 14 consecutive days (or at least 1 meal per day from your Personal Choice of Food in accordance with the program + screenshots of your food logs for the aforementioned number of days) AND b) screenshots of the tracker showing your daily steps for the 14 consecutive days AND c) screenshots of the tracker showing that you have done any workout from the app at least 14 days AND d) a screenshot of your engagement in our Exclusive Members Facebook Group.
- If, within 35 days of your Subscription Services purchase, you advise that you are not seeing desired results from the program, and forward Proof of Good Faith Efforts as defined herein to [email protected], your Subscription Services purchase will be refunded in full.
- Please note that, only complete fulfillment of the above conditions entitles you to your full refund under the Fair Refund Policy. This Fair Refund Policy only applies to your subscription to the program and does not apply to other in-app purchases of goods and supplements. If you do not meet the aforementioned conditions, you may still Cancel your subscription in accordance with our Cancellation and Refund Policy.
- REFUND PROCEDURES AND DOCUMENTATION
- All requests for refunds pursuant to Paragraphs 9 and 10 herein should be submitted to [email protected] for review.
- While we will make every effort to expeditiously review refund request(s), please allow up to three (3) business days for review of the request.
- Access to Paid Services is limited to the authorized users. Authorized users are granted a limited license to access and use the Platform for personal and non-commercial use.
- Subject to the policies and practices of your financial institution, refunds will be credited to the original form of payment used for purchase within ten (10) business days of our written approval of the refund.
- In the event that approved refunds are not credited by your financial institution within ten (10) business days of our written approval of the refund, please reach out to [email protected] for assistance.
- Please note that, in the event that a credit card dispute or “chargeback” is instituted, the refund timeline outlined above will be extended by 60-90 days while your financial institution completes its investigation. During this investigation, we will be unable to approve or process your refund request. In the event that your dispute is declined by your provider, we will be unable to consider or process your refund request.
- DORMANT ACCOUNTS
Without prejudice to your request on the contrary and relevant data and privacy laws, if we detect no activity in your account and this inactivity continues for 7 years, we may delete your account.
- PROPRIETARY RESTRICTIONS AND INTELLECTUAL PROPERTY
- The Platform, including its general layout, look and feel, design, information, content, including, without limitation, personalized programs, all source codes, databases, functionality, software, audio, video, text, photographs, and graphics on the Platform (the “Content”) and the trademarks and logos contained therein and other materials available thereon, unless otherwise indicated, is exclusively owned by Reverse Group and protected by copyright, trademark, and other intellectual property laws.
- The Platform, the Content, trademarks, and logos are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in the Terms of Service, no part of the Platform and no Content, trademarks or logos may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Access to Paid Services is limited to the authorized users. Authorized users are granted a limited license to access and use the Platform for personal and non-commercial use.
- Users have no right, and specifically agree not to do the following with respect to the Platform or any part, component, or extension of the Platform:
- reverse assemble, decompile, reverse engineer, or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
- remove any copyright notice, identification, or any other proprietary notice;
- use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt the Platform or the computer systems or networks connected to the Platform;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercept, “mines,” scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- copy, reproduce or use without our express consent any or all parts of the personalized weight loss coaching program or personalized meal plans;
- copy, reproduce or use without our express consent any or all parts of the personalized weight loss coaching program or personalized meal plans;
- use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other users’ enjoyment of the Platform; or
- access or use the Platform in any way not expressly permitted by these Terms of Service.
- Users also agree not to permit or authorize anyone else to do any of the foregoing.
- We reserve the right to remove any and all reviews that, in our sole discretion and determination:
- could be considered in any way illegal or fraudulent;
- could be considered in any way inappropriate or offensive;
- could be considered in any way spam, nonsense, violent or deceptive;
- infringe our or third party’s private and/or confidential information;
- infringe or violate any copyright, trademark or any other intellectual property, proprietary or privacy, data protection or publicity rights of us or any third party;
- violate any applicable local or international laws, regulations, and conventions; or
- violate any of our or third party’s policies and/or terms of service.
- Any reviews, suggestions, comments, or other feedback relating to the services offered through the Platform (whether existing, suggested or contemplated) that a user provides, which is or may be subject to any Intellectual Property rights (the “Feedback”), shall be exclusively owned by Reverse Group.
- By providing such Feedback to Reverse Group, you acknowledge and agree that it may be used by Reverse Group to:
- further develop, customize, and improve Reverse Group’s services;
- provide ongoing assistance and technical support;
- contact you with general or personalized notices and/or interview requests based on your Feedback;
- facilitate, sponsor, and offer certain promotions, and monitor performance;
- create aggregated statistical data and other aggregated and/or inferred information, which Reverse Grp may use to provide and improve its services;
- enhance Reverse Group’s data security and fraud prevention capabilities; and
- comply with any applicable laws and regulations.
- You represent and warrant that your Feedback is accurate, complete, and does not infringe any third-party rights.
- DISPUTES AMONG USERS
Users must try and settle conflicts amongst themselves. Reverse Group will not interfere with, and assumes no liability or responsibility for, conflicts or disputes between its users.
- DISCLAIMER OF WARRANTIES
- Your use of the Platform, its content and any services or items obtained through the Platform is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform or its contents.
- NO MEDICAL ADVICE. BEFORE TRYING THE PERSONALIZED COACHING PROGRAM OR ANY OF THE MEAL PLANS YOU MUST CONSULT WITH YOUR DOCTOR. NOTHING ON THIS PLATFORM IS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANYTHING ON THIS PLATFORM. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL EMERGENCY SERVICES AT YOUR COUNTRY OF RESIDENCE IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OR OPINIONS. RELIANCE ON ANY INFORMATION ON THIS PLATFORM IS SOLELY AT YOUR OWN RISK.
- This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
- Do not use the Platform in any manner that distracts you from driving or is illegal. We shall not be liable for your compliance with traffic laws.
- The foregoing shall not be deemed to limit or exclude any warranties which cannot be excluded or limited under applicable law.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE PLATFORM;
- THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PLATFORM OR ANY WEBSITES OR OTHER RESOURCES LINKED TO THE PLATFORM;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;
- UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM OR
- ANY OTHER MATTER RELATING TO OUR PLATFORM.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR PLATFORM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO LIMIT OR EXCLUDE ANY LIABILITY WHICH CANNOT BE SO EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Reverse Group, and our respective directors, officers, employees, representatives, and agents from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of a) any user content you post; b) any contractual, or commercial relationship with another user; c) any posting(s) or communication(s) by you which violate applicable law(s) or otherwise infringe(s) upon the intellectual property or other rights of any third party.
- CONSUMER PROTECTION LAWS
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of the legislation will apply.
- LINKS TO OTHER WEBSITES
Our Platform may contain links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party websites or services linked to on our Platform. It is your responsibility to read the terms of service and privacy policies of these third-party websites before using these websites.
- APPLE APP STORE
- By downloading the Application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- Apple is not a party to these Terms of Service. Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
- Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms of Service and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof.
- GOOGLE PLAY
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) these Terms of Service, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms of Service or the Google Play Terms.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting the Terms of Service. Words imparting the singular number shall include the plural and vice versa.
- FORCE MAJEURE
Neither Reverse Group nor the users are liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party; unless, the parties are aware of the existence of such a cause or it is reasonably foreseeable that such a cause might occur in the future in such an extent that it might affect the performance the parties’ obligations. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, global or regional pandemics, governmental action, or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of the parties may terminate or cancel the services to be carried out under these Terms of Service.
Our failure to exercise any of our rights under these Terms of Service shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
If any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using the Platform after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should discontinue use of the Platform.
You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
By your utilization of the platform, you expressly acknowledge that you, the Company and its affiliates have an established business relationship that shall be deemed to exist during the period of your subscription and for a period of not less than 5 years from the discontinuance of your Subscription Services.
Your utilization of the Platform constitutes your express consent to your receipt of electronic communications, including, without limitation, communications utilizing automatic dialing or texting services, from the Company and its affiliates. Said consent shall be irrevocable for the duration of your Subscription term and, in the absence of your written revocation (sent to [email protected]), shall remain in full force and effect indefinitely following the end of your Subscription term.
We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms of Service.
- APPLICABLE LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware. Notwithstanding the foregoing, the parties hereby expressly agree that, to the fullest extent permitted by applicable law, any claim(s) between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be deemed time-barred if not brought within one (1) year of the accrual of the applicable cause of action.
- CLASS ACTION WAIVER
USER, COMPANY AND AFFILIATES HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. The Company, its affiliates and User further agree that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than the User and/or the Company and its Affiliates. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims and is non-severable from the below Dispute Resolution section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which the User seeks class-wide relief, then the below Dispute Resolution section shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, the Dispute Resolution section shall remain valid with respect to all other claims and Disputes. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
- DISPUTE RESOLUTION
The parties shall exercise their best efforts to resolve by negotiation all disputes, controversies, or differences between them. In the absence of an explicit written agreement to the contrary, all disputes between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be resolved as follows:
- In the event that the parties are not able to resolve by negotiation their disputes, controversies or differences, the aggrieved party shall provide written notice to the other party (“Receiving party”) of its intent to initiate arbitration as provided for herein. Said notice, hereinafter referred to as a “Notice of Intent to Commence Arbitration” shall include a) a brief description of the aggrieved party’s claim or dispute and, if applicable b) a specified claim for money damages.
- Absent an express, written direction to the contrary by the receiving party, said notice(s) to the Company shall be forwarded to [email protected] and said notice(s) to the User shall be forwarded to the email address provided by the User to the Company.
- The Receiving Party shall, within fifteen (15) days of their receipt of a Notice of Intent to Commence Arbitration, respond to the aggrieved party. Said response shall include either a) an acceptance of the aggrieved party’s demand OR a counterproposal for resolution of the dispute.
- In the event that the Receiving Party does not agree to the Aggrieved Party’s demand, or fails to respond to the Aggrieved Party’s Notice of Intent to Commence Arbitration within fifteen (15) days of their receipt of same, the aggrieved party may submit their claim for adjudication by the American Arbitration Association (“AAA”) as follows:
- If and to the extent applicable, the claim shall be subject to the Consumer Rules and Procedures of the AAA (adr.org/consumer).
- Pursuant to the AAA Consumer Rules (R-9), if a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration.
- Absent a finding of potential prejudice by the arbitral tribunal, the matter shall be adjudicated by way of a desk decision and/or remote appearances. In the event that in-person hearings are required, the locale determination will be made after considering the positions of the parties, the circumstances of the parties and the dispute, and the Consumer Due Process Protocol.
- The arbitral award shall be final and binding upon both parties.
- All aspects of the arbitration shall be confidential, and the parties and the arbitrator shall not disclose to others, or permit disclosure of, any information related to the proceedings, including but not limited to discovery, testimony and other evidence, briefs and the award.
- Absent a finding that a party's breach of this Agreement was willful or a result of gross negligence, the arbitrator shall not award attorney’s fees, indirect, special, consequential, incidental or exemplary damages.
- Notwithstanding the forgoing, the Arbitrator shall award attorney’s fees and costs against a party found to have brought any claim (or counterclaim) that is found to be frivolous or wholly without merit.
- Also notwithstanding the forgoing, the arbitrator shall award attorney’s fees, filing fees, costs and actual damages a) incurred by a party required to answer or litigate a claim within an alternate court or tribunal where it is ultimately determined that such claim(s) come within this scope of this arbitration provision OR b) where the filing party failed to comply with their obligation to provide a timely Notice of Intent to Commence Arbitration as outlined herein.
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