Terms and Conditions

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These Customer Terms & Conditions and any other rules posted on the website located at the URL www.calmnest.com (the “Website”), including “Terms of Use”, “Disclaimer” and “Privacy Policy”,each of which is incorporated by reference herein (collectively, with these Terms & Conditions, the “Website Terms”), constitute an agreement between Calm Nest LLC, (“Calm Nest”, “we”, “our”, “us”) and you, the customer, governing your registration for an account (each, an “Account”) and/or the purchase by you of products (“Physical Products”) or services offered on the Website ( “Services”, and together with Physical Products, “Products”) on the Website. Before purchasing any Product or acting on any information contained on the Website, please read the general disclaimer in the immediately subsequent section.

 

WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT OR SERVICE OFFERED ON THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD NOT USE OR YOU SHOULD STOP USING THE WEBSITE, AS APPLICABLE, AND TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING FROM THE WEBSITE.

 

Your access to the Website, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Website Terms and all applicable laws. Your right to access the Website and purchase Products will terminate immediately, without any further action by Calm Nest, if you breach the Website Terms in any respect.

 

We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and you acknowledge and agree that any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes in all respects. For the avoidance of doubt, you should immediately discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.

 

General Disclaimer

All information contained in this website and any other information or Products provided by third party service providers are not intended to replace any medical, psychological, nutritional or fitness advice provided by any professional (including, but not limited to, any medical professional). Please consult your physician, psychologies, psychiatrist, nutritionist or any other professional before using any treatment offered by third party service providers on this site or any information contained on this site. Please continue receiving any ongoing medical treatments recommended by any medical professional and do not discontinue, interrupt or delay any regime or treatment course recommended by any medical professional..

 

Registration for an Account

To use some of the services or features made available to you on the Website, you may need to create an Account. When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address. Users who have created an Account (“Registered Users” or “Users”) are able to see and manage their account through the “Account” part of the Website after site login. Should any of your registration information change, please promptly update your Account information or notify us immediately at the following e-mail address [email protected] We also reserve the right to change the registration requirements from time to time. Please see Terms of Use for more information about maintaining and terminating your Account.

Eligibility to Purchase Products

In order to make purchases on the Website, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of New York and have a shipping address that you have provided.

 

In order to make purchases on the Website if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated.Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to Calm Nest, and have authorized Calm Nest to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Calm Nest reserves the right, in its sole discretion, to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

 

By making an offer to purchase Products, you expressly authorize Calm Nest to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including, but not limited to, any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

 

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.

Orders

When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any Products in ‘Your Bag’ (or its equivalent) are not reserved and may be purchased by other customers until your order is complete and accepted by us.

 

Calm Nest offers Products for sale that are waiting for shipment from our suppliers or rely on third– party service providers. Calm Nest may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to Calm Nest and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from Calm Nest.

 

When you submit an order to us through the Website, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.

Acceptance of Your Order

Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e- mail in a form called a “Confirmation of Order” (or its equivalent) stating that we are accepting your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.

 

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, a third- party service provider subsequently notifies us that such Product is unavailable or will not be able to provide such Product for any reason, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

 

If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to [email protected]

Prices

Prices shown on the Website are in US Dollars and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Your Cart’ (or its equivalent), or you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout” in ‘Your Cart’ (or its equivalent).

 

All prices constitute invitations to make an offer as advertised and are subject to change from time to time without notice (or after an order for a Product has been made),including, but not limited to, in cases of error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While we will make commercially reasonable efforts to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. Prices of Product(s) may also be changed due to changing prices or other changes made by third-party service provider If we discover an error in the pricing of a Product in your order or a third-party service provider requests a different price for the Product(s), we will promptly notify you of such change. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price or was subject to change by a third-party service provider and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you or otherwise provide notice to you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

 

If you are a customer whose credit/debit card is not denominated in US Dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction (such exchange rate may include any fees incurred for such exchange of foreign currencies into US Dollars).

Payment

Payment for Products can be made by credit card (including, but not limited to, Visa and MasterCard) and any other methods which may be provided for on the Website from time to time.

 

We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website, but rely on Stripe to do so. See here for more information on how Stripe protects your information.

 

We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.

Delivery: Fulfillment

Calm Nest is not responsible for the delivery of Products while in transit until it is delivered to your specified delivery address. We rely on our network of third party service providers to deliver or arrange for delivery of all Products that require delivery. As a result, Calm Nest will forward any messages regarding problematic delivery of Product(s) to the applicable third party service provider and make commercially reasonable efforts to ensure the delivery of such Product(s). Our goal is to assist our third party service providers in the delivery of the Product(s) to you at the place of delivery requested by you in your order. Please note that it may not be possible for certain third party service providers to deliver to some locations (including, but not limited to, international locations), which may depend on the specific third party service provider. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.

Depending on the third party service provider from which Product(s) are requested, delivery of any Product costing in excess of US$500 may require a signature acknowledging receipt to be delivered. Such Products may not be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older may be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you. For the avoidance of doubt, at no time during the delivery of such Product(s) will Calm Nest have any responsibility whatsoever for delivery of any Product(s).

While our goal is to encourage all purchased Products from third party service providers to be shipped within two business days of the date on which you place your order, third party service providers may take longer to ship or otherwise fulfill any Product(s) at their sole discretion, including, but not limited to, if you have chosen to have a Product monogramed or otherwise personalized or customized in any respect may require a longer time to prepare. If a Product in your order is backordered, delayed or being monogramed or personalized, your order may be processed with multiple shipments. Calm Nest does not guarantee any delivery dates whatsoever. We will endeavor to notify you if we anticipate that the Product will arrive after any set delivery date, but in no event whatsoever will we be responsible for any losses, liabilities, costs, damages, charges or expenses of any kind arising out of late delivery.

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any faults, defects or damage.

With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we or the third party service provider may (without affecting any other right or remedy available to us) do either or both of the following:
(x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us or the third party service provider, as applicable, including, but not limited to, redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).

Services purchased on the Website do not require delivery. Instead, fulfillment of any Service(s) purchased will be through Zoom Video Communications at zoom.us (or another suitable interactive online platform). By purchasing a Service on the Website, you agree to the terms and conditions of Zoom Video Communications or any other applicable interactive platform. We rely on our network of third party service providers to arrange for fulfillment of all Services. As a result, Calm Nest will forward any messages regarding problematic fulfillment of Services(s) to the applicable third party service provider and make commercially reasonable efforts to ensure reasonable fulfillment. Our goal is to assist our third party service providers in the fulfillment of the Services(s) to you at the time of fulfillment requested by you in your order. Please note that it may not be possible for certain third party service providers to provide certain Services to certain customers or at certain times (including, but not limited to, non-business hours), which may depend on the specific third party service provider. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative fulfillment method.

Returns

Any Product(s) subject to return shall be exclusively handled by the third party service provider and be such third party service providers sole responsibility. It is the general policy of our third party service provider that all Products eligible for return must be returned unused, with tags attached in their original packaging and with adequate insurance. Furthermore, returns of intimate apparel, earrings, any personalized or custom-made products, final sale merchandise, or a Product that is specified as non-returnable in its description will not be accepted for any reason. Any exceptions to this policy will be listed under product details on the product page. Calm Nest may at its option make commercially reasonable efforts to assist in the return of Product(s) by you to the third party service provider; provided that in no event shall we have any responsibility whatsoever for such returns.

 

Calm Nest will keep a record of your order and these Customer Terms & Conditions for a period of time after we have accepted your order. However, for your future reference we recommend that you print and always keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.

 

Faulty Products

Products are faulty if they are received damaged or where a manufacturing fault occurs within 40 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. By ordering from Calm Nest, you acknowledge and agree that to the maximum extent permitted by law, we shall bear no liability whatsoever from fault Products under any circumstances. All liability, if any, shall be borne by the third party service providers within our network.

Third Party Service Providers

Relationship Between Calm Nest and Third Party Service Providers

Calm Nest is not a party to the dealing, contracting and fulfillment of any Products between you and a third party service provider. Calm Nest has no control over and does not guarantee the quality, safety or legality of Products, offered, performed, advertised or the truth or accuracy of third party service provider listings, the qualifications, background, or abilities of any users of the Website, the ability of third party service provider to deliver or perform any Product(s), the ability of any users to pay for any Product(s), or that a third party service provider can or will actually complete any Product(s). Calm Nest is not responsible for and will not control the manner in which a third party service provider operates and is not involved in the hiring, firing, discipline or working conditions of the Practitioner. All rights and obligations for the purchase and sale of Services are solely between a Client and a Practitioner. Calm Nest will not provide any third party service providers with any materials, equipment, or facility to complete or deliver any Product(s). You and third party service providers must look solely to the others for enforcement and performance of all the rights and obligations arising from any agreement and any other terms, conditions, representations, or warranties associated with such dealings. You expressly acknowledge and agree that Calm Nest does not supervise, direct or control any third party service provider’s Product(s) or any Product(s) in any manner. Users and third party service providers each acknowledges and agrees that the value, reputation and goodwill of the Website depend on their performance of their covenants and agreements as set forth in herein and any agreement between Calm Nest or any of its affiliates.Users and third party service providers further agree that Calm Nest has the right to take such actions with respect to the Terms of Service or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Calm Nest in its sole discretion deems necessary to protect the value, reputation and goodwill of the Website. USERS AND THIRD PARTY SERVICE PROVIDERS ASSUME ALL RISK IN CONNECTION WITH THE PRODUCTS EXCHANGED BETWEEN ANY THIRD PARTY SERVICE PROVIDER AND USER, INCLUDING THE SAFETY AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER OR ANY USER. CALM NEST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE THIRD PARTY SERVICE PROVIDE OR USER OR BOTH, AS APPLICABLE.

Background Certification and Reference Checks

Calm Nest does not employ, recommend or endorse any third party service provider or User, nor is it responsible for the conduct of any third party service provider or User. Calm Nest solely operate its Website to connect third party service providers and Users. You acknowledge and agree that you are responsible for determining if the third party service provide that you request Product(s) from or otherwise hire is qualified to deliver or perform such Product(s) requested and for complying will all applicable laws in connection with the provision of such Product(s). Notwithstanding the foregoing, third party service providers will likely have completed a background, certifications and reference checks with Calm Nest;

Governing Law and Jurisdiction

These Customer Terms & Conditions and any dispute that may arise between you and Calm Nest will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). DISPUTES ARISING FROM THESE CUSTOMER TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Website, you and Calm Nest agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to [email protected] We will send any notice of dispute to you at the contact information we have for you. You and Calm Nest will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms & Conditions. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer- Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

 

You agree to arbitrate with Calm Nest only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Customer Terms & Conditions, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.

Subscriptions

If you purchase a subscription, you will receive regular shipments of those Products based on the frequency you choose; Calm Nest may offer multiple subscriptions with various types of Products, frequencies of delivery, quantities of Products delivered and price points. Your subscription will continue for each subscription period until you cancel. You will be charged each subscription period for the cost of the applicable products, plus shipping, handling, and sales tax. You may skip a subscription shipment, make changes to or cancel your subscription at any time, as set forth below.
For any subscription plan, there will be no additional fee associated with the subscription, and there will be no minimum purchase obligation.

AUTORENEWAL AND RECURRING CHARGES APPLY.

By purchasing a

subscription, you agree that Calm Nest (or its third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge. There is no minimum purchase obligation.

CANCELLATION.

You may cancel your subscription at any time.
To cancel, log in to your Calm Nest account, click the “subscriptions” tab, then click “cancel.” You may also cancel by contacting our customer service team via email at [email protected] If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and Calm Nest will not charge your payment provider for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Calm Nest will continue to process your order; your subscription will terminate automatically after the last order is shipped.

 

SKIP A SHIPMENT.

You may also skip a shipment at any time. To skip a shipment, log in to your Calm Nest account, click “subscriptions,” then “skip a shipment”; if this option is not available, you can also request to skip a shipment by promptly contacting our customer service time via email at [email protected] If we receive your message and you skip a shipment before your next recurring payment is charged, Calm Nest will cancel the next scheduled delivery for your subscription and your payment method will not be charged for the skipped shipment. If you skip a shipment while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Calm Nest will continue to process your order for that period and skip the following subscription period. After your skipped shipment, Calm Nest will automatically re-start your subscription deliveries unless you skip the next shipment or cancel your subscription. Skipping a shipment does not cancel your subscription.

 

MANAGE YOUR SUBSCRIPTIONS.

You can manage or make changes to your subscriptions at any time, by logging into your Calm Nest account, clicking “subscriptions” and following the prompts (e.g., view the status of your subscriptions, add or reactivate a subscription). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed. You agree that the we may terminate or suspend your subscription for any reason at any time in our sole discretion. Calm Nest Products are not intended to diagnose, treat, cure or prevent any disease and, by ordering the Product(s), you acknowledge and agree that the Product(s) may not have the intended result (or any result whatsoever) and absolve Calm Nest and any third party service providers of any liability to the maximum extent permitted by law.

Welcome to Calm Nest

Calm Nest, a California limited liability (“Calm Nest”, “we”, “our”, “us”) with principal offices at 15332 Antioch St, suite 487 Pacific Palisades, CA 90272 USA and privacy contact
email [email protected], operates the websites located at the URL calmnest.com and may operate various companion websites located at other URLs and apps (collectively,
the “Website”).

 

Effective date: July 1, 2020

 

Scope of Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal information that you provide to us when using the Website or otherwise, as well as our privacy practices. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service) or (iii) otherwise provides any personal information to us.

 

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH CALM NEST. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US

 

The Website contains links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collection Policy

  • Contact and Account Information: your name, addresses, telephone numbers, email addresses, date of birth, username, password and any other contact and/or Account information that you provide us either through our Website, our events or in-store;

  • Service Provider Information: Information about the mobile or internet service provider you are using with your device to access the Website and/or send us messages. , including name and the

  • Messages: The date, time and content of any messages you send to us;

  • Payment Information: Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;

  • Technical Information:

  • IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and information on what pages you access on and other information about the way(s) in which you use the Website).

  • Information provided on any application (including the App) or authorization, such as your location, your handset type, your UDID (unique handset code) and any other information you or your mobile device provides to us;

  • Other: Other information you provide to us when you use the Website or otherwise interact with us.

  • Information listed above which we aggregate and/or anonymize so that it is not linked to you.

How Information is Collected

We may collect information through one or more of the following ways:

  • the completion of electronic forms found on the Website or on a third party-hosted website, whether via computer or mobile device;
  • the completion of paper forms provided to us;
  • SMS (Short Message Service) messages sent via cell phone, or through email and other communications;
  • telephone calls made to us, or vice versa;
  • surveys;
  • referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others including by virtue of advertisements placed by us on websites maintained by those third parties;
  • our affiliates;
  • the maintenance and analysis of Website server logs;
  • events that we host or by visiting our stores; and
  • “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means. See “Use of Web Technologies” Section below.

Location information

We may collect information about your location based on:

  • derivations made from the IP address from which you connect; and
  • if you consent (by accepting on your mobile operating system), the Global Positioning System (GPS) of your device(s) when any app(s) is running in the foreground (together, “Location Information”).
  • We (and our third-party service providers) use your Location Information to provide you with customized nearby services or value-added services (including marketing) that we think you’d like. Where possible, we may also use Location Information to enhance or localize content and services that you use. If you do not wish to share your GPS location with us, you can switch off GPS functionality on your mobile device. If you otherwise wish to withdraw you consent to us using cell ID data and GPS data, email us at [email protected]
  • Certain portions of the Website require that you register for an Account before being able to access them. On those portions of the Website that require registration, we collect information to create your account, as well as to determine specific content, products and services that will be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.

Use of Information Collected

We may use the information we collect:

  • to identify the parties with whom we are dealing and to provide customized information and offers of products and services, including to enable third party services to display customized content and advertising provided by us.
  • to manage and communicate with you about your account with us.
  • for the purposes of fulfilling orders for products or services placed by you.
  • for statistical purposes.
  • to provide information about our company such as newsletters or other communications, and to deliver advertising and promotional information from our partners and third party vendors.
  • to improve our technologies including for the purpose of enhancing your experience on the Website
  • to provide marketing messages, promotions, offers of products and services and other content which we think will be of specific interest to you, where you have consented (or not opted out, as applicable)

We store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in

accordance with applicable regulatory requirements, and is used only for processing underlying transactions.

Where you have consented (or not opted out, as applicable), we add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We do not currently use geolocation for purposes of tracking your location when you use the Website, but we reserve the right to do so in the future in order to better target product and service offerings and other information to you.

When you sign up for an account with us, we will send you a welcome email. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your account. In addition, when you register an Account with us, you can consent to our contacting you by email and to receiving our email subscriptions, editorial emails and advertorial emails (see below) from us. If, at any time, you no longer want us to contact you by email and/or receive our email subscriptions, editorial emails and advertorial emails, you can opt out of these functions by changing the preferences in your Account. You can contact customer service by email, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.

If you have an Account with us, then from time to time, and in addition to emails or email subscriptions sent by us, we will send you emails that contain advertising or other content sponsored by third party retailers or businesses (“advertorial emails”). These advertorial emails are clearly marked as such in the subject line and a note at the top of the article itself. The content is paid for by our sponsors and does not reflect the opinions of our editorial staff. If you prefer not to receive these emails, you can deactivate your Account or otherwise opt-out as provided in the “Opting Out” section of this Privacy Policy below. We send advertorial emails on behalf of the third party sponsors. We do not share your personally identifiable information with such sponsors, except as otherwise provided in this Privacy Policy, but we can sell or share aggregate, non-personal information with such sponsors for any legally permissible purpose.

Sharing of Information Collected with Third Parties

We reserve the right to rent or sell the information we collect from you to third parties, including, but not limited to, third-party service providers.

We also share your information with certain third parties in other circumstances, including, but not limited to, when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services.

We will share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you. We will share your credit/debit card data only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.

We will also share certain of your information with third parties for the purposes of providing you with newsletters or other communications.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality

and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

We will provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, Snapchat, TikTok advertising networks and others. The placement of social media widgets, or advertising units on the Website can permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We transfer your information as an asset in connection with a proposed or actual merger or sale (including, but not limited to, any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law (including, but not limited to, the requests of law enforcement agencies).

Use of Web Technologies Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. If you reject cookies, you can still use the Website but your ability to use particular areas of the Website will be limited.

Tracking Pixels

In the future, we employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website

pages and are about the size of the period at the end of a sentence. We will not tie the information gathered by tracking pixels to your personally identifiable information.

We use tracking pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Opting Out” section of this Privacy Policy below.

Log Files

As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

What types of cookies and other Web Technologies do we use and how do we use them?

The types of cookies and similar technologies used by us and our partners in connection with the Website can be classified into one of five categories, namely ‘essential Website cookies’, ‘functionality cookies’, ‘analytics and performance cookies’, ‘advertising cookies’, and ‘ social media cookies’. Cookies do a lot of different tasks to ensure you enjoy your visit to our Website, for example, they are used to remember your preferences on our Website, to help you navigate between pages more efficiently, to enable you to log into your account more easily and to make sure the adverts you see on our Website are relevant to you and your interests. We have set out some further information about each category, and the purposes of the cookies we and third parties set in the following table.

You can block these cookies and similar technologies by changing your browser setting. However, in relation to those that are essential for the operation or improve the functionality of the Website, this may impact your use of the Website.

Type of cookie

What it does

Cookies necessary for essential Website purposes

These cookies are essential to provide you with the Website and any services available through this Website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.

Functionality Cookies

Functionality cookies record information about choices you’ve made and allow us to tailor the Website to you. These cookies mean that when you continue to use or come back to the Website, we can provide you with our services as you have asked for them to be provided.

These cookies allow us to:

  • Save your location preference if you have set your location on your homepage, if applicable, in order to receive a local weather forecast;

  • Remember settings you have applied, such as layout, text size, preferences, and colors;

  • Show you when you are logged in; and

  • Store accessibility options.

Performance Cookies

We use performance/analytics cookies to analyze how the Website is accessed, used, or is performing in order to provide you with a better user experience and to maintain, operate and continually improve the Website.

We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. For more information on Google Analytics, see here . You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google

page: https://tools.google.com/dlpage/gaoptout. These cookies allow us to:

  • Better understand our Website visitors so that we can improve how we present our content;

  • Test different design ideas for particular pages, such as our homepage;

  • Collect information about Website visitors such as where they are located and what browsers they are using;

  • Determine the number of unique users of the Website;

  • Improve the Website by measuring any errors that occur; and

  • Conduct research and diagnostics to improve product offerings.

Advertising and Targeting Cookies

As you use our Website, you will notice that it features advertising. We allow third party companies, including advertising companies, to place cookies on our Website.

These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet.

Cookies also allow us and third parties to know whether you have seen an ad or a type of ad, and how long it has been since you’ve last seen it. This

 

In addition to the cookies we use on this website, we also use cookies and similar technologies in some emails, social media posts and push notifications and other communications which enable us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies will also be set on your computer or mobile device and will also be set if you click on any link within the email.

For US Users: Do Not Track

When you use the Website, you may have set your browser or other means used to access the Website to send “do not track” requests to us. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Security

We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we will occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone. Furthermore, you are

responsible for ensuring that all persons who access the Website through your internet connection are aware of these the Website Terms and Terms of Use and comply with them in all respects.

Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality and other criteria.

No Information Collected from Children

The content and services provided by us or our affiliates, sponsors and advertisers, including without limitation the Website, are not intended for anyone under the age of 18 and you should not access such content or services if you are under the age of 18. Under any circumstances, a parent or legal guardian should use the Website instead of any children under the age of 18 (including, without limitation, any children age 13 or younger). As a result, no information is knowingly collected or retained on any minors (including data from children under the age of 13), nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 18. All minors are not eligible to use any services provided by us and we ask that children under the age of 18 not submit any personal information to us or visit the Website for any reason.

Third Party Ad Server Networks

Our Website uses third parties such as network advertisers to serve advertisements on our Website and traffic measurement services to analyze traffic on our Website. Network advertisers are third parties that display advertisements based on your visits to our Website and other websites you have visited. Third party ad serving enables us to target advertisements to you. Our Website’s third party ad network providers, the advertisers, the sponsors and/or traffic measurement services can themselves set and access their own cookies and other technologies on your computer and track certain behavioral information regarding users of your computer via an IP address or other device identifier. These third party cookies and other technologies are set to, among other things: (a) help deliver tailored advertisements to you; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies can serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies, web beacons and other third party technologies are governed by each third party’s specific privacy policy, not this one.

To opt out of third-party tracking on our Website use the following tools

You can opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out- interface.

If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices.

Click http://www.networkadvertising.org/choices/ to visit the NAI opt out page and click http://www.aboutads.info/choices/ for the DAA opt out page.

You can visit http://www.networkadvertising.org/understanding-online-advertising/ to learn more about interest-based advertising and your choices regarding having this information used by third parties and your “opt out” choices. Opting out through the DAA or the NAI only means that those

DAA or NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect our Website as well as other unaffiliated websites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit these opt out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt out choices could not (or could no longer) be effective.

Opting Out

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please send an email to [email protected], with the word “REMOVE” in the subject line.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at [email protected].

Privacy Policy Updates

We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here and we will notify you of any material changes. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at [email protected]. By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have acknowledged our Privacy Policy.

Manage Accurate Information

If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by email, telephone or postal mail at the contact information listed below to assist you with changes to your Account. To the extent your Account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

EU Users

If you are in the EU, you have certain additional rights and protections under the law regarding the collection and processing of your personal data.

Legal Basis for Processing

 

If you are in the EU, we will collect and process your personal data:

 

To perform our responsibilities under our contract with you (e.g. processing payments for and fulfillment of the goods you have ordered);

When we have a legitimate interest in collecting and processing your personal data in order for us to run a successful commercial organization (e.g. to communicate with you about updates regarding your order, to advertise products to specifically tailored for you, and send you updates to this policy);

Where you have given your consent (e.g. to market products to you, to use Location Information)

– please note that you can withdraw your consent at any time by emailing [email protected]; or

To comply with our legal or regulatory obligations.

Recipients

We share your information with selected recipients. These categories of recipients include:

cloud storage providers including, but not limited to, Amazon Web Services, to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;

IT Services providers (including Segment, located in the United States), that provide us with SaaS services, who we use to store our customer relationship management information, etc.;

provided you have consented, advertisers and advertising networks including Google and Facebook located in California, and which store your personal data in California, that require the data to select and serve relevant adverts to you and others;

analytics and search engine providers including Google and Heap located in California and which currently store your personal data in California that assist us in the improvement and optimization of the website; and

Data Subject Requests

If you are a user in the EU, you have the right to access personal data we hold about you and to have certain personal data corrected or erased. You also have the right to data portability, and to restrict certain processing of your data in certain circumstances. You also have the right to complain

to your data protection authority if you have any complaints about how we process your personal information.

You have the right to object to our processing of your personal data at any time, and you can withdraw your consent to marketing at any time.

To make any of these requests please email [email protected]. We will respond as soon as practicable and no later than one month after receipt of your request. We will request proof of identification to verify your identity.

We reserve the right to deny or restrict fulfillment of your request in certain cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing or your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.

Questions or Complaints

In the event that you have a concern about our collection and processing of your data, please contact us first at [email protected] and we will do our best to fix it. You also, have the right to lodge a complaint directly with your local supervisory authority.

Data Retention

We will retain your information as long as needed to enable you to access the Website or otherwise interact with you, and for as long as you or we can bring a legal claim.

After you have terminated your use of our services, we may store your information in an aggregated and anonymized format.

California Residents

The table below explains the categories of information that we expect to collect in the next 12 months, the sources of that information, the purpose for that collection and the categories of third parties with whom we share that information.

Category Purpose of Collection Disclosed to Third Parties

User provided information (e.g. identifiers, such as, first name and last name, email address, phone number) We use this information to provide the services you request, fulfill your orders, answer and manage your questions or complaints, provide you with information you request, for advertising and marketing purposes, run analytics, statistics and research and to tailor your experience on our services We may need to disclose this information to service providers such as our cloud storage, payment processing, order management, shipping fulfilment, data analytics, logging and operations providers. We may also disclose this information to third parties for advertising and marketing purposes.

Location Information (geolocation information and commercial information)

We use this information to provide you customized services near you and value-add services near you (including marketing).

We may need to disclose this information to service providers such as our cloud storage, payment processing, order management, shipping fulfilment, data analytics, logging and operations providers.

Survey responses

We use your survey responses to improve our services and better understand your preferences.

We may need to disclose this information to service providers such as our cloud storage providers, data analytics and survey processing providers.

Website and Account usage information (e.g. order history, wait lists, pages viewed, and customer service inquiries)

We use this information to better understand how you use the service and to customize your experience on our services.

We may need to disclose this information to service providers such as our cloud storage, payment processing, order management, shipping fulfilment, data analytics, logging and operations providers.

Device level information (e.g. internet and other network activity information, including ADIDs, cookies, IP address, and other device hardware and software information)

We use this information to protect the security of your account and remember your personalized settings. We may also use certain device level information for advertising and marketing purposes.

We may need to disclose this information to service providers such as our cloud storage providers, data analytics providers and advertising partners.

Inferred Data (e.g. inferred user information, preferences or tastes)

We may use this information to provide you with recommendations and customize your experience, optimize or improve our services, and run analytics, statistics and research.

We may need to disclose this information to service providers such as our cloud storage, data analytics, logging and operations providers.

Audio and Visual Information (the public spaces in our physical locations are protected by CCTV.)

We may use this information for the purpose of preventing crime and for your safety and the safety of our employees.

We may need to disclose this information to service providers such as our security and CCTV providers or to law enforcement.

The CCPA has defined a “sale” to include any transfer of personal information by us to another entity for anything of value. For these purposes, in the next 12 months, we expect to “sell” (for the purposes of the CCPA) the following categories of personal information:

device level information (e.g. internet and other network activity information, including ADIDs, cookies, IP address, and other device hardware and software information);

commercial Information (e.g., purchases, wait lists and pages viewed);

inferred Data (e.g. inferred user information, preferences or tastes); and

location Information (geolocation information and commercial information) to third parties for a business or commercial purpose.

As applicable under the CCPA, from January 1, 2020, if you are a California resident, you may make requests to us as set out below. We will review all requests received and determine the extent to which and how to respond. We will not discriminate against any California resident who makes such requests.

Right to access/know

You may request from us a list of: (i) the personal information that we have collected about you;

(ii) the categories of third parties to whom we have disclosed your personal information; and (iii) the categories of third parties to whom we have sold your personal information. You have the right to up to two (2) access requests each twelve (12) month period.

Right to delete your personal information

You may request to delete your account and your personal information.

Right to opt-out from the sale of your personal information

You may request, at any time, to direct us to stop “selling” (for the purposes of the CCPA) your personal information.

Making Requests

You may contact us to make the requests described above by contacting us as indicated below in the Contact Us section. We will not use the information you provide as part of your request for any other purpose other than to fulfill your request.

To ensure the privacy and protection of individuals, we are required to verify or otherwise authenticate your request(s). We will upon receipt of your communication ask you to verify your identity and confirm your request with respect to your personal information; we will use the information you submit to verify your request prior to completing your request.

You may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney / notarized letter authorizing said agent. Requests from

agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied.

Other Requests

As provided in this Privacy Policy, if you are under the age of 18, we ask that you do not use the visit for any reason and do not post any content whatsoever. If you are a user of this service and a California resident under the age of 18 and you have posted content in violation of our Privacy Policy, you may request to have your posted content or information removed from the publicly- viewable portion of this Website by logging into your account and removing your posted content or information from the webpage where it is posted, or contacting us directly. Alternatively, you may contact us at [email protected].com to remove any content that you have posted in violation of our policies and to deactivate your Account. Content or information may not be removed from our systems or databases. In certain situations, content or information posted in violation of our policies cannot be removed.

As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your information for such third parties’ marketing purposes and the categories of Information we may disclose.

See the Contact Us section below to make such requests.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows: By mail:

Calm Nest LLC

15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attn: Customer Service

By email: [email protected]

TERMS OF USE

Effective as of July 1, 2020

Welcome to Calm Nest

Calm Nest LLC, a California limited liability company (“Calm Nest,” “we,” “our,” “us”), operates the website located at the URL www.calmnest.com (together with any other website or applications branded as Calm Nest, including, without limitation, any apps or companion websites (collectively, the “Website”). These Terms of Use constitute an agreement between Calm Nest and you, the visitor, governing your access and use of the Website. Please read these Terms of Use carefully before you start using the Website. These Terms of Use are also incorporated by reference into our Privacy Policy and Customer Terms of Use.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Acceptance of these Terms of Use

WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY CALM NEST. THESE TERMS OF USE APPLIES TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS AND OTHERS WHO ACCESS THIS WEBSITE.

Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by Calm Nest, if you breach these Terms of Use.

Modification and Changes to Terms of Use

We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use.

License to Use the Website

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or

services contained with the Website without the express written consent of Calm Nest LLC. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by Calm Nest and/or its Content providers. The licenses granted by Calm Nest terminate if you do not comply with these Terms of Use and/or any other website’s terms and conditions.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms of Use.

Registration / Accounts

In order to purchase any Products on Website, you will create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users” or “Users”) are able access their accounts through the “Your Account” part of the Website and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. Please refer to our Customer Terms and Conditions for more details about ordering products through the Website and our Privacy Policy for more details about submitting your personal information to us.

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Calm Nest; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of

your Account by sending an e-mail to [email protected] with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Calm Nest will not be liable under any circumstances for any losses caused by any unauthorized use of your account.

By providing Calm Nest your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

Calm Nest reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to [email protected] with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or sending an email to [email protected] with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Website, termination of your Account and/or cancellation of your Subscription. If you terminate your Account, you will remain liable under these Terms of Use for any purchase or any activity made prior to termination. If we terminate your right to access the Website, these Terms of Use will immediately terminate and all rights you have to access the Website will immediately terminate, until reinstated in our sole discretion. The provisions that by their nature should survive shall survive.

Intellectual Property Rights

The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Calm Nest, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Website.

Calm Nest tries to ensure that the Content is accurate and complete. Your use of the Website is at your risk. Calm Nest does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Calm Nest and its suppliers make no warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. Calm Nest reserves the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website, you acknowledge, agree and confirm that Calm Nest is not liable to you or any third party for any such withdrawal.

Website Content is selected by our editors and is editorial content. We may accept or take advertising, and such content may not be specifically indicated as such. We may accept payment from third parties for products or Content to appear on the Website. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will generally be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to [email protected] with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Calm Nest Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Calm Nest and we accept no responsibility for any such third party opinions and views.

Restrictions

You may not under any circumstances:

Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;

Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;

Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;

Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;

Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;

Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses, worms, logic bombs or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the Calm Nest system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Calm Nest or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;

Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;

Use the Website to collect any personally identifiable information, including Account names and e- mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or

Attempt to reverse engineer, decompile or tamper with any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.

User Generated Material

Content Standards

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials (including, not limited to, message boards, chat rooms, personal web pages or profiles, forums or bulletin boards) on the Website (“User Generated Material”) that may be accessible and viewable by the public.

With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.

User Generated Material must not:

Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;

Violate our or any other person’s legal rights (including, but not limited to, the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;

Create or threaten harm to any person or loss or damage to any property;

Include other peoples’ personal information, such as another person’s address, phone number, e- mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;

Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Calm Nest or any other person;

Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

Misrepresent your identity or affiliation with any person or organization, including, but not limited to, Calm Nest;

Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;

Seek to transmit any advertising or promotional material, including, but not limited to, chain letters, bulk, junk e-mail or spam, whether automated or not, or interfere with, disrupt or create an undue burden on Calm Nest or the networks or services connected to the Website or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Calm Nest, in its sole discretion, may harm us or other users of the Website, or expose us or users of the Website to any liability whatsoever;

Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or

Be otherwise objectionable or non-family friendly as determined by Calm Nest at its sole discretion.

Any User Generated Material you post to the site will be considered non-confidential and non- proprietary in all respects. We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Whenever you post any User Generated Material to the Website, you represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and third party service providers, and each of their and our any respective licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Website.

We may refuse, alter, remove or take any other action a User Submission without notice for any reason or no reason at Clam Nest’s sole discretion, including our belief that a User Submission may violate these Terms of Use or be otherwise objectionable in any respect. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Website that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Website, whether or not it violates our Terms of Use.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Website and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Website and from any claims related to the conduct of any other users. Furthermore, we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS CALM NEST AND ITS AFFILIATES, LICENSEES, AND THIRD PARTY SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Generated Material. User Generated Material must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Material must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable in any respect.

Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Mobile Service

The following applies to users of any mobile applications created or yet to be created by Calm Nest or its affiliates (collectively, the “App”). The use of the App will require use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your internet service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Calm Nest, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.

We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.

iOS APP

The following applies if you obtain the App through the iTunes App Store: You acknowledge and agree that these Terms of Use are solely between you and Calm Nest, not Apple, and that Apple will have no responsibility for the App or the contents thereof. Your use of the App must comply with the iTunes App Store Terms of Use or other terms applicable to the use of the App. 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 be responsible for any refund of the purchase price 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 claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Calm Nest as a provider of the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims,

(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation.

All such claims are governed solely by these Terms of Use and any law applicable to Calm Nest as the provider of the App. You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Calm Nest, 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 of Use. You and Calm Nest acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms of Use as the same relate to your license of the App and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as the same relate to your license of the App against you as a third party beneficiary thereof. Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or rightholder- authorized copying only. Do not steal music.

ANDROID™ APP

The following applies if you obtain our App through the PlayStore™: You acknowledge and agree that these Terms of Use are solely between you and Calm Nest, not Google, Inc., and that Google will have no responsibility for the App or the content thereof. Your use of the App must comply with the GooglePlay™ Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Calm Nest as a provider of the App.

Android™, GooglePlay™ and PlayStore™ are all trademarks of Google, Inc.

Privacy and Communications

PRIVACY

We respect your privacy. By accessing or using the Website you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by e- mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that Calm Nest may send you text messages (including SMS and MMS) to that mobile telephone number. Calm Nest may send you up to one text message per day (the “Message Cap”); provided that your activity may generate additional text messages and any text messages that are sent as a result of your activity shall not be counted toward the Message Cap. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Calm Nest will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.

You may opt-out of receiving any future text messages from Calm Nest at any time by either replying to a text message with the keyword “STOP” or texting the keyword “STOP” to the number from which you received text messages. If you opt-out you agree to receive a final text message confirming you are opting-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help” or at any time send a text message with the keyword HELP to the number from which you received text messages. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Website or to purchase any goods or services on the Website.

You agree to notify us of any changes to your mobile telephone number by clicking the “Manage Preference” link at the bottom of any Subscription or by sending an email to [email protected] with “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Modification or Suspension of the Website and Right to Terminate Your Use of the Website

We reserve the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the

Website shall not be considered to be a representation by Calm Nest that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Linked Destinations and Advertising

The Website may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Calm Nest only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites.

Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Calm Nest expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Calm Nest is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All contents of the Website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2020 by Calm Nest LLC All rights reserved.

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Calm Nest, or other respective owners that have granted Calm Nest license to use such marks. The Calm Nest’s name, logos, service names and Products and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Calm Nest. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

If you believe that any content appearing on the Website, including content created and/or displayed by Calm Nest or other material provided through a link, infringes your copyright, you should notify us

in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

A notification of claimed copyright infringement should be e-mailed to our copyright agent

at [email protected] with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

Calm Nest LLC

15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attention: Legal Department

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Website that is reasonably sufficient to enable us to identify and locate the material;

how we can contact you, such as your address, telephone number and e-mail address;

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

a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Calm Nest and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Calm Nest’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Disclaimers

You understand that products offered by Calm Nest may contain materials that could be dangerous if handled improperly, and you acknowledge that Calm Nest is not liable for any personal injury or property damage arising from any misuse of any products offered through the Website. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Warranty Disclaimer

The information, software, products and services included in or available through the Website are continually upgraded and updated. While Calm Nest will use commercially reasonable efforts to verify the accuracy of any information it places on the Website, Calm Nest does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. CALM NEST AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL- OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The information presented on or through the Website is made available solely for general information purposes. CALM NEST DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY SERVICE PROVIDER) THROUGH THE WEBSITE OR ANY LINKED SITE AND CALM NEST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR

CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT CALM NEST, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE

SET IN SUCH SOCIAL MEDIA ACCOUNTS. This Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You acknowledge and agree that any reliance on the information and other materials included on the Website shall be at your sole risk and responsibility. Calm Nest reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

Medical, Nutrition and Fitness Information

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY CALM NEST OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AS APPLICABLE, IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE WEBSITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE WEBSITE AND YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR- PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND CALM NEST, ITS AFFILIATES OR ANY THIRD PARTY.

THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND

UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. CALM NEST STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

Indemnity and Release

You agree to defend, indemnify, and hold harmless Calm Nest and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Calm Nest by any third party due to or arising out of or in connection with (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” For the avoidance of doubt, you specifically and expressly waive any claims including, but not limited to, any claims that may materially impact your settlement.

Limitations on Liability

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT THIRD PARTIES AND NOT AGENTS OR EMPLOYEES OF CALM NEST. CALM NEST IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRATNIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES. FOR THE AVOIDANCE OF ANY DOUBT, PRODUCTS PROVIDED HEREIN ARE EXCLUSIVELY OFFERED BY THIRD PARTIES AND NO PRODUCTS ARE PROVIDED BY CALM NEST OR ITS AFFILIATES (UNLESS EXPRESSLY INDICATED AS OTHERWISE).

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR CALM NEST AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CALM NEST AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL CALM NEST AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS CALM NEST AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. CALM NEST MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Calm Nest shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and Calm Nest agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to [email protected] We will send any notice of dispute to you at the contact information we have for you. You and Calm Nest will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at [email protected] with “Arbitration Request” in the subject line. You may also contact us by mail at:

Calm Nest LLC

15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attention: Legal Department

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

OPT-OUT RIGHTS; OPT-OUT PROCESS

IF YOU ARE A CALM NEST USER THAT HAS CREATED AN ACCOUNT WITHIN THE LAST THIRTY (30) CALENDAR DAYS, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE [email protected] EMAIL ADDRESS (“OPT-OUT NOTICE”) OR VIA US MAIL TO: CALM NEST LLC 15332 ANTIOCH ST., SUITE 487, PACIFIC PALISADES, CA 90272

ATTENTION: LEGAL DEPARTMENT. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW CALM NEST USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

ALL CLAIMS REGARDLESS OF OPT-OUT; JURY TRIAL WAIVER

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS

WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with Calm Nest only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California and shall apply New York law (without application of any choice of law rules that would cause such arbitration to be decided according to the laws of any other state of territory).

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES. FOR THE AVOIDANCE OF DOUBT, THIS JURY TRIAL SHALL APPLY REGARDLESS OF WHETHER YOU OPT OUT OF THE ARBITRATION PROVISION ABOVE.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Waiver and Severability

No waiver by Calm Nest of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Calm Nest to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Additional Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Entire Agreement

These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and Calm Nest with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please feel free to contact us by e-mail

at [email protected] or write to us at:

Calm Nest LLC

15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attention: Legal Department

Prevailing Terms

These Terms of Use shall prevail in all respects over any general terms and conditions arising from any party’s course of performance or course of dealing or arising under any statute, in any instance regardless of whether you request a change in such terms. Provision of any services or sale of any Products does not constitute acceptance of any terms or conditions that may have been submitted. Unless any such terms are reflected in any updated version of these Terms of Use, such proposal shall have no impact whatsoever on our terms and conditions.

Comments and Concerns

This website is operated by Calm Nest LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].