Terms & Conditions

UPDATED SEPTEMBER 2020

I. APPLICATION OF THESE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY FORM A BINDING AGREEMENT.

Welcome, and thank you for your interest in the Treebath family of Forest Therapy classes and digital programs.

Treebath, Inc. (together with our affiliates and subsidiaries including TreeQuility “Treebath”, “we”, or “us”) provides Forest Therapy programs (“the Programs”), digital content (“Digital Content”) and related products, services and content through our websites www.tree-bath.com and www.tree-quility.com (the “Websites”), the TreeQuility app, desktop, or device applications (the “Apps”), and Treebath controlled social media accounts (e.g. Facebook, Instagram, Twitter) (the “Social Media Accounts”). The services provided by Treebath whether provided through the Forest Therapy, Digital Instruction, Sites, Apps Social Media Accounts, shall be collectively referred to as the “Services” or “the Services”. By visiting, browsing, or using the Service in any way, including purchasing Services, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all Customers, visitors, users, and others who access the Service and those that access the mobile app our Service creates (collectively, “Users”). If you are not eligible to access or use the Services, or you do not agree to any of these Terms, then you do not have our permission to access or use the Services.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND TREEBATH AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

II. USE OF OUR SERVICES

2.1. Eligibility. Because we respect the rights of children and parents, you may use the Service only if you can form a binding contract, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to purchase Services for your child/children. By agreeing to these Terms, you represent and warrant that (a) you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence) (b) if purchasing on behalf of a minor you are (i) the minor participant’s parent/guardian and (ii) you will monitor your child’s use of the Services, (c) you have not previously been suspended or removed from the Services; and (d) your registration and your use of the Service is in compliance with all applicable laws and regulations applicable to you. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. The right to access and use the Services may be revoked at any time where these Terms and/or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

2.2 Waiver and Release. By signing up for and/or attending any Programs you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Programs. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand the inherent risks of being in natural environment, and have read our Frequently Asked Questions and guide on What to Wear, posted on Treebath's Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Treebath staff, you would be at physical risk participating in Treebath's Programs, you understand and agree that you may be denied access to the Program until you furnish Treebath with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Treebath's concerns and stating that Treebath's concerns are unfounded. In consideration of being allowed to participate in a Programs, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Program, (2) release, indemnify, and hold harmless Treebath, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Programs, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of Treebath's Program, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Treebath's Programs, and should not be participating in any Classes.

2.2. The Services. You can browse and enjoy some of the Services without creating a profile or account. By connecting to the Services with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy below.

2.3 Your Responsibility for your Apps. You are solely responsible for the activity that occurs on or through your App. We will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses due to such unauthorized use.

2.4 Groups. Users may create or join groups on the Service in order to share articles and other content, and to send messages to other Group members (a “Group”).

2.5 Your Interaction with Other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We will have no liability for your interactions with other Users, or for any User’s action or inaction.

2.6 Separate End User Policies. You agrees to abide by the separate Terms of Use, Privacy Policy and Acceptable Use Policy maintain in the Google Play and Apple/iTunes App stores. As part of our Services, we review our app for compliance with Google and Apple standards; however, Apple and Google will determine final compliance independently. For details regarding Google and Apple requirements and standards, go to https://play.google.com/about/developer-content-policy and https://developer.apple.com/app-store/review/guidelines, respectively.

2.7 Changes to the Service. We’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; change the pricing of the service; add or delete features of the Service, to you or to Users generally; or create usage limits for the Service.

III. SUBSCRIPTION SERVICES

3.1 Some of our Services require a subscription to access such Services. If a subscription for a Service is required (a “Subscription”) you will be required to enter into a Subscription agreement at the time you purchase such Subscription. Subscription requirements and fees are set forth on the Websites and and/or by other means through the Services. Features and prices are subject to change. Certain Forest Therapy Programs and participants are subject to additional fees that are separate from the Subscription fees, and are not required to have a Subscription. When you purchase a Subscription, you will be required to provide us with some information about yourself, such as your e-mail address or other contact information and information regarding your child. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. We reserve the right to suspend or terminate your Subscription if we determine that your account information is incorrect, false or otherwise not up to date.

IV. PROHIBITED CONDUCT

4.1 By using the Services, you agree not to (i) use the Services for any illegal purpose or in violation of any local, state, national, or international law; (ii) use the Services in connection with research, development, or offering any service that competes with the Services; (iii) post, upload, submit or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate; (iv) interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server; (v) perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (vi) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or (vii) attempt to do any of the acts described in this section or assist or permit any person to engage in any of the acts described in this section. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

V. SHARING YOUR CONTENT

5.1 Your Content. We may allow you to post content on the Service, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT. “Content” means messages, reviews, photos, audio, video, music, images, text, graphics, software and other types of works of authorship of any kind, and information or other materials posted, generated, provided or otherwise made available through the Services. “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Certain features of the Services may permit users to upload User Content to the Service or to publish User Content on the Service, and from time to time users send User Content directly to us or post it on our social media.

5.2 How We Can Use Your Content. You own all of the User Content that you post or publish (“post”) on the Service. You consent to Treebath’s use of any and all User Content including photographs, videos, or recordings of you and your child/children for advertising, promotional, or related purposes, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.Y. Civil Rights Law 50 and other similar state laws).

5.2 Your Responsibility for Your Content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assume no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We are not responsible for any public display or misuse of your User Content.

VI. OUR CONTENT

6.1 Copyrights. All materials (including software and Content whether downloaded or not) contained in the Services are owned by Treebath (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission

6.2 Trademarks. The Treebath and TreeQuility names and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress protected by the laws of the United States and/or other countries or jurisdictions. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

6.3 Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

6.4 Our Exclusive Content. Except for User Content, the Services, and all Intellectual Property Rights including therein and related thereto, are our exclusive property (“Exclusive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree you will not and you will not assist or permit any third party to:

Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services;
Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;
Tamper with the Services or circumvent any technology used by Treebath or its licensors to protect any content accessible through the Services;
Circumvent any territorial restrictions applied to the Services; or
Use the Services in a way that violates this License Agreement or the other Terms.
You may not make the Services available to the public. The Services made available (in whole or in part) are owned by Treebath or its licensors and your use of them must be in accordance with these Terms.

6.5 No Authorization to Perform Data Mining. You are not authorized without the prior written permission of Treebath to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and or accessed through this Website and. You also may not engage in the mass downloading of files from this Website and; use the computer processing power of this Website and for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

6.6 No Authorization to Use This Website for Commercial Purposes. Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Treebath's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and in connection with the sale or resale of any Treebath Services or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Treebath's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use Treebath's material will automatically terminate and any copies made of Treebath's material must be immediately destroyed. Any unauthorized use of Treebath's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

6.7 App Store Publication. In order to publish and update apps to Google Play and the Apple App Store, it is required we provide proprietary information and files such as, but not limited to, APKs, IPAs, P12s, keystore certificates, push notification certificates, etc. These files and information are a proprietary part of our Service and will not be provided to Users.

6.8 Feedback you Provide. We value input from our Users, and are always interested in learning of ways we can make the Service better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.

6.9 Analytics. We monitor User service activity.

VII. MESSAGING

7.1 We may allow you to send messages through our Service to other Users or to third parties (“Messages”). We may send administrative messages to you and other Users.

VIII. COPYRIGHT POLICY

8.1 We require that Users of the Service respect the copyright and other intellectual property rights of all third parties.

IX. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

9.1 We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

9.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: Treebath Inc., 244 Fifth Avenue, Suite N203, New York, New York 10001

By E-Mail: youmatter@tree-bath.com Subject line: DMCA

X. PRIVACY

10.1 We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy below, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

XI. INDEMNITY BY YOU

11.1 You agree to defend, indemnify and hold Treebath and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Services, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Services, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services; or (iv) your breach or violation of the law or of these Terms. Treebath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Treebath defense of such claim.

XII. NO WARRANTY

12.1 Service Disclaimer. The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

12.2 MEDICAL DISCLAIMER. Treebath is a provider of Forest Therapy programs including online and mobile meditation and mindfulness content in the health and wellness space. We are not a health care or medical device provider, nor should our Service be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that Forest Therapy can assist in the prevention and recovery process for a wide array of conditions as well as in improving mental health, Treebath makes no claims, representations or guarantees that the Services provide a physical or therapeutic benefit. Any health information and links on the Services, whether provided by Treebath or by contract from outside providers, is provided simply for your convenience. To the extent that you participate in any outdoor Forest Therapy, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any physical program that you undertake, including Treebath Forest Therapy, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Treebath has advised you of the necessity of doing so.

Any advice or other materials in the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.

12.3 THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

XIII. THIRD-PARTY LINKS, SITES AND SERVICES

13.1 The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy below do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

XIV. LIMITATION OF LIABILITY

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14.2 The Service is controlled from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

XV. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TREEBATH, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TREEBATH INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

15.1 Informal Dispute Resolution

At Treebath, we believe every participant and community member matters. Our goal is to do our best to ensure that every experience with Treebath will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us youmatter@tree-bath.com or write to us at Treebath Inc., 244 Fifth Avenue, Suite N203, New York, New York 10001, Attention: YOUR TREEBATH MATTERS. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

15.2 Arbitration Agreement

By accepting the Terms, you and Treebath agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Treebath initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

15.3 Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Treebath or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Treebath. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

15.4. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Treebath regarding any aspect of your relationship with Treebath, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

15.5 How Will the Arbitration Work?

Either you or Treebath may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or Treebath initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.orgor by calling 1-800-778-7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Treebath will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

15.6 Where Will the Arbitration Be Held?

You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Treebath initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Treebath may initiate the arbitration in New York.

15.7 Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Treebath can force the other to arbitrate. To opt-out, you must notify Treebath in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Treebath account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Treebath, Inc., ATTN: Arbitration Opt-out, 244 Fifth Avenue, Suite N203, New York, NY 10001; youmatter@Treebath.com

15.8 Small Claims Court. Notwithstanding the foregoing, either you or Treebath may bring an individual action in small claims court.

15.9 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Treebath.

XVI. MISCELLANEOUS TERMS

16.1 No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.2 Notification. We may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. You consent to receive communications including notices, agreements, disclosures, or other information from electronically. We may communicate with you by email or by posting to the Services. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Unless otherwise specifically indicated, all notices given by you to us must be given to Treebath at youmatter@tree-bath.com.

16.3 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

16.4 Assignment. This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without consent.

16.5 No Waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

16.6 Force Majeure. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. Causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, include, but are not limited to, “acts of God”, epidemic, pandemic, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

16.7 Exclusive Venue. Except as provided above as to those Disputes you or Treebath submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code) and, to the extent the parties are permitted under these Terms to initiate litigation in a court, any Disputes must be brought exclusively in the State or Federal courts of the State of New York. You and Treebath consent to the personal jurisdiction of both courts.

16.8 Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

16.9 Interpretation. In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

16.10 Contact. Please contact us here with any questions regarding this Agreement.