Rezist mobile app | terms, conditions, policies
Terms of Use, End User License Agreement, Privacy Policy, and Legal Notices for the Rezist Mobile Application
Effective Date: April 26, 2026
Last Updated: April 26, 2026
These Terms of Use, End User License Agreement, Privacy Policy, and Legal Notices (collectively, the “Agreement”) form a legally binding agreement between you and Mind Over Body Media Group Inc. (“Company,” “Rezist,” “we,” “us,” or “our”) regarding your access to and use of the Rezist mobile application and all related software, content, videos, features, functions, support channels, forms, updates, communications, and related digital services made available through the mobile application (collectively, the “App”). By downloading, installing, registering for, accessing, or using the App, you agree to these terms and conditions. If you do not agree, do not use the App.
1.0 Eligibility and Legal Compliance
You represent and warrant that you are at least 18 years old and legally capable of entering into this Agreement. The App is not intended for persons under 18 years of age.
You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo, are not on any U.S. government list of prohibited or restricted parties, and are otherwise legally permitted to use the App.
2.0 Medical, Mental Health, and Wellness Disclaimer
The App provides educational and informational wellness content, including guided: movement, stretching, somatic practices, breathing, mental concentration exercises, meditation, mindfulness exercises, and calisthenics; app support functions; news; and related content. The App is not medical care, mental health treatment, psychotherapy, counseling, diagnosis, monitoring, or emergency response.
Neither Mind Over Body Media Group Inc. nor any Rezist creator, publisher, employee, contractor, coach, or staff member is providing medical advice, diagnosis, treatment, or licensed clinical care through the App unless expressly stated in a separate signed written agreement.
You should consult a physician or other qualified licensed healthcare professional before beginning any movement, stretching, mental focus and concentration, mindfulness, or meditation program and before using information from the App in connection with any physical or mental health concern.
The App is not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition.
The App is not for medical emergencies, psychiatric emergencies, or crisis intervention. If you are experiencing an emergency, call 911 or local emergency services immediately.
3.0 Assumption of Risk and Physical Activity Warning
By using the App, you acknowledge that movement, stretching, somatic exercise, breathing exercises, and mental concentration exercises, and meditation and mindfulness practices may involve inherent risks, including discomfort, falls, strains, aggravation of existing conditions, emotional distress, injury, illness, or more serious complications. You voluntarily assume all risks associated with use of the App and all activities performed in connection with it, except to the extent such liability cannot be waived by law.
You are solely responsible for determining whether participation in any App content is safe and appropriate for you.
4.0 No Guaranteed Results
Human physical and mental responses vary from person to person. No result, benefit, improvement, or outcome is guaranteed, and any examples, illustrations, testimonials, or descriptions of outcomes are not promises that you will achieve similar results.
5.0 Description of App Services
Rezist is a mobile wellness application that may include one or more of the following services or features:
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daily guided movement and meditation sessions;
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rotating daily floor-based and chair-based guided sessions;
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short-form “Stress Booster” sessions intended for use before stressful events;
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account login, access control, and paid subscription features;
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forms to request technical support;
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forms to request or schedule sessions with Rezist staff or coaches;
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informational pages such as “Who We Are”;
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project or company news updates; and
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related content, communications, and support features.
The Company may add, remove, suspend, or modify App features, content, screens, plans, offerings, or functionality at any time, subject to applicable law.
6.0 License Grant
Subject to your compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control solely for your personal, non-commercial use and in accordance with this Agreement and applicable app-store rules.
7.0 License Restrictions
You may not, and may not permit others to:
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copy, reproduce, republish, distribute, transmit, display, or create derivative works from the App except as expressly permitted;
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reverse engineer, decompile, disassemble, decode, or attempt to derive the source code of the App except where prohibited by law;
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remove or alter any copyright, trademark, or proprietary notices;
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rent, lease, lend, sell, sublicense, assign, or otherwise transfer the App;
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scrape, harvest, or extract App content or data using automated means;
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circumvent security, authentication, payment, or technical protection measures; or
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use the App in any unlawful or unauthorized manner.
8.0 Accounts, Credentials, and Security
Certain App features may require an account, password, or other credentials. You agree to provide accurate information and to keep your account information current.
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under account, to the extent permitted by law. You must promptly notify the Company of any suspected unauthorized access or security breach.
9.0 Subscription Terms and Billing
Some features or content of the App may require a paid subscription or purchase. If you subscribe through the Apple App Store, billing and subscription management are handled by Apple under Apple’s applicable terms and billing rules. If you subscribe through Google Play, billing and subscription management are handled by Google under Google Play’s applicable terms and billing rules.
Subscriptions may automatically renew unless cancelled before renewal in accordance with the applicable app store’s rules.
The App will disclose pricing, trial terms, billing frequency, auto-renewal terms, and included features at or before purchase. The Company may change prices, plans, or features on a prospective basis as permitted by law and the app-store rules.
Except where required by law or app-store policy, payments are non-refundable. For purchases made through Apple, refunds are typically handled by Apple. For purchases made through Google Play, refunds may be handled through Google Play or as otherwise required by law or policy.
10.0 Cancellation Policy
10.1 App Store Subscription Cancellation
If you purchase a Rezist mobile app subscription through the Apple App Store or Google Play, your subscription is billed and managed by the applicable app store provider, not directly by Mind Over Body Media Group Inc. As a result, cancellation of any monthly subscription or annual subscription must be completed by you through the app store account used to make the purchase.
Rezist does not process, accept, or complete cancellation requests for app-store-managed subscriptions by email, phone, website form, or in-app customer support. If your subscription was purchased through Apple or Google Play, you must cancel directly through the Apple App Store or Google Play subscription management tools.
10.2 Apple App Store Cancellations
For subscriptions purchased through the Apple App Store, you may cancel your subscription at any time through your Apple ID subscription settings on your iPhone, iPad, or other Apple device, or through the subscription management tools made available by Apple. Cancellation becomes effective at the end of the then-current billing period unless otherwise stated by Apple. Deleting the Rezist app from your device does not cancel your subscription.
10.3 Google Play Cancellations
For subscriptions purchased through Google Play, you may cancel your subscription at any time through the Google Play Store subscription settings associated with your Google account, or through the subscription management tools made available by Google. Cancellation becomes effective at the end of the then-current billing period unless otherwise stated by Google. Deleting the Rezist app from your device does not cancel your subscription.
10.4 No Partial Billing Period Cancellations
When you cancel a monthly or annual subscription, your cancellation will apply to future renewal charges only. Except where required by applicable law or the applicable app store’s policies, your subscription will remain active until the end of the billing period already paid for, and no partial-period cancellation, prorated credit, or retroactive cancellation will be provided by Rezist.
10.5 Renewal Responsibility
To avoid being charged for the next billing period, you must cancel your subscription before the renewal date shown in your Apple App Store or Google Play account. Rezist is not responsible for charges incurred because you did not cancel through the applicable app store before renewal.
10.6 Store Rules Control
All app-store subscriptions are also subject to the applicable billing, cancellation, renewal, and refund rules of Apple or Google. In the event of any conflict between this Cancellation Policy and the applicable app store’s mandatory rules or applicable law, the app store’s mandatory rules and applicable law will control.
11.0 Corporate, Employer, and Sponsored Access
The Company may provide App access through corporate, employer-sponsored, organizational, promotional, or third-party arrangements. Eligibility, content access, and account status under such arrangements may depend on a separate agreement between the Company and the sponsoring organization.
If your access is sponsored by an organization, the Company may receive information necessary to provision, administer, support, audit, secure, or terminate that sponsored access arrangement, subject to applicable law and this Agreement.
12.0 Coaching, Scheduling, and Support Features
The App may include tools to request technical support or request, schedule, or inquire about sessions with Rezist staff or coaches. Such requests do not guarantee availability, scheduling, acceptance, or response times.
Any coaching or support interaction offered through the App is for general wellness support, educational support, or customer-service purposes only and is not medical treatment, psychotherapy, emergency intervention, legal advice, or any regulated professional service unless expressly stated otherwise in a separate written agreement.
13.0 User Conduct Rules
You agree not to use the App to:
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violate any law or regulation;
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infringe another person’s rights;
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harass, threaten, abuse, or harm another person;
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impersonate another person or misrepresent affiliation;
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upload or transmit malware, malicious code, or harmful content;
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interfere with App operations, security, or network integrity;
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attempt unauthorized access to systems or accounts;
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submit false, deceptive, or unlawful information; or
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use the App in a manner that creates liability, disruption, or reputational harm for the Company.
14.0 User Submissions and Communications
If you submit information through forms, support tickets, scheduling requests, surveys, emails, chat, or similar channels, you represent that the information is accurate, that you have the right to provide it, and that providing it does not violate law or third-party rights.
You grant the Company a non-exclusive, worldwide, royalty-free license to use, process, transmit, store, reproduce, and display such submissions as reasonably necessary to operate the App, respond to requests, provide support, improve services, maintain security, comply with law, and enforce this Agreement, subject to the privacy commitments below.
15.0 Intellectual Property
The App and all content made available through it, including without limitation videos, text, graphics, logos, names, trademarks, service marks, layouts, workflows, compilations, software, and audiovisual content, are owned by or licensed to Mind Over Body Media Group Inc. and protected by intellectual property law.
Except for the limited license expressly granted in this Agreement, no right, title, or interest in the App or its content is transferred to you.
16.0 Third-Party Services and External Terms
The App may use third-party tools, hosting providers, app stores, payment processors, scheduling tools, analytics systems, communications tools, or other services. Your use of the App may therefore also be subject to third-party terms, including the terms of Apple, Google, your wireless carrier, and your device manufacturer.
You are responsible for complying with applicable third-party terms when using the App.
17.0 Privacy Policy
17.1 Overview
Mind Over Body Media Group Inc. respects user privacy and is committed to responsible handling of personal information. This Privacy Policy section explains how the Company may collect, use, disclose, retain, and protect personal information in connection with the App.
17.2 Categories of Information The Company May Collect
Depending on how the App is used, the Company may collect the following categories of information:
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identifiers and contact information, such as name, email address, phone number, mailing address, username, and account identifiers;
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account and subscription information, such as plan type, purchase status, renewal status, transaction metadata, and entitlement information;
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device and technical information, such as device type, operating system, app version, IP address, browser or app diagnostics, crash logs, and usage logs;
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support and communications information, such as the contents of support requests, scheduling requests, emails, forms, and responses;
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wellness-related information you choose to provide, such as information submitted in connection with support, coaching, scheduling, or user inquiries;
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analytics and engagement information, such as feature usage, session duration, button taps, content viewed, referral sources, and in-app events; and
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any other information you voluntarily provide to the Company.
17.3 How Information May Be Collected
The Company may collect information:
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directly from you when you register, purchase, subscribe, contact support, submit a form, request a coaching session, or otherwise communicate with the Company;
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automatically through your interaction with the App, including through logs, cookies or similar technologies where applicable, software development kits, analytics tools, and device identifiers; and
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from app stores, service providers, corporate sponsors, or other third parties when necessary to provide access, process transactions, provision accounts, or administer App services.
17.4 How Information May Be Used
The Company may use personal information to:
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operate, maintain, personalize, secure, and improve the App;
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create and manage accounts;
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process subscriptions, access entitlements, and billing-related support;
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provide customer support and respond to inquiries;
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schedule or respond to coaching or support requests;
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send service-related notices, transactional communications, security alerts, and legal notices;
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provide newsletters, marketing communications, or promotional messages where permitted by law;
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analyze usage, debug errors, and improve App performance and user experience;
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detect, prevent, and address fraud, abuse, security incidents, and unlawful conduct; and
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comply with legal obligations and enforce this Agreement.
17.5 How Information May Be Shared
The Company may share personal information:
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with service providers that help operate the App, such as hosting, analytics, customer support, communications, scheduling, security, and payment-related vendors;
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with Apple, Google, and payment processors as needed to confirm purchase status, subscription state, billing events, fraud prevention, and entitlement access;
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with corporate or sponsoring organizations when needed to administer sponsored access, verify eligibility, or provide aggregated or contractually permitted reporting;
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when required by law, legal process, subpoena, court order, or governmental request;
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when necessary to protect the rights, safety, property, users, or legal interests of the Company or others; and
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in connection with a merger, financing, acquisition, restructuring, bankruptcy, sale of assets, or similar corporate transaction, subject to applicable law.
The Company does not sell personal information in exchange for money. If any applicable law defines certain data-sharing activities as a “sale” or “sharing,” the Company will comply with that law as applicable and provide required notices and rights.
17.6 Sensitive and Health-related Information
If the App collects health-related, wellness-related, or other sensitive information, the Company will use reasonable administrative, technical, and organizational safeguards designed to protect that information and will limit collection, use, and disclosure to purposes described in this Agreement, the Privacy Policy, user-authorized functions, or as otherwise required or permitted by law.
The Company will not use health-related information for undisclosed purposes and will not share such information with third parties for their own independent marketing purposes without appropriate notice and consent where required by law.
17.7 Data Retention
The Company may retain personal information for as long as reasonably necessary to provide the App, fulfill the purposes described in this Agreement, maintain business and legal records, resolve disputes, enforce agreements, comply with legal obligations, and protect the security and integrity of the App.
Retention periods may vary depending on the nature of the information, the user relationship, legal requirements, contractual obligations, and legitimate business needs.
17.8 Security
The Company uses reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, disclosure, alteration, and destruction. However, no method of transmission over the internet or electronic storage is completely secure, and absolute security cannot be guaranteed.
17.9 Your Choices and Rights
Depending on applicable law and jurisdiction, you may have rights to access, correct, update, delete, restrict, object to, or obtain a copy of certain personal information, as well as rights relating to consent withdrawal, marketing preferences, and certain data-sharing practices.
Users may exercise applicable rights by contacting the Company using the contact information below. The Company may request verification of identity before processing certain requests.
17.10 Do Not Track and Similar Signals
Because mobile platforms and browsers handle privacy signals differently, the App may not respond to every browser-based “Do Not Track” mechanism unless required by applicable law.
17.11 Children’s Privacy
The App is not directed to children under 18, and the Company does not knowingly collect personal information from children under 18 through the App. If the Company learns that it has collected personal information from a child under 18 without legally sufficient authorization, it will take reasonable steps to delete the information.
17.12 International Use
The App is controlled and operated from the United States. If you access the App from outside the United States, you understand that your information may be transferred to, stored in, or processed in the United States or other jurisdictions where privacy laws may differ from those in your location.
17.13 California Privacy Notice
California residents may have rights under applicable California privacy laws, including rights to know, access, correct, delete, and opt out of certain uses or disclosures where required by law. The Company will honor applicable California rights requests to the extent required by law and subject to permitted exceptions.
18.0 HIPAA Statement
To the extent Mind Over Body Media Group Inc. is acting as a covered entity, business associate, or otherwise subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (“HIPAA”), the Company states that it maintains policies and practices designed to comply with applicable HIPAA Privacy Rule, Security Rule, and Breach Notification Rule requirements.
Where HIPAA applies, the Company will use and disclose protected health information only as permitted or required by applicable law, contractual obligation, or valid authorization, and will maintain administrative, physical, and technical safeguards appropriate to the information and data flow involved.
Where HIPAA applies, users may have certain rights regarding their protected health information, including rights of access, amendment, accounting, restrictions, confidential communications, and complaint submission, subject to applicable law and permitted exceptions.
19.0 Copyright and DMCA-style Notice Procedure
If you believe any content in the App infringes your copyright, you may send a notice to the Company’s designated contact containing sufficient information to identify the allegedly infringing material, your ownership claim, your contact information, and a statement made under penalty of perjury that your complaint is accurate and that you are authorized to act.
20.0 Disclaimers of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL CONTENT, MATERIALS, FEATURES, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, OR THAT THE APP WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTY THAT USE OF THE APP WILL ACHIEVE ANY PARTICULAR WELLNESS, STRESS-RELATED, OR HEALTH-RELATED RESULT.
21.0 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIND OVER BODY MEDIA GROUP INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, COACHES, AGENTS, AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE APP OR THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO THE COMPANY OR THROUGH THE APP STORES FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE; OR (B) SEVENTY-FIVE U.S. DOLLARS (US $75).
22.0 Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Mind Over Body Media Group Inc. and its affiliates, officers, directors, employees, contractors, licensors, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the App, your violation of this Agreement, your violation of law, or your submission of unlawful or infringing content or information.
23.0 Suspension and Termination
The Company may suspend, restrict, or terminate your access to the App at any time, with or without notice, if the Company believes you violated this Agreement, created risk or legal exposure, interfered with the App, or if suspension is otherwise required for security, operational, legal, or business reasons.
You may stop using the App at any time by uninstalling it and discontinuing use. Termination does not affect rights or obligations that by their nature should survive termination.
24.0 Apple App Store Additional Terms
If you downloaded the App from the Apple App Store, you acknowledge and agree that:
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This Agreement is between you and Mind Over Body Media Group Inc. only, and not with Apple, and Mind Over Body Media Group Inc., not Apple, is solely responsible for the App and its content.
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The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product you own or control and as permitted by the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with the purchaser via Family Sharing or volume purchasing where applicable.
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Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
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In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
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Mind Over Body Media Group Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar law.
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In the event of a third-party claim that the App or your possession and use of the App infringes third-party intellectual property rights, Mind Over Body Media Group Inc., not Apple, will be solely responsible for investigation, defense, settlement, and discharge of such claim.
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Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce this Agreement against you as a third-party beneficiary.
25.0 Google Play Additional Terms
If you downloaded the App from Google Play, your use of Google Play and purchases made through Google Play are also subject to Google’s applicable terms, billing rules, and policies.
For purchases, subscriptions, billing disputes, grace periods, account holds, cancellation workflows, and similar billing events processed by Google Play, Google Play’s systems and policies may apply in addition to this Agreement.
26.0 Governing Law and Venue
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent consumer protection law requires otherwise. Any dispute arising out of or relating to this Agreement or the App shall be brought exclusively in the state or federal courts located in San Diego County, California, unless applicable law requires another forum.
27.0 Arbitration
27.1 Informal Dispute Resolution First
Before initiating arbitration or filing a claim in court, the party asserting the Dispute must first send the other party a written notice describing the nature of the Dispute and the relief requested. Notice to the Company must be sent to: Mind Over Body Media Group Inc., 3088 State Street, Carlsbad, CA, 92008, Attn: Legal Department, Email: legal@reziststress.com. The parties agree to attempt in good faith to resolve the Dispute informally for at least sixty (60) days after the notice is received. This informal process is a condition precedent to commencing arbitration or litigation, except for claims eligible for small claims court or requests for temporary or preliminary injunctive relief.
27.2 Agreement to Arbitrate
Except as expressly provided below, you and the Company agree that all Disputes shall be resolved exclusively by final and binding individual arbitration administrated by a San Diego county based arbitrator, and not in court, except that either party may bring an individual action in small claims court if the claim qualifies and remains on an individual, non-representative basis.
The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this section is void or voidable, except that a court of competent jurisdiction shall decide any issue concerning the enforceability, validity, or application of the class-action waiver, collective-action waiver, representative-action waiver, batch arbitration procedures, or mass-arbitration procedures set forth below.
27.3 Arbitration Procedures
If your claim does not exceed $10,000, the arbitration shall be conducted on the basis of documents only, unless the arbitrator determines that a hearing is necessary or either party requests a hearing and the arbitrator concludes that it is appropriate. If your claim exceeds $10,000, the right to a hearing shall be determined by the applicable arbitration rules. Unless otherwise required by the arbitration provider’s rules or applicable law, any hearing shall take place in San Diego County, California, or, if you reside outside California, by videoconference, telephone, or in another location reasonably convenient to you.
The arbitrator may award any individual relief that a court of competent jurisdiction could award on an individual claim under applicable law. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The Company will pay arbitration fees as required by applicable law, the applicable arbitration rules, and any non-waivable consumer protection requirements. Each party shall bear its own attorneys’ fees and costs except as otherwise provided by applicable law or the applicable arbitration rules.
27.4 Class-Action, Collective-Action, and Representative-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF EXCEPT ON AN INDIVIDUAL BASIS TO THE INDIVIDUAL PARTY SEEKING RELIEF.
Notwithstanding the foregoing, if a court determines that applicable law prohibits enforcement of any part of this waiver as to a particular claim or particular request for relief, then that claim or request for relief shall be severed and stayed pending arbitration of the remaining claims, and any such non-arbitrable claim shall proceed exclusively in the state or federal courts located in San Diego County, California.
27.5 Exceptions to Arbitration
Nothing in this section prevents either party from:
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bringing an individual qualifying claim in small claims court;
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seeking temporary, preliminary, or emergency injunctive relief in a court of competent jurisdiction to prevent imminent irreparable harm; or
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pursuing issues that by law cannot be subject to pre-dispute arbitration.
27.6 Venue for Court Proceedings
To the extent any Dispute is found not to be subject to arbitration, or where court involvement is permitted under this section, you and the Company agree that exclusive venue shall lie in the state or federal courts located in San Diego County, California, and each party consents to the personal jurisdiction of those courts.
27.7 Severability
If any portion of this dispute-resolution section is found to be unlawful, void, or unenforceable, that portion shall be severed and the remainder shall remain enforceable, except that if the class-action waiver is found unenforceable as to a particular claim and that determination is not subject to appeal or is finally affirmed, then that claim shall proceed in a court of competent jurisdiction and not in arbitration.
27.8 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@reziststress.com and [Insert Physical Business Address] within thirty (30) days after you first accept this Agreement or first download, install, access, or use the App, whichever occurs first. Your notice must include your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out of arbitration will not affect any other provisions of this Agreement.
28.0 Changes to this Agreement
The Company may modify this Agreement from time to time. If material changes are made, the Company may notify users by updating the effective date, posting notice in the App, posting notice on the Company’s website, sending email notice, or through other reasonable means. Continued use of the App after changes become effective constitutes acceptance of the revised Agreement to the extent permitted by law.
29.0 Contact Information
Mind Over Body Media Group Inc.
3088 State Street, Carlsbad, CA 92008
501.505.6035
Email: legal@reziststress.com
Support: support@reziststress.com