Terms and Conditions
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.
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
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.
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 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 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.
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.
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.
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.
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.
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,
Effective date: July 1, 2020
Scope of Policy
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;
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;
- 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.
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.
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.
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 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
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.
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 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:
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:
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
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.
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
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
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.
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].
Manage Accurate Information
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.
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.
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.
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.
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.
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.
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.
Calm Nest LLC
15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attn: Customer Service
By email: [email protected]
Effective as of July 1, 2020
Welcome to Calm Nest
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.
License to Use the Website
Registration / Accounts
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
(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.
Android™, GooglePlay™ and PlayStore™ are all trademarks of Google, Inc.
Privacy and Communications
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
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.
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.
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
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).
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
Binding Arbitration and Class Action Waiver
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
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
Waiver and Severability
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
at [email protected] or write to us at:
Calm Nest LLC
15332 Antioch St, suite 487 Pacific Palisades, CA 90272 Attention: Legal Department
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].