TAO-Wellness Terms Of Service
Date of Last Update: January 15, 2016

TAO-Wellness (“TAO,” “us,” “we”) designs products and devices that enable every day, mobile fitness. These Terms of Service (“Terms”) govern your use of the “TAO Devices” and the “TAO Service”. The TAO Devices include our mobile electronic exercise device and any other TAO hardware devices. The TAO Service includes: (1) any firmware, software and updates that we install, embed, or provide for installation, access, or use of your TAO Devices; (2) any web or mobile sites, including tao-wellness.com, that we provide for installation, access, or use of your TAO Devices; (3) the TAO mobile application that you can use to install, access, or use your TAO Devices; and (4) any TAO memberships and other TAO services.

IF YOU ACCESS OR USE ANY OF THE TAO DEVICES OR THE TAO SERVICE, YOU ACCEPT THESE TERMS AND BECOME BOUND BY A LEGAL CONTRACT BETWEEN YOU AND TAO BASED ON THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL ACCESS OR USE OF THE TAO DEVICES AND THE TAO SERVICE. YOUR CONTINUED USE OR ACCESS OF ANY PART OF THE TAO DEVICES OR SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

1. Changes to The Terms
TAO reserves the right to change, modify, add or remove portions of these Terms at any time and in our sole discretion. If we make such changes to the Terms, we will post the modified Terms on tao-wellness.com or within the TAO Service. We will notify you by email, through the TAO Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. Changes are effective when posted, unless we state otherwise. Your continued use or access of the TAO Devices and/or TAO Service constitutes your acceptance of the revised Terms. It is your responsibility to periodically review these Terms for updates and to ensure that you fully understand the terms and conditions that apply to your access and use of the TAO Devices and TAO Service. If you do not agree with any part of these revised Terms, you must immediately cease any and all access or use of the TAO Devices and TAO Service.
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by TAO and its partners. It is your responsibility to carefully review and understand those terms and conditions.

2. Our Privacy Policy
The TAO Privacy Policy, which can be accessed at http://tao-wellness.com/privacypolicy governs how we collect and use your personal information. You understand and acknowledge that through your access and use of the TAO Devices and TAO Service, you agree to the collection, use and sharing of this information as described in our Privacy Policy. If you do not agree with any part of our Privacy Policy, you must cease any and all access or use of the TAO Devices and TAO Service immediately.

3. The TAO Service
TAO provides the TAO Devices and TAO Service on an “as is” and “as available” basis. TAO reserves the right to improve and change the TAO Devices and TAO Service and any element thereof at any time, at our sole discretion.

TAO and its licensors reserve the right to permanently or temporarily change, suspend, remove or disable access to, any content, features or other materials comprising a part of the TAO Devices or TAO Service at any time without notice and for any reason. In no event will TAO be liable for the change, suspension, removal of or disabling of access to any such content, features or materials. TAO may also impose limits on the use of or access to certain features, or portions of features, of the TAO Devices or TAO Service, at any time without notice and for any reason. In no event will TAO be liable for such limits imposed on any use of or access to certain features or portions of features.

To use the TAO Devices and TAO Service, you must be at least 12 years of age. You may not use the TAO Service unless you lawfully own a TAO Device and you may only use TAO Devices that you own or otherwise have been given permission to use whenever you use the TAO Service. You may connect to the TAO Service using only a TAO Device that is manufactured, distributed, or sold by or on behalf of TAO; the TAO web or mobile sites; the TAO mobile applications; and any approved third-party applications. You may not connect to the TAO Service with any device that is not manufactured, distributed, or sold by or on behalf of TAO or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the TAO Service.

4. Creating an Account
In order to use the TAO Devices and TAO Service, you will be required to create a use account (“Account”) and select a password and/or provide us with certain personal information, which may include your name, birth date, gender, email address and other aspects of your physical activity and conditions (“Your Content” or “Your Personal Information”). Providing us with your personal information is your choice, and it is your responsibility to provide us with accurate information about yourself, and to maintain and update your information in order to keep it accurate and current. It is also your responsibility to maintain the security of your Account. You are solely responsible for all activity that occurs in association with your account, whether or not authorized by you. TAO is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials, and TAO is not liable for any illegal or improper use by someone to whom you have given permission to use your Account or whom you have negligently allowed to access your Account.

We may need to occasionally contact you about your use of the TAO Service. These communications are part of the TAO Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and you can keep your email address up-to-date by going to your account settings.

5. System Requirements and Updates
Full use of the TAO Service is dependent upon your use of a separate third party computer or mobile device with adequate software, Bluetooth capabilities and Internet connectivity or access. The maintenance and security of this equipment may influence the performance of the TAO Service or your ability to use the TAO Service. All system requirements are your responsibility. It is your responsibility to ensure the equipment’s functionality. The software products made available through the TAO Service are licensed, not sold, to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TAO Devices without prior notice to you. TAO may cause any updates to the TAO Service to be downloaded onto your TAO Devices, computer or mobile device, and may also cause the most recent versions of the TAO Service to be downloaded onto your TAO Devices, computer or mobile device anytime you are connected to the TAO Service. By connecting to the TAO Service, you are agreeing to these automatic updates.

6. Alerts And Notifications
As part of your use of the TAO Devices and TAO Service, you may receive notifications, text messages, alerts, or emails. Some of these notifications, text messages, alerts, or emails are necessary for the operation of the TAO Devices and Services, and you agree to the receipt of these communications. Some of these notifications, text messages, alerts, or emails may be non-service related, and you can control receipt of such non-service related communications by going to your account settings. You are solely responsible for any messaging or data fees you may be charged by your wireless carrier for all communications between you and TAO.

7. License Terms
Your use of the software products made available through the TAO Devices and TAO Service are subject to these Terms and any additional software license terms that may apply. So long as you abide by these Terms, TAO grants you a non-exclusive, limited, revocable, personal, non-sublicenseable and non-assignable right to access and use the software products made available on the TAO Devices and through the TAO Service, solely for your personal fitness purposes. You may not decompile, disassemble, reverse engineer, display, copy, modify, adapt, make derivative works of, reduce to human perceivable format, reproduce, republish, transmit, transfer, broadcast, license, rent, loan, distribute, exploit or sell any part of the TAO Devices or TAO Service, in any manner, without TAO’s express prior written permission.

No licenses or rights are granted to you by implication or otherwise with regard to the TAO Devices or TAO Service, except for the licenses and rights expressly granted in these Terms.

8. Intellectual Property
The TAO Devices and TAO Service contain proprietary information and material (“TAO Intellectual Property”) that is owned by TAO and/or its licensors, including, but not limited to, any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to you through or on the TAO Devices or the TAO Service. TAO Intellectual Property is owned by TAO and/or its licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright, trademark, patent and trade secret laws. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights.

TAO and its licensors reserve title, ownership and all rights and interests in the TAO Intellectual Property, TAO Devices and TAO Service, except as expressly licensed in these Terms. You may not use the TAO Intellectual Property, TAO Devices or TAO Service or any information and materials contained therein in any way whatsoever, except for use in compliance with these Terms. You agree not to decompile, disassemble, reverse engineer, display, copy, modify, adapt, make derivative works of, reduce to human perceivable format, reproduce, republish, transmit, transfer, license, rent, loan, distribute, or sell any part of the TAO Intellectual Property, TAO Devices or TAO Service, in any manner. You agree not to exploit the TAO Intellectual Property, TAO Devices or TAO Service in any unauthorized way whatsoever. THE USE OF THE TAO INTELLECTUAL PROPERTY, TAO DEVICES AND TAO SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGED THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND OF TAO AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

All TAO logos and trademarks used in connection with the TAO Devices and TAO Service are trademarks or registered trademarks of TAO in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the TAO Devices and TAO Service may be the trademarks of their respective owners. TAO does not grant you any right or license with respect to any trademarks.

9. Your User Content
When you register for, access, or use the TAO Devices and TAO Service, you provide certain information about yourself such as your name, age, email address, weight, and other aspects of your physical activity and conditions (“Your Content”) to TAO, to be processed and stored by TAO and its affiliated and unaffiliated service providers. Your Content will be processed and stored by TAO subject to the terms of the TAO Privacy Policy, found at http://tao-wellness.com/privacypolicy, and by its affiliated and unaffiliated service providers subject to their respective privacy policies. If you do not wish to have your data processed in accordance with TAO’s policies and notices, then you must cease all access and use of the TAO Devices and TAO Service. You retain all rights to Your Content that you post to the TAO Service or via the TAO Devices. By making Your Content available on or through the TAO Devices or TAO Service, you grant to TAO a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the TAO Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on or through the TAO Devices and TAO Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

10. Security
You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the TAO Service or is used to monitor or enforce these Terms. TAO may implement security systems that contain measures designed to prevent unauthorized copying of software used with, accessed through or obtained via the TAO Devices and TAO Service. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

11. Our Enforcement Rights
We are not obligated to monitor access or use of the TAO Devices, TAO Service, or Your Content or to review or edit any information or materials found on or through the TAO Devices, TAO Service, or Your Content, but we have the right to do so for the purpose of operating the TAO Devices and TAO Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we reserve the right to cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the TAO Devices, the TAO Service, or Your Content at any time and without notice, and at our sole discretion, if we determine that the any or all of it is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the TAO Devices or TAO Service.

12. Consult a Doctor Before Using TAO Devices or the TAO Service
The TAO Devices and TAO Service are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you have a medical or heart condition, consult your doctor before using the TAO Devices or the TAO Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the TAO Devices and TAO Service and consult with a medical professional immediately. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the TAO Service, or for any exercises you partake in using the TAO Devices. If you engage in any exercise program you receive or learn about through the TAO Service or using the TAO Devices, you agree that you do so at your own risk and are voluntarily participating in these activities.

13. Additional Policies Apply To Product Orders
Please see Warranty information at http://tao-wellness.com/Warranty

14. Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us using the TAO Devices or the TAO Service, you agree that we can use these comments, ideas and/or feedback without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by TAO, or obtained from sources other than you.

15. Third Party Services
Certain content and services available through the TAO Service may include materials from third parties, including but not limited to, links to third-party websites, apps, services, content and resources (collectively “Third-Party Services”). TAO is not responsible for examining or evaluating the content or accuracy of Third-Party Services. TAO does not warrant or endorse these Third-Party Services. TAO does not assume, and will have no liability or responsibility for any Third-Party Services, and these Third-Party Services are provided only as a convenience to you. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services. You also agree that you will not use any Third-Party Services in a manner that would infringe or violate the rights of any other party in any way, and that TAO has no liability or responsibility for your use of any Third-Party Services. You agree to defend, indemnify and hold harmless TAO and its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any Third-Party Services.

The TAO Service may provide the opportunity for you to link Your Content with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the TAO Devices or TAO Service are not part of the TAO Service. You acknowledge that these Terms and the TAO Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

16. Termination
If you violate these Terms, we reserve the right to deactivate your Account, suspend or terminate these Terms, or suspend or terminate your access and use of the TAO Service, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your Account. You may cancel your Account at any time by contacting CustomerService@TAO-Wellness.com

17. Disclaimers
THE TAO SERVICE AND TAO DEVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the TAO Service or TAO Devices will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TAO does not represent or guarantee that the TAO Devices or TAO Service will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and TAO disclaims any liability relating thereto. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the TAO Service or any TAO Devices. You acknowledge and agree that if you rely on any TAO Devices or the TAO Service, you do so solely at your own risk.

Our goal is to provide a mobile exercise resource via the TAO Devices, and to provide helpful and accurate information on the TAO Service, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations. The accuracy of the data collected and presented using the TAO Devices and through the TAO Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the TAO Service. Health, exercise, and other physical statistical data you receive on or through the TAO Devices or TAO Service may be unavailable, inaccurate or incomplete. You acknowledge and agree that if you rely on any TAO Devices or the TAO Service, you do so solely at your own risk.

18. Indemnity
You will indemnify and hold harmless TAO, its affiliates, and all of TAO’s and its affiliates’ officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the TAO Devices or TAO Service, (ii) Your Content, or (iii) your breach or violation of any provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. Limitation Of Liability
NEITHER TAO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TAO DEVICES OR TAO SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TAO DEVICES OR TAO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL TAO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TAO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO TAO FOR PURCHASE OR USE OF THE TAO DEVICES OR TAO SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TAO, AS APPLICABLE.

20. Dispute Resolution
You agree that any dispute between you and TAO arising out of or relating to these Terms of Service, the TAO Devices, the TAO Service, or any other TAO products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Nevada without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against TAO, you agree to try to resolve the Dispute informally by contacting CustomerService@TAO-Wellness.com

ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (“CLAIM”), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO THE CUSTOMER, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR AUTHORIZED RE-SELLERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT 316 CALIFORNIA AVE, RENO, NEVADA 89509 AND TO NEGOTIATE WITH US IN GOOD FAITH REGARDING THE YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN THE YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA.

ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATION. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT: (A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND (B) FOR CLAIMS BETWEEN $25 AND $500, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES. YOU AND WE EACH AGREE TO PAY OUR OWN RESPECTIVE FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTION OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, THE CUSTOMER AND ———- MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETER- MINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

We Both Agree To Arbitrate: You and TAO agree to resolve any Disputes through final and binding arbitration, except as set forth in the Opt-Out Provision below.

Opt-Out Provision: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY TAO IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY E-MAILING CustomerService@TAO-Wellness.com. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH TAO, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association (“AAA”) rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

The arbitration will be conducted by the AAA under its rules if you are a resident of the United States; if your use of the TAO Devices or TAO Service has been principally for personal or household use, the AAA’s procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA in Reno, Nevada under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in Reno, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the AAA roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications.

The AAA rules are available at www.adr.org.
No Class Actions: You may only resolve Disputes with TAO on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and TAO agree that any judicial proceeding will be brought in the federal or state courts of Reno, Nevada. Both you and TAO consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the TAO Devices or TAO Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

21. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between TAO and you regarding the TAO Devices and TAO Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TAO and you regarding the TAO Devices and TAO Service. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without TAO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TAO may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by TAO under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the TAO Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

TAO’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TAO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

22. Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us
CustomerService@TAO-Wellness.com

TAO-Wellness
316 California Ave, Suite 318
Reno, NV 89509