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Terms & Conditions

Last Modified: August 16, 2016

When you use Relovate, whether via a laptop, desktop, tablet or smartphone (app or mobile site), whether through access and use of the Website (www.relovate.com) (the "Website") or otherwise, you are agreeing to the Relovate Service (collectively, "Relovate Service"): These Terms of Service are entered into by and between you and Relovate, Inc. ("Relovate", "we" or "us"). The following terms and conditions (these "Terms of Service"), govern your access to and use of the Relovate Service, including any content, functionality and services offered through the Relovate Service.

Please read these Terms of Service carefully before you start to use the Relovate Service. By using the Relovate Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy . If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Relovate Service. These Terms of Service are a binding legal agreement between you and Relovate regarding your use of the Relovate Service and are non-negotiable; so don't try. Together with the Privacy Policy and the Mobile Terms, these represent the totality of our business relationship.

Ability to Accept Terms of Service

The Website and the Relovate Service are offered and available to users who are 18 years of age or older. By using the Relovate Service, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Relovate Service. Relovate is not intended for or directed to persons under the age of 13. Any person who provides their information to Relovate through any part of the Relovate Service represents to Relovate that he or she is 18 years of age or older. If you are under the age of 18, then please do not use the Relovate Service or provide us with your information.

Changes to These Terms

We may revise and update these Terms of Service from time to time in our sole discretion. You will know this because we will revise the "last updated" date at the top of these Terms of Service. Big changes, those which might be considered material, though we are the deciders of this, may stimulate us to send other forms of notification to our registered users. All changes are effective immediately when we post them, and apply to all access to and use of the Relovate Service thereafter. Our attorneys want us to tell you we encourage you to review these Terms of Service frequently so that you remain informed and so we will try to do just that. If you continue to use the Relovate Service after we post an update to these Terms of Service, this will indicate your acceptance of the update.

Your Responsibilities (aka what you own)

The Relovate Service is for people who want to plan trips, share tips, collaborate on their trip experience and then retain their trips, the content of those trips, the preferences and habits they typically express or practice when planning travel and book any or all of the available trip elements in one convenient location using one application. By extension, Relovate Service is for people who seek to conduct e-commerce, that is to search, retrieve, consider, compare and book (buy) trip and travel related products and services online through an internet-enabled device of their preference.

User License

For the purposes described, Relovate grants its users a limited, revocable right to use the Relovate Service as we exclusively define it-in all aspects?support it and make it available to users.

Users must acknowledge that they represent themselves accurately, honestly, and in a manner that is current and correct. If a user books travel using the Relovate Service, then you represent yourself in this process, and if you are doing so on another person's behalf, then you represent that you are authorized to make that booking (aka purchase) and that by extension you own the responsibility of ensuring that other individual knows about all of the terms, rules, restrictions and other related information attendant to that booking.

Accessing the Relovate Service and Account Security

We reserve the right to withdraw or amend the Relovate Service, and any service or material we provide on the Relovate Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Relovate Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Relovate Service, or the entire Relovate Service, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Relovate Service and ensuring that all persons who access the Relovate Service through your internet connection are aware of these Terms of Service and comply with them. To access the Relovate Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Relovate Service that all the information you provide on the Relovate Service is correct, current and complete. You agree that all information you provide to register with the Relovate Service or otherwise, including but not limited to through the use of any interactive features on the Relovate Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Relovate Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Prohibited Uses

You may use the Relovate Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Relovate Service: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (iii) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation, (iv) to impersonate or attempt to impersonate Relovate, a company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Relovate Service, or which, as determined by us, may harm Relovate or users of the Relovate Service or expose them to liability.

Additionally, you agree not to: (i) reuse or "scrape" our data-we don't care why or what motivated you, (ii) exert efforts designed to work around, bypass, circumvent or otherwise defeat any controls or limitations we implement which are purposefully designed to confine your access to the sole purpose of the Relovate Service, so to be even more clear this means robots, spiders and their internet like, (iii) utilize automated methods, scrapers, big data tools, brute force tools, bots, and any of their still undefined brethren and spawn, any or all of which may be designed to slow our service and undermine our user experience which we will consider tortious interference with our business and which you can expect will engender more than a nasty letter, (iv) steal by use of techniques as such "mirroring" or "framing" any part of the Relovate Service into any other website or service, (v) seek actions or try to take actions which result in deliberate efforts to change our load factors to the detriment of the Relovate Service, (vi) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (vii) attack the Website via a denial-of-service attack or distributed denial-of-service attack, or (viii) otherwise attempt to interfere with the proper working of the Website or the Relovate Service.

Intellectual Property

The Relovate Service, the Website, and their entire contents, features and functionality (including but not limited to all information, software, data, photos, logos, comments, graphics, text, sounds, designs and so forth, including the design, selection and arrangement thereof) are ours and belong only to us and not to anyone else. Thus, they are the proprietary property of Relovate, its licensors or other providers of such material and are protected by United States and international copyright; trademark, patent, trade secret and other intellectual property or proprietary rights laws. Relovate reserves all right, title, and interest, and all intellectual property rights to all such information, content and related materials.

These Terms of Service permit you to use the Relovate Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or elsewhere. Relovate and the Relovate logo are trademarks of Relovate, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Relovate. All other trademarks, product names and company names or logos mentioned on the Website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Disclaimer of Warranties

THE RELOVATE SERVICE IS OFFERED "AS IS? ? WHICH MEANS IT COMES TO YOU IN ITS PRESENT FORM AND THAT WE CANNOT GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, OR SPEED OF THE RELOVATE SERVICE, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY. THIS INCLUDES INFORMATION ABOUT THE AMENITIES, PRICES, SCHEDULES, AND AVAILABILITIES OF THE PROVIDERS WE SOURCE. WHEN WE OFFER HELP, WE CANNOT GUARANTEE THE QUALITY OF THAT HELP, WHETHER IT COMES IN THE FORM OF EMAIL, ELECTRONIC CHAT OR THROUGH A LIVE CALL. YOUR USE OF THE RELOVATE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RELOVATE SERVICE OR ANY LINKS DISPLAYED ON THE WEBSITE OR ELSEWHERE IS AT YOUR OWN RISK.

RELOVATE AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND?EXPRESS OR IMPLIED?INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RELOVATE DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE RELOVATE SERVICE OR ANY EMAIL SENT FROM RELOVATE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE OR HARMFUL COMPONENTS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELOVATE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN EXCHANGE FOR RELOVATE'S PROVISION OF THE RELOVATE SERVICE TO YOU, YOU AGREE THAT RELOVATE IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL RELOVATE OR ITS AFFILIATES, LICENSORS OR SUPPLIERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR YOUR INABILITY TO USE THE RELOVATE SERVICE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE RELOVATE SERVICE, THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RELOVATE SERVICE, THE WEBSITE OR SUCH OTHER WEBSITES, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF RELOVATE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR SUCH DAMAGES WERE FORSEEABLE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF RELOVATE'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL RELOVATE BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO RELOVATE FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE RELOVATE SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE RELOVATE SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RELOVATE SERVICE (CRUCIALLY, THIS MEANS RELOVATE IS NOT RESPONSIBLE IF YOUR FLIGHT, TRAIN, OR OTHER FORM OF TRAVEL IS DELAYED OR CANCELED, OR IF YOUR HOTEL RESERVATION IS ALTERED OR CANCELED OR IF AN EVENT YOU BOOK IS CANCELLED OR IF THE CAR RENTAL YOU RESERVED IS NOT AVAILABLE OR THE PRIVATE CAR SERVICE YOU BOOKED BREAKS DOWN AND SO FORTH). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Relovate Service is controlled and offered by Relovate in the United States of America. We make no representations that the Relovate Service is appropriate or available for use in other locations. Users who utilize our Relovate Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify and hold harmless Relovate, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Relovate Service or the Website, including, but not limited to, your user contributions, any use of the Relovate Service's content, services and products other than as expressly authorized in these Terms of Service.

Third Party Content and Services

The Relovate Service relies upon, in part, the products and services of other suppliers. Though we wish we could fully and completely control or even partially influence or perhaps even sway the strategies, practices and approaches of these providers, we cannot and to have you think otherwise is a touch of folly so we don't want you to think we can. We have, however, worked strenuously to select providers who are leaders in their areas, technologically adroit, customer service oriented and desirous of providing a great user experience through the provision of easily searched, received and bookable (aka buyable) travel products. But, we cannot be responsible for their terms, privacy approaches, data security, content, advertising or other related materials. Your security when using their products is your responsibility.

Booking Travel

Relovate is breaking new ground in aggregating multiple types of travel providers and travel services into one centralized online application. To facilitate this, we have partnered with what is called in the industry a Global Distribution System (GDS) provider, in our case, Amadeus (www.Amadeus.com). Amadeus enables us to search and retrieve content it has aggregated from thousands of lodging providers, rental car providers, airlines and other travel suppliers, not all of which we display at this time. This relationship enables us to provide direct booking into the reservation systems of these providers. Relovate users benefit from this approach in that services we sell using the Relovate Service enable us to provide assistance if you encounter any problems with the transaction, or with the reservation. This is different from booking through an online travel agency because in our case, the hotel or other provider has agreed it is responsible to help resolve any issue, whereas a hotel or other provider which has sold a room through an online travel agent will often refer any problem or issue you encounter back to the online seller.

Relovate has also acquired content from other providers. In some cases, we may not be able to assist in the resolution of a problem with a transaction. For example, services such as activities and events provided by our partner Viator, must be resolved directly by you with the travel partner. We will try to be helpful if we can. Additional terms, provided by the travel partner, apply to your transaction or other use of the booking feature powered by that partner, and you acknowledge and agree to be bound by those additional terms. Please carefully read the applicable terms when they are provided at the time of your booking confirmation. When you book travel services through Relovate you book, effectively, on a direct basis with the providers, which is to say that we have been authorized by the seller to provide the information about the seller's service on the terms and conditions expressed. We pass on certain information about you, such as name, address, contact information, travelers in your travel party, collected by our application, to those providers, in order to make your booking experience expedient and to complete the transaction. At this time, we do not collect or store your credit card information, which means you may be required to provide it to the individual seller (for example, the hotel) when you are booking travel products and services through our application. Please see our Privacy Policy for the strict restrictions we adhere to in regard to personal identity information.

Registered Seller of Travel

Relovate, Inc. is a registered seller of travel in California, Florida, and Washington under each state's seller of travel regulations.

  • California registration number: 2123282-70
  • Florida registration number: ST40175
  • Washington registration number: 603552637
  • Iowa registration is pending

Registration as a seller of travel in California does not constitute approval by the State of California.

Relovate Currency & Foreign Transactions

At this writing, all travel services will be charged in US dollars; check with your credit card provider for any applicable foreign transaction fees, exchange rates or other charges.

Relovate Service Changes & Modifications

Relovate is a work in progress. Thus, our Relovate Service may change, shift, and adjust which is a nice way of saying we may discontinue, or stop providing certain components of the service or we may make other changes. Changes may happen, just because we want to make them or for no other good reason. This can all happen without any notice provided to you, other than us changing it here. We can terminate our relationship with you-though we expect not to?and there is no recourse for you to pursue in this event. We are not liable to you or to any third party for any change, adjustment, restrictions or anything else we may do to the service.

Customer Service

Issues with our service are an unintentional disruption and we apologize in advance. We have customer service available by phone at 1 (866) RELOVATE from Monday through Friday, 8am until midnight, and on Saturdays from 9am until 7pm. Holiday hours vary based on the holiday, and our customer service email account, concierge@relovate.com, is monitored very closely.. Assisting you may require us to temporarily log in to Relovate under your username, with your permission, so we can precisely understand the issue and seek an expedient resolution. Our customer representatives don't know your account password, and you don't need to provide it in order for them to help you.

Privacy Policy

All information we collect through the Relovate Service is subject to our Privacy Policy. By using the Relovate Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services formed through the Relovate Service or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service. When you make purchases, you agree to adhere to the specific terms and conditions of purchase imposed by any supplier with whom you elect to transact. This includes, but is not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services.

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

Links from the Relovate Service

If the Relovate Service or the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Relovate Service or the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Termination

These Terms of Service will continue to apply to you until either you or Relovate terminates this Agreement. If you have created a Relovate account, you may terminate this Agreement at any time by sending a notice confirming such termination to Relovate by email at contact@relovate.com.

Relovate may suspend your access to the Relovate Service and/or terminate this Agreement at any time, with or without notice to you, (i) if you are in breach of any provision of these Terms of Service or if you make unauthorized use of the Relovate Service; (ii) if Relovate elects at its discretion to cease providing access to the Relovate Service in the jurisdiction whe re you reside or from where you are attempting to access the Relovate Service, or (iii) in other reasonable circumstances as determined by Relovate in its sole discretion. The provisions of these Terms of Service that are intended by their nature to survive the termination of the Agreement will survive the termination of the Agreement, including, but not limited to, those Sections entitled Your Responsibilities, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, [Payments] there currently is no such section, Privacy Policy, Integration and Severability, Governing Law, Arbitration, and Arbitration Agreement, respectively. If you or Relovate terminate this Agreement, or if Relovate suspends your access to the Relovate Service, you agree that Relovate shall have no liability or responsibility to you and Relovate will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law, except as otherwise provided under these Terms of Service.

Integration and Severability

These Terms of Service, together with the Relovate Privacy Policy (which is hereby incorporated by this reference) and the Mobile Terms, constitute the entire agreement between you and Relovate with respect to your use of the Relovate Service, and supersede any prior agreement between you and Relovate. Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will therefore remain in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) of the Agreement in the future. Relovate reserves any rights not expressly granted herein.

Governing Law

This Agreement, and all legal issues arising from or related to the Relovate Service, shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to any choice or conflict of law provisions (whether of the State of New Jersey or any other jurisdiction).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE RELOVATE SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Arbitration

All disputes between you and Relovate will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. What this means is you cannot go to court. You are actually giving up your right to go to court to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Arbitration is a simpler, more limited and less expensive approach to resolving disputes of law; you are entitled to a fair hearing, but Arbitrator decisions are enforceable like any court order and are subject to very limited review by courts or judges.

Arbitration Agreement

What you are agreeing to should we have a problem we cannot resolve in some acceptable way is that you and Relovate will resolve any dispute, claim or controversy arising out of or relating in any way to the Relovate Service, our Website or user interfaces, or these Terms of Service by binding arbitration or small claims court instead of in courts of general jurisdiction. You and Relovate agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

You agree that, by entering into this Agreement, you and Relovate are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Relovate Service.

If you elect to seek arbitration, you must first send to Relovate, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Relovate should be addressed to: Relovate, Attn: Legal, 200 Valley Road, Suite 108, Mount Arlington, NJ 07856 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Relovate and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Relovate may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Relovate or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Relovate is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

After Relovate receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Relovate will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Relovate and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Relovate will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds in favor of Relovate as to the substance of your claim or the relief sought, you will reimburse Relovate for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse Relovate for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND RELOVATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Relovate agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Relovate makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision, and agree to promptly cease using the Relovate Service.

Mobile Terms

If you use Relovate's mobile apps to access the Relovate Service (the "Mobile Service"), you accept and agree to be bound by the terms in this section, in addition to the rest of these Terms of Service. Your continued use of the Mobile Service is conditioned upon your compliance with these Mobile Terms.

By using the Mobile Service, you understand and agree that Relovate has no obligation to maintain, support, upgrade, or update the Mobile Service, or to provide all or any specific content through the Mobile Service. You further understand and agree that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to our mobile app, consistent with our Privacy Policy.

Your Comments and Concerns

Relovate, Inc., located at 200 Valley Road, Suite 108, Mount Arlington, New Jersey 07856, operates the Website (www.relovate.com). All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@relovate.com. You may also use the ?Give Feedback? function, which is provided, on the left side of the application.