Reboost

Terms of Service

Last revised on 09/22/2026

Welcome to the Terms of Service (these “Terms”) for the website, reboost.com (the “Website”), and the related mobile applications (the “App”) operated on behalf of Reboost.com USA Inc. (“Company”, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to as the “Services.”

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

AMONG OTHER ACTIVITIES, THE SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. THEY DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.

THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

SECTION 11 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 11.

Table of contents

  1. AVAILABILITY and use of the services
  2. OUR SERVICES AND YOUR RELATIONSHIP WITH US
  3. TELEHEALTH LIMITATIONS
  4. User Accounts AND SUBSCRIPTIONS
  5. PAYMENT
  6. Applicable Policies
  7. Rights We Grant You
  8. Ownership and Content
  9. Third Party Services and Materials
  10. Disclaimers, Limitations of Liability and Indemnification
  11. ARBITRATION AND CLASS ACTION WAIVER
  12. Additional Provisions

1. AVAILABILITY and use of the services

To use the Services, you must (a) be 18 years of age or older (or the age of majority in your jurisdiction, if higher), (b) be physically located in the United States in a state where we offer the Services, and (c) comply with all applicable laws. By using the Services, you represent and warrant that you meet these requirements. Notwithstanding the foregoing, where permitted by law, the Company may provide Services to certain minors, but only within the boundaries of what state law allows and only if a licensed healthcare provider independently determines that providing Services is clinically and legally appropriate. As a condition of providing Services, the Company may require a minor to provide documentation demonstrating eligibility under applicable state law and/or parental or guardian consent. Parents or guardians may not use their own accounts to obtain prescription medications or other healthcare services for a minor. The specific products and services available to you through the Services may vary based on your age, location, applicable state law, and clinical appropriateness as determined by a licensed healthcare provider. The Services are subject to state and federal regulations and may change from time to time due to changes in applicable regulatory requirements.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, the Company reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you. You agree to provide accurate information about your identity and your physical location at the time of each telehealth encounter. Healthcare Providers (as defined below) rely on this information to confirm that they are licensed to treat you in your state and to comply with applicable laws. Misrepresenting your identity or location may result in termination of services and could expose you and your provider to legal risk.

2. OUR SERVICES AND YOUR RELATIONSHIP WITH US

2.1 The Company Platform. The Company provides a technology platform through which you may access telehealth services provided by independent third-party professional medical entities (each, a “Provider Practice”) and their employed and/or contracted licensed healthcare providers (each as defined below), as well as access to prescription products and related services (collectively, “Offerings”). Telehealth services involves the delivery of healthcare services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis treatment, follow-up and/or related patient education.

2.2 Your Relationship with the Company. The Company does not provide any medical or other healthcare services, including via the Services. Rather, the Company provides a technology platform that connects you with Provider Practices and their licensed healthcare providers, and provides access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your health care provider. You understand that by coordinating and consulting with a Provider Practice or its licensed healthcare providers through the Services, you are not entering into a provider-patient relationship with the Company. The Company is not a healthcare provider, licensed medical professional or medical practice, and does not employ, supervise, control or direct any Provider Practice or its licensed healthcare providers. Except for specific communications received from a Provider Practice or its licensed healthcare providers, none of the information you receive through the Services should be considered medical or professional healthcare advice.

2.3 Provider Practices and Healthcare Providers. The Company engages with one or more independent Provider Practices to make telehealth services available through the Services. Although there are financial arrangements between the Company and the Provider Practices, each Provider Practice is an independent entity that is not supervised, owned, controlled, or operated by the Company. The Provider Practice employs or contracts with physicians and other licensed healthcare professionals (“Healthcare Providers”) to provide Offerings to you through the Services. All Healthcare Providers hold applicable licenses or certifications issued by the professional licensing or certification board in the state where you receive Offerings. Each Healthcare Provider is solely responsible for directing and providing the medical and other professional health care and/or treatment they provide to you, and you may be entering into a doctor-patient or other healthcare provider-patient relationship with the Provider Practice and/or one or more Healthcare Providers. Any information or advice received from a Healthcare Provider and/or the Provider Practice comes from the Healthcare Provider and/or the Provider Practice, and the Company is not responsible for the quality and appropriateness of any care that the Healthcare Provider and/or the Provider Practice renders to you. When you submit a treatment request through the Services, you authorize the Company to transmit your personal information, medical intake questionnaire responses, treatment selections, and order information to the Provider Practice and Healthcare Providers for clinical review, prescription issuance, and pharmacy coordination.

2.4 Prescription Products and Pharmacy Services. Certain products available through the Services require a valid prescription from a licensed healthcare provider. You will not be able to obtain a prescription product unless (i) you have completed a medical intake questionnaire for the applicable treatment category, (ii) a Healthcare Provider has reviewed your submission and determined the prescription product is appropriate for you based on the Healthcare Provider’s professional judgment, and (iii) the Healthcare Provider has issued a prescription. Although the Services may allow you to express a treatment preference, all prescribing decisions rest solely with the Healthcare Provider, who retains full authority to accept, adjust, or reject any such preference in accordance with their independent clinical judgment. You acknowledge and agree that (a) your Healthcare Provider will make the final determination regarding medication, formulation, and dosage based on their independent clinical assessment; (b) you consent to receive the treatment recommended by your Healthcare Provider; and (c) you assume the risks associated with proceeding with any recommended treatment from your Healthcare Provider, and you release the Company from any claims arising from the Healthcare Provider’s treatment recommendations. If a Healthcare Provider determines a prescription product is appropriate for you and issues a prescription, you may have the option to have your prescription filled through one of the pharmacies available through the Services or a pharmacy of your choice. Your prescriptions may be filled by and transferred among pharmacies available through the Services, and you agree that the Services may facilitate such transfers on your behalf. In connection with the Services, you may receive services from third parties, including pharmacy services for prescription fulfilment. You acknowledge that such third parties are solely responsible for the professional services, products and items they render. Pharmacy coordination is handled through the Provider Practice’s operational workflow.

2.5 Required Diagnostic Testing. For certain treatment categories, a Healthcare Provider may require you to complete diagnostic testing (such as a home laboratory test) before making a prescribing decision. If diagnostic testing is required, you will be informed during the checkout process. If you elect to purchase at-home testing services included in the Offerings, you understand and agree that such at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the reviewing Healthcare Provider as a result of your use of the at-home testing services. After any required Healthcare Provider review and approval of your testing order, we will send or cause to be sent the requested test kit to your shipping address. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing. Failure to follow the kit instructions may result in your samples not being processed by the laboratory. If diagnostic testing is required, your treatment request will be held pending receipt of the applicable test results. The laboratory will send the test results to the Healthcare Provider, who will review your test results along with your medical intake questionnaire responses to determine whether the requested treatment is appropriate for you. Failure to complete required testing may result in cancellation of your treatment request.

2.6 Compounded Medications. Some prescription products available through the Services may be compounded medications prepared by licensed compounding pharmacies. Compounded medications are customized formulations that may be prescribed when, in the clinical judgment of your prescribing provider, an FDA-approved product is not commercially available, is in shortage, is not clinically appropriate for you, or a significant difference from the FDA-approved product is required. Compounded medications are not generic or therapeutic equivalents of any FDA-approved drug product; compounded medications are intended to be prepared in accordance with Section 503A or 503B of the Federal Food, Drug, and Cosmetic Act and applicable state pharmacy laws. COMPOUNDED MEDICATIONS ARE NOT REVIEWED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA) FOR SAFETY, EFFECTIVENESS, OR QUALITY. Compounded medications are exempt from certain federal requirements that apply to FDA-approved drugs, including premarket review for safety and efficacy. No claims are made, and none should be understood, to suggest that any compounded medications provided through the Services have been evaluated, endorsed or verified by the FDA, and compounded medications may carry risks not associated with FDA-approved products. The availability of any compounded medication through the Services is subject to change at any time, without prior notice, based on changes in federal or state law, FDA regulatory actions (including drug shortage determinations, enforcement actions, or changes to bulk drug substance lists), or other factors outside the Company’s control. Prescribing decisions for compounded medications are made solely by your Healthcare Provider based on their independent clinical judgment, including an individualized assessment of your medical needs, and applicable legal requirements. THE COMPANY DOES NOT MANUFACTURE, COMPOUND, OR INDEPENDENTLY VERIFY THE QUALITY OF ANY COMPOUNDED MEDICATION. THE COMPANY RELIES ON ITS PHARMACY PARTNERS TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE COMPOUNDING REQUIREMENTS AND MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SAFETY, EFFICACY, QUALITY, POTENCY, OR SUITABILITY OF ANY COMPOUNDED MEDICATION PROVIDED THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF COMPOUNDED MEDICATIONS INVOLVES INHERENT RISKS AND THAT YOU ASSUME SUCH RISKS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

2.7 Complaints and Reporting. You can report a complaint relating to any Offerings provided by a Healthcare Provider by contacting the professional licensing board in the state where you received Offerings, or by contacting the Company directly at support@reboost.com.

3. TELEHEALTH LIMITATIONS

3.1 Telehealth Limitations. Telehealth services access through Services are not designed for emergency situations. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. Telehealth services should not be used as a replacement for your in-person primary care provider, and may not give rise to an ongoing treatment relationship. You are expected to seek follow-up care as needed or as recommended by a Healthcare Provider. Telehealth services carry inherent risks, including: (a) limitations in information available to the Healthcare Provider, which could lead to incorrect assessments; (b) technical failures that could delay or disrupt communications; (c) potential security breaches despite reasonable safeguards; and (d) the possibility that applicable laws may prevent Healthcare Providers from providing certain Offerings. In some cases, the Healthcare Provider may determine that your needs cannot be appropriately addressed through telehealth and may refer you to an in-person provider. By using the Services, you acknowledge these limitations and agree to the telehealth disclosures set forth in the Consent to Telehealth.

4. User Accounts AND SUBSCRIPTIONS

4.1 Creating and Safeguarding your Account. To use certain of the Services, you need to create an account or link another account, such as your Apple or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the My Account area after logging in. From there, you can update your personal details, contact information, delivery address, payment method, and manage active plans or subscriptions where applicable. Certain medical or treatment-related information cannot be freely edited as standard account settings and may require completing the relevant medical flow or contacting support. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. You may not share your Account credentials with any third party or allow any third party to access your Account. You are responsible for all activities that occur under your Account, whether or not you have authorized such activities. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@reboost.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.

4.2 Subscription Payment. If you subscribe to any of our paid Services, you agree to pay us the applicable subscription fees and taxes. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g., credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscription payments are subject to the general payment terms set forth in Section 5 (Payment).

4.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates. For subscriptions that include prescription medications, payment authorization and charge timing are governed by Section 5.2. Depending on your subscription plan, you may have the ability to pause your subscription, skip a treatment cycle, request dosage or medication changes, or complete periodic refill questionnaires. A skipped treatment cycle does not count as a completed paid cycle. To avoid future subscription charges, you must cancel your subscription 28 days before the subscription period renewal date by going to the My Account page and canceling your subscription through there.

4.4 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

5. PAYMENT

5.1 Financial Responsibility. All fees for the Services and Offerings (“Fees”) are self-pay. The Company does not participate in any federal or state healthcare program (including Medicare or Medicaid) and does not bill any health insurance plan, health maintenance organization, or other third-party payor on your behalf. You are solely responsible for paying all Fees and charges associated with your use of the Services and Offerings. You may use a health savings account (HSA) or flexible spending account (FSA) to pay for eligible Offerings, subject to your plan’s rules. You acknowledge that you may be able to obtain some or all of the Offerings at a lower cost through your insurance plan or from other providers, and you voluntarily choose to pay out-of-pocket for the Offerings.

5.2 Processing. You agree to pay all fees due for Services and Offerings at checkout and pursuant to all payment terms presented to you when engaging in transactions. You will see a prompt for your payment details, such as your credit card or debit card information, and any promotional codes you may have. By entering your payment information and submitting your request, you authorize the Company, its affiliates, or its third-party payment processors to place a hold on or charge your payment method for the amount due, including any recurring subscription charges. For treatment requests that require Healthcare Provider approval, your payment method may be authorized (but not charged) for the medication amount at checkout; the charge will be processed only after the Healthcare Provider approves your treatment. If the Healthcare Provider does not approve the treatment, the authorization will be released and you will not be charged for the medication. Certain items, such as required diagnostic tests, may be charged immediately upon purchase regardless of subsequent treatment approval. You acknowledge and agree that all information you provide with regard to a purchase or subscription, including credit card, debit card, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our third-party payment processor. You may not use any stolen, fraudulent, or unauthorized payment method in connection with any purchase, or attempt to obtain products or services through fraudulent means. If we reasonably believe that any payment is fraudulent, we reserve the right to cancel any order, suspend or terminate your Account, and report such conduct to appropriate law enforcement authorities.

5.3 Healthcare and Pharmacy Services Fees. You understand and agree that you are responsible for all fees due to receive healthcare services and pharmacy services, including any fees charged by Provider Practices or other healthcare organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to the Company may include fees charged by Provider Practices, other healthcare organization(s) or provider(s) for healthcare services and/or pharmacy services, which the Company collects on their behalf. Any healthcare services or pharmacy services not provided by a Provider Practice, or the pharmacies available through the Services, or otherwise made available through the Services, are not included in the payments collected by the Company and you may be separately charged by the applicable healthcare organization(s) and/or provider(s) for such services. As applicable, the Company and/or a Provider Practice or other healthcare organization(s) and/or provider(s) have no obligation to provide the Services, Offerings or any healthcare services or pharmacy services accessed through the Services unless and until full payment has been received and/or verified.

5.4 Taxes and Currency. We will present an estimate of applicable taxes at checkout; the actual taxes charged may be adjusted from the amount shown based on tax rate changes or other factors. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

5.5 Payment Method Updates. In the event that your credit card expires or the Company, its affiliates, or its third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times. If your payment card issuer provides updated account information (such as a new card number or expiration date), you authorize the Company and its third-party payment processor to use such updated information to process payments for your purchases and any applicable subscription charges. You are fully liable for all charges to your account, including any unauthorized charges. Payment can be made by credit card, debit card, or other means that we may make available. Orders and subscriptions will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.

5.6 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts on certain Services or Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

5.7 Pricing Changes. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making you aware of the pricing error.

5.8 Treatment Requests and Service Availability. When you submit a treatment request through the Services, you will receive a confirmation that we have received your request. Your receipt of a request confirmation does not signify acceptance of your treatment request, nor does it guarantee that a Healthcare Provider will prescribe the requested treatment. All treatment requests are subject to review and approval by a Healthcare Provider, who will determine in their independent clinical judgment whether the requested treatment is appropriate for you. We reserve the right at any time to decline to process a treatment request for any reason and in our sole discretion. Payment authorization and charge timing, including for declined treatment requests, are governed by Section 5.2. For treatment requests that include prescription medications, fulfillment is coordinated through our third-party pharmacy partners. The Company does not itself dispense medications or have a direct relationship with dispensing pharmacies, and does not ship or otherwise control the pharmacy fulfillment process. The Company is not liable for any errors, delays, or harm resulting from a pharmacy’s actions. We do not guarantee any specific timeframe for Healthcare Provider review, prescription issuance, or medication delivery. The Company reserves the right to discontinue, modify, or limit the availability of any Services or Offerings at any time, with or without prior notice.

5.9 Third-Party Products and Services. Certain Offerings made available through the Services are manufactured, provided, or fulfilled by third parties (“Third-Party Products”). The availability of Third-Party Products through the Services does not indicate an endorsement by the Company of any Third-Party Product or its manufacturer or provider. The Company does not control the quality, availability, or performance of Third-Party Products and is not responsible for any loss, damage, or claim arising from your use of Third-Party Products. Any warranties with respect to Third-Party Products are provided solely by the applicable third-party manufacturer or provider.

5.10 No Delivery to Children. Users are not permitted to provide the Company with the personal information of any person under the age of 13 for delivery, shipping, or any other purpose.

6. Applicable Policies

6.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at privacy.html.

6.2 Consent to Telehealth. Before using the telehealth services available through the Services, you will be asked to review and accept the Consent to Telehealth, which contains important disclosures about telehealth services, including the risks, benefits, and limitations of telehealth. Your acceptance of the Consent to Telehealth is required to access telehealth Offerings through the Services.

7. Rights We Grant You

7.1 Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, limited, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

7.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

  1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
  2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
  5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 
  6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
  7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
  8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  9. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; 
  10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  11. submit, transmit, display, perform, post or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;
  12. violate any applicable law or regulation in connection with your access to or use of the Services;
  13. impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity, including by creating or using an account for another person or providing false or misleading information to obtain products or services;
  14. resell, redistribute, transfer, share, or otherwise make available any products, prescriptions, or Services obtained through our platform to any third party;
  15. harass, threaten, stalk, abuse, or intimidate any Company employee, Healthcare Provider, pharmacy partner, laboratory partner, or other user of the Services; or
  16. access or use the Services in any way not expressly permitted by these Terms.

7.3 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

7.4 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

7.5 Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

8. Ownership and Content

8.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

8.2 Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You are not authorized to use any such trademarks without the express written permission of the Company. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

8.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

8.4 Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

8.5 Disclosure Regarding Certain Content. Certain content available on or through the Services is provided for informational purposes only. Any advice or information provided through such content does not create a provider-patient relationship, is not an aid to making medical decisions, and is not marketed, promoted, or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The content available on or through the Services is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider, including a Healthcare Provider available through the Services, with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services or because of information provided through the Offerings. RELIANCE ON ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES BY THE COMPANY, OTHERS APPEARING ON THE SERVICES AT THE INVITATION OF THE COMPANY, OR OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

8.6 Notice of Infringement – DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  1. identification of the copyrighted work that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
  3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
  4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by email to: support@reboost.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

9. Third Party Services and Materials

9.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

10. Disclaimers, Limitations of Liability and Indemnification

10.1 Disclaimers.

  1. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “THE COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HARM RESULTING FROM VIRUSES, MALWARE, CYBER ATTACKS, HACKING, SECURITY INTRUSIONS, OR OTHER MALICIOUS CODE OR INTERFERENCE; (III) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (V) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. THE COMPANY ENTITIES DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE FROM ERROR, DEFECT, LOSS, CORRUPTION, DELAY IN OPERATION, OR SECURITY INTRUSION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
  2. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  3. AS DESCRIBED IN THESE TERMS AND THE CONSENT TO TELEHEALTH, TELEHEALTH AND OTHER VIRTUAL CARE SERVICES CARRY INHERENT LIMITATIONS AND RISKS. THE COMPANY ENTITIES ARE NOT RESPONSIBLE FOR ANY HARM, INJURY, OR ADVERSE OUTCOME ARISING FROM THESE INHERENT LIMITATIONS OR FROM YOUR RELIANCE ON VIRTUAL CARE SERVICES DELIVERED THROUGH THE SERVICES.

10.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00), AND (B) THE AMOUNT YOU PAID TO THE COMPANY FOR PLATFORM ACCESS FEES IN THE PAST TWELVE (12) MONTHS, EXCLUDING ANY AMOUNTS PASSED THROUGH TO PROVIDER PRACTICES, HEALTHCARE PROVIDERS, OR PHARMACY PARTNERS FOR HEALTHCARE SERVICES, PRESCRIPTION PRODUCTS, OR PHARMACY SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF TIME TO BRING A CLAIM, AND IN SUCH JURISDICTIONS, THE ABOVE LIMITATION SHALL NOT APPLY.

10.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”

11. ARBITRATION AND CLASS ACTION WAIVER

11.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

11.2 Informal Process First. You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

11.3 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section). Because your contract with the Company, these Terms, and this arbitration agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.

11.4 Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

  1. disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
  2. disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
  3. intellectual property disputes.

11.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

11.6 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@reboost.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

11.7 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

11.8 IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

12. Additional Provisions

12.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the Services. You also understand that you may opt out of receiving text messages from us at any time, by contacting support@reboost.com, or replying “stop” to our SMS. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

12.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

12.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

12.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

12.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

12.6 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

12.7 Miscellaneous. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersede all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 11, or if arbitration does not apply, then the Court of Chancery of the State of Delaware (or, if the Court of Chancery of the State of Delaware lacks subject matter jurisdiction, any state or federal court located within the State of Delaware). You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

12.8 How to Contact Us. You may contact us regarding the Services or these Terms at: Reboost.com USA Inc. 128 Sunset Blvd #1158, New Castle, DE 19720, United States, or by e-mail at support@reboost.com.