If your actions result in our liability to others, you are responsible for covering costs that result from the liability you created.
You agree to indemnify and hold harmless Rested Parties from and against any third party claim arising from or in any way related to your use of the Site or our services, violation of these Terms or any other actions connected with your use of the Site or services purchased there, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action if practicable.In addition, if you bring a lawsuit or motion (including claims in arbitration) against us in which we ultimately prevail, you agree you will be responsible for paying any attorney’s fees and costs we incurred as a result of your claims.You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
You agree not to use the Services in any illegal or malicious manner.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Rested page is rendered or displayed in a user's browser or device.
You agree not to use the Services on behalf or in connection with anyone under 18.
You agree not to cause or allow the Services to be used for anyone under 18, or to actively use the Services to analyze your sleep in a room where someone under 18 is present.
If we refer you to third party platforms during your use of the Service, we're not liable for their actions.
We may, from time to time, establish collaborative arrangements with third parties who provide services that can help you along with our Services, such as a telemedicine platform or an affiliate with licensed medical practitioners as its contractors or employees. You acknowledge that such services come from third party providers, and agree that Rested has no liability for their services, their performance, or any of their other actions. You also acknowledge that Rested is not responsible for ensuring that their licenses are up to date and valid - if you have questions about medical credentials, you should ask you physician those questions directly.
If we have a dispute, we agree to try to resolve it informally and, if we can’t, we agree to arbitrate our dispute.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are not responsible for, and have no obligation to resolve or help resolve, any dispute between you and any third party - including without limitation where we introduced you to that third party.
If you (user) have a dispute with Rested, you agree that we will first attempt to resolve that dispute informally through an in-person, phone, and/or email exchange over a period of at least thirty (30) days. You can inform us of your dispute by emailing us at firstname.lastname@example.org. You and Rested further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RESTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address:
1 Letterman Dr.
San Francisco, CA 94129
The notice must be sent within 30 days of April 1, 2016 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Rested also will not be bound by them.
In the unfortunate case that our informal discussion is not sufficient to resolve the dispute, any continuing dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration (1) in San Francisco, California, (2) using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, (3) by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Rested agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Just a little more legalese…
Rested can terminate your account in its sole discretion.
These Terms were last updated on and are effective as of April 20, 2016.