TERMS & CONDITIONS

 

1. INTRODUCTION

 

• These Terms and Conditions (the “Terms”) govern your (hereinafter referred to as “client” “you” or “yours”) relationship with StressKnotNYC, LLC (hereinafter referred to as “StressKnot”, “we”, “us”, or “our”).

 

• StressKnot owns, runs and manages this platform having URL https://stressknotnyc.com/ and other associated software applications, mobile applications and websites (collectively called the “Platform”). The Platform and the products and services thereunder available to you are conditioned upon your acceptance of these Terms and all other terms, conditions, policies and notices relating to the Platform (“Other Policies”).

 

• By visiting our Platform or accessing the information, tools, programs, memberships, products and services contained therein, you agree to be bound by the Terms and Other Policies. These Terms and Other Policies apply to all users of the Platform, including without limitation to those users who are browsers, customers and/ or contributors of content. If you do not agree to any or all the terms and conditions contained in these Terms or Other Policies, then you may not access the Platform or use any of the information, tools, programs, memberships, products and services which are made accessible through the Platform.

 

• Upon a breach or violation of any of the Terms or Other Policies, we shall retain the right to immediately terminate your access to the Platform and other products and services thereunder.

 

• Please note that StressKnot is a technology services provider that operates the Platform which serves as an online platform connecting you with different service providers (“Service Providers”) providing various wellness services as updated on the Platform from time to time (the “Services”). Such Services include, but is not limited to, in-home massage therapies, stress relief and relaxation services. Such Services may, or may not, be provided in pre-determined treatment plans.

 

• The Service Providers have entered into relevant agreements with StressKnot for the purposes of accessing the Platform and providing Services to the users of the Platform.

 

• We shall be entitled to is stop or to add, change or withdraw functions available on the Platform.

 

2. ELIGIBILITY

 

• By agreeing to the Terms and Other Policies, you represent that you are at least the age of majority in your state or province of residence. You may not use or access the Platform and each of the Services for any illegal or unauthorized purpose nor may you, in the use of the Platform and each of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

 

• You must only use the Platform if you can knowingly and willingly enter into contracts under the applicable laws. You may be asked additional information for verification of your age or other factors. If you are using the Platform on behalf of a business, you hereby represent and warrant that you are authorized by the business to do so.

 

• We may require you to register an account with us for you to access any of the Services. You must provide all information we request for such account registration.

 

3. OUR STANDARDS & SAFETY

 

• We ensure that all of our customers are treated with respect. At the same time, you must also treat the Service Providers with utmost respect. We have a no-tolerance policy for any kind of inappropriate behaviour on part of our clients or the Service Providers.

 

• The clients must ensure that they do not make the Service Provider feel uncomfortable with any form of inappropriate comments or behavior. This includes verbal remarks such as comments on appearance, perceived gender identity or sexual orientation, unrelated personal questions, or any form of jokes that might be considered offensive. Non-verbal cues, such as inappropriate gestures, winks, or non-clinical touches, are equally unacceptable. Additionally, clients should avoid inappropriate nudity in the presence of the Service Provider.

 

• It is important to note that intimate relationships of any kind are strictly prohibited. Maintaining a professional relationship ensures a safe and respectful environment for both clients and Service Provider.

 

• Regarding safety and boundaries, certain physical interactions are expressly forbidden. Providers should never touch a client’s genitalia under any circumstances. Similarly, touching the breast area is not allowed regardless of the client’s gender unless there is explicit consent obtained for the same.

 

• If you do not fully understand the Service being provided or feel uncomfortable continuing with it, you should refrain from starting the Service. If a Service Provider initiates any form of sexual behavior during the session, you must immediately cease the Service.

 

• Clients should prioritize their safety at all times. If a client feels unsafe at any point, they should stop the treatment and request the Service Provider to leave.

 

• Any incidents or breaches of these guidelines must be reported through the Platform promptly. We take all violations seriously, and appropriate consequences will be enacted immediately to address any misconduct.

 

4. CONSENT

 

By purchasing any Service, you accept that you understand the Service that you will be getting, and automatically give consent for the Service Provider to provide you with the relevant Service. You agree that such consent has been given voluntarily and with free-will.

 

5. ACCOUNT REGISTRATION

 

• To avail the Services, you must first create an account and register with us on the Platform. You will be issued unique credentials. Please make sure that these credentials remain personal to yourself and are not transferred to any other person.

 

• You are responsible for any information shared or actions taken on the Platform through the using your username and password. This includes any payments made for the Services by anyone using your login credentials. If you suspect that your username or password has been compromised, please inform us immediately.

 

• You hereby represent and warrant that the information provider by you through the Platform is true, accurate and complete.

 

• We are entitled to terminate or suspend your access to the accounts for any reason whatsoever. You shall be prohibited to use the account in the event such access has been terminated or suspended.

 

6. BOOKING

 

• You can request to book the Services through the Platform (the “Request”). We will give you access to the modules through which such Request can be made.

 

• You will have to submit certain details in order to complete the Request. This includes, but is not limited to, to the details of the location where the Services are to be provided, the requested time and date of the Service, the type of Service required, the preferred gender of the Service Provider, date and time of booking, contact details and other details we deem appropriate for the Service Provider to effectively provide the Services.

 

• The Service Provider is not under an obligation to accept the Request. We or the Service Provider shall not be under any mandatory obligation to accept the Request, and a mere Request shall not be construed as a binding contract. Once the Request has been submitted, such Request may or may not be accepted.

 

• Once the Request has been accepted, we will notify you of the same and the applicable fee will be deducted, which may include but is not limited to, the fee for the Services and for accessing the Platform (the “Applicable Fees”). Applicable Fees shall be subject to applicable taxes at all times. We will also send you the relevant invoice for the Applicable Fees.

 

• The Applicable Fees will be specified on the Platform and will vary depending on the Services purchased. This will vary depending on different factors such as location, date and time of booking and the length for which the Service has been procured.

 

• The Applicable Fees is subject to change without any notice to the clients.

 

• We will connect you with the relevant Service Provider. The Services are subject to availability. We do not guarantee that you will get a certain Service Provider. All Service Providers are subject to availability. If one Service Provider is not available, then we will connect you with an alternate Service Provider.

 

• If no Service Provider is available on the dates and timings as specified in the Request, we will notify you of the same and you will get the option to make a new Request.

 

• There may be instances where the Service Provider may cancel a particular booking. In such an event, we will provide you with alternate Service Provider. If no Service Provider is available, then we will refund you the Applicable Fees for such Service.

 

• You hereby accept, represent and warrant that:

 

• We do not provide the Services. The Services are provided by the Service Provider and we are not a party/privy to the Services provided by the Service Provider to a client;

 

• We do not employ the Service Providers;

 

• We do not offer to or provide, perform or conduct Services nor do we act as an agent or broker for the Service Provider;

 

• We do not participate in the interaction between you and the Service Provider except to the extent necessary to provide the Platform and support and facilitate the interaction;

 

• The purpose of the Platform is just to facilitate the clients to make a Request in order to connect with a Service Provider;
• You shall not attempt to conduct business directly with the Service Provider. All business shall be done through the Platform;

 

• We have no control over the acts and omission of the Service Provider; and

 

• We have no control over the acts and omission of other users of the Platform.

 

• Submitting speculative, false, or fraudulent Requests is strictly prohibited. The Platform intended solely for making legitimate bookings for yourself or on behalf of another person for whom you have legal authorization. Any abuse of the Platform may result in denial of access to the Platform.

 

• You shall be fully responsible for providing the correct details of booking, We shall not be responsible in any manner whatsoever for any damage or loss you incur as a result of providing the incorrect details.

 

7. YOUR RESPONSIBILITIES

 

• You must ensure that you have provided or arranged access for the Service Provider to the location for which the booking has been made. You must provide a safe working environment for the Service Provider, including but not limited to being intoxicated and displaying antisocial behaviour toward the Service Providers or others in the location, or having the location unhygienic and present safety and health risk for the Service Provider.

 

• You must indicate at the time of placing your booking request any pre-existing conditions, injuries or allergies.

 

• You must timely attend the Service Provider during as per the specified booking time.

 

8. PAYMENTS

 

• To access the Services, you must provide us with a current, valid and accepted method of payment by the Platform, as updated from time to time (“Payment Method”). The Applicable Fees will be charged to the Payment Method. You authorize us to charge the Payment Method.

 

• If a payment is not successfully settled due to any reason whatsoever, including but not limited to expiration, insufficient funds, or otherwise, your booking for the Services will not be completed. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.

 

• You can update your Payment Methods by contacting us. Following any update, you authorize us to continue to charge the updated Payment Method.

 

• By purchasing any of the Services, you represent and warrant that you have the authority to use the Payment Method.

 

• We are entitled to refuse to process or suspend a transaction. We shall not be liable for any loss, damage, cost, expense or claim incurred by you or any third party as a result of or in connection with our refusal or suspension of any transaction.

 

• You authorize us to authenticate your identity, obtain information about you from third parties, transmit information about you to third parties (such information includes, but is not limited to credit card or debit card details) and obtain card authorizations, and other authorizations related to Payment Methods.

 

• Upon making a successful payment, we will hold the payment payable to the Service Provider until we pay a refund to you (only if you are entitled to a refund). If you are entitled to a refund, we will aim to process the refund within 48 hours of the right to the refund arising.

 

• We have taken all practical steps to ensure that the payment details are well protected. A secure payment gateway is used to process all transactions and credit card details. However, we do not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

 

9. CHANGES AND CANCELLATIONS

 

• Subject to Clause 9.3 below, you shall be entitled to a full refund of the Applicable Fees if you apply for a refund within 24 hours of acceptance by us of your booking under these Terms. You shall not be entitled to any refund other than as stated above and elsewhere in this Agreement.

 

• You shall be entitled to reschedule the booking within 24 hours of acceptance by us of your booking under these Terms. You may reschedule the booking after 24 hours by paying a rescheduling fee of $90 or other fee as determined by us in our sole discretion.

 

• Your right to refund ends once you have rescheduled the booking (i.e., you will not be entitled to any refunds after the first rescheduling request has been submitted).

 

• We will not entertain any rescheduling requests less than 12 hours before the scheduled time of booking.

 

• If you are more than 20 minutes late or do not show up to your schedule booking within 20 minutes of the scheduled start time, your booking will be deemed cancelled without any liability of rescheduling, refund or payback to you. If the Service Provider is more than 20 minutes late than the scheduled time, you shall have the option to cancel the Service and get a full refund or reschedule the Service at no cost.

 

• The Service Provider shall not be responsible for the performance of Services if you delay or fail to perform your obligations.

 

10. SERVICES

 

• We do not make any representations as to the (i) safety or quality of the Services provided by the Service Provider; (ii) safety or quality of the equipment used by the Service Provider during the Service; or (iii) the condition or description of any products used by the Service Provider during the Service.

 

• If you face any issues with respect to safety, quality, condition or description, please communicate the same to us and we will forward it to the Service Provider that is entirely responsible for the Services.

 

• The Services offered by the Service Providers on the Platform are strictly therapeutic. Any suggestions or comments by you that are in sexual nature before will result in termination of the booking and suspension of your account with no refund. We will also report the same to the relevant authorities.

 

• We do not give any warranty or make any representation that the Service Providers have approved qualifications to be a Service Provider. However, we use our reasonable efforts to ensure that the Services provider by the Service Provider are of reasonable quality.

 

11. MODIFICATIONS TO THE PRICES AND SERVICES

 

• The prices of the Services may change from time to time without any notice.

 

• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or the Platform.

 

12. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

• We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided on as-is and where-is basis for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

 

• This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.

 

• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

13. OPTIONAL TOOLS

 

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ” as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

• We may also, in the future, offer new products and/or features through the Platform (including the release of new tools and resources). Such new features and/or products shall also be subject to these Terms.

 

14. THIRD-PARTY LINKS

 

Certain content available via our Platform may include materials from third-parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

15. USER COMMENTS, FEEDBACKS AND OTHER SUGGESTIONS

 

• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively called the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments. We are and shall be under no obligation (i) to maintain confidentiality of such Comments; (2) to pay compensation for the Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms or Other Policies.

 

• You agree that the Comments, or any other content related to you, will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that the Comments and such content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, Platform or any other related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

16. ERRORS, INACCURACIES AND OMISSIONS

 

• Occasionally there may be information on our Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related Platform is inaccurate at any time without prior notice.

 

• We undertake no obligation to update, amend or clarify information in the Services or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

17. PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Platform, Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Platform, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, Platform or any related website, or the Internet. You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any material on the Platform through which the Services is provided, without express written permission by us.

 

18. INTELLECTUAL PROPERTY

 

• The Platform, and the content thereof, are solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Platform, any other material or aspects of materials, course material, outlines, texts, videos and audios, blogs and podcasts made available by us to you through any means and in any form whatsoever (“Our Content”). It is prohibited to reproduce Our Content.

 

• You shall not use Our Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

 

• All materials, content and information which is made available through the Platform, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of us. The same is also copyrighted and trademarked under the relevant applicable laws. The logo, name, slogans and designs are our trademark. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

 

• All rights not expressly granted in these Terms or any express written license, are reserved by us.

 

• You shall not in any way use, copy, adapt or represent any of the Services or Platform in any way as if they are yours or created by you.

 

• StressKnot grants to you a revocable, non-exclusive, non-transferable licence to use and access the Platform on your personal device solely for the permitted use of making Requests as per the Terms and purchase the Services.

 

 

19. GIFT VOUCHERS

 

We may provide various gift vouchers on the Platform from time to time that can be purchased from the Platform, or from other relevant parties with which we have entered into agreements. These vouchers can be redeemed at checkout on the Platform. There are no refunds on such vouchers. The vouchers are valid for a limited period of time.

 

20. COMMUNITY GUIDELINES

 

• There may be various communities on the Platform (“Community” or Communities” as the context may require) that may be available from time to time. We are excited to have you with us in these Communities. Our mission is to ensure that we provide our users with a safe space wherein they can communicate with each other, comfortably share their content without being subjected to abuses. To ensure the same, these guidelines have been put in place so that our users know what will be expected of them within these Communities.

 

• The Communities may provide you with the feature to share various types of content. This includes, but is not limited to texts, videos, audios and images. Make sure that the content you share within the Communities is either owned by yourself, or in case you do not have the title to the same, you have the consent to share such content. Also ensure that any content that you post is original and authentic and has not been plagiarized. Violating the same will subject you to relevant intellectual property infringements.

 

• It is important to maintain an atmosphere which is comfortable for all types of audience. You must appreciate that some content might be offensive to certain audience. For instance, sharing nude images or content which incites religious hatred is strictly prohibit and against our Community Guidelines. Make sure that you do not share any such content.

 

• We have a strict policy for using the Communities and Website for illegal purposes. The Communities and the Website must not be used to support terrorism, offer sexual services, sell illegal items such as drugs, or perform any such activities which are against the legal framework. Accounts which are promoting any illegal activity will forthwith be banned and be reported to the relevant authority responsible for regulating the same.

 

• It is critically important to ensure that other members of the Communities are respected at all times. We support a positive community which fosters growth, love and respect. Content which is used to degrade, blackmail, harass or intimidate someone will immediately be removed. It is illegal to encourage hate against someone based on their sex, race or any other feature.

 

• A lot of people might use the Communities for posting important events which might be of national and international importance. However, we will ensure that such content remains appropriate for all the users.

 

• We strictly endorse a non-bullying policy. If you make inflammatory remarks against anyone, we will take strict action against you. Make sure that you are always tolerant towards the views and opinions of other people. Also ensure that you also respect the privacy of other users and not infringe the same in any manner whatsoever.

 

• Each member must play an integral part in ensuring that the Community is strong at all times. If you come across something which is in violation of our Community Guidelines, Terms and Conditions or Other Policies, please report the same to us. Our team will ensure that any such violation is dealt with full force and impact. Make sure that you provide us with as much information so that we can ensure compliance with the Community Guidelines.

 

• There will be a lot of content within the Community which you may not like. However, it is not necessarily the case that the same is in violation of the Community Guidelines.

 

• If you come across someone who has infringed upon your copyrights and trademarks, then you may inform us of the same and we will take appropriate action. However, refrain from drawing more attention to the situation since this may attract violations.

 

• If you think that there is a risk to your safety or any user may be detrimental to the public at large, please inform us and we may work with the law enforcement agencies to ensure that such occurrences do not take place.

 

• We are fully entitled to take any action whatsoever if we find that you are violating the Community Guidelines, the Terms and Conditions or Other Policies.

 

• The membership to the Communities may be subject to membership fees. You agree to pay the same upon the terms and conditions as imposed by us.

 

21. TERMINATION

 

We may at our sole discretion terminate your use of, or access to, the Platform at any time If your use of the Platform is terminated, you will no longer be authorised to access the Platform. However, all licences granted to you and all disclaimers by us and limitations of our liability set out in the Terms or elsewhere will survive termination.

 

 

 

22. INDEMNIFICATION

 

You agree to indemnify, defend us, and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your use of the Platform and/or the Services; (ii) your breach of these Terms, Other Policies or the documents incorporated here by reference, or your violation of any law or the rights of a third-party.

 

23. DISCLAIMER

 

• WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES OR THE PLATFORM FOR INDEFINITE PERIODS OF TIME.

 

• YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, SERVICES OR THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM DELIVERED TO YOU IS (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

• TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR OTHERS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, IRRESPECTIVE OF WHETHER SUCH DAMAGE IS DUE TO THE RESULT OF ERRORS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS.

 

 

 

24. DISPUTE RESOLUTION & GOVERNING LAW

 

• The Terms and Other Policies including shall be interpreted and governed according to the laws of the State of New York without regard to or application of its conflict of law, rules, or principles. The Parties agree that any dispute in connection with the Terms and/or Other Policies, including disputes relating to services and payments, must be settled through the courts of the State of New York. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action).

 

• We do not resolve any dispute between clients and the Service Provider. We are not a party to such disputes and shall be under no obligation to resolve such disputes. We may, however be under no obligation, to mediate such disputes. If we choose to mediate such disputes, then you will be required to pay or reimburse any legal fees incurred by us as a result of having to mediate any such dispute.

 

25. SEVERABILITY

 

In the event that any provision of these Terms and Other Policies is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Other Policies, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

26. CHANGES

 

We reserve the right to make changes to the outlook and functionality of the Platform and the content therein. Any new features or tools which are added to the Platform shall also be subject to the Terms and Other Policies. You can review the most current version of the Terms and Other Policies at any time on this page. We reserve the right to update, change or replace any part of these Terms and Other Policies by posting updates and/or changes to our Platform without any prior notice or intimation. It is your responsibility to check this page periodically for changes.

 

27. MISCELLANEOUS

 

• The failure of us to exercise or enforce any right or provision of these Terms and Other Policies shall not constitute a waiver of such right or provision.

 

• These Terms and Other Policies and any policies or operating rules posted by us on this site or in respect to the Services and the Platform constitutes the entire agreement and understanding between you and us and governs your use of the Platform and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Other Policies).

 

• Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

 

• Any ambiguities in the interpretation of these Terms and Other Policies shall not be construed against the drafting party.

 

• The headings used in these Terms and Other Policies are included for convenience only and will not limit or otherwise affect these Terms and Other Policies.

 

28. CONTACT INFORMATION

 

Questions about these Terms and Other Policies should be sent to us at contact@stressknotnyc.com and any other relevant communication should be sent to the same email.