RexCare LLC dba RexCare Wellness

General Terms

These Terms of Service and Supplemental Terms and Conditions for the Services (“Agreement” or "Terms of Service") set forth the terms and conditions that apply to your access and use of the RexCare.com website and mobile application (the “App”) as owned and operated by RexCare LLC. (“RexCare Wellness”), collectively the "Services."

The Services are intended ONLY for users in the United States, and their use is governed by US law.

As used in this Agreement, the term "Sites" includes all RexCare.com pages that are associated or within each website and all devices, applications, or services that RexCare Wellness operates or offers that link to this Agreement.

By accepting electronically (clicking “I Agree”), installing, accessing, or using the Services, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below). If you don't agree to this Agreement, then you may not use the Services.

By agreeing to this Agreement, you also agree to RexCare Account’s Terms of Use and acknowledge that you have read the RexCare Account Security And Privacy Policy.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK CERTAIN, LIMITED RELIEF ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Accepting The Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by RexCare Wellness, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you’re simply browsing the RexCare.com website), or a “Member” (meaning you’ve registered for the Services).

The term “you” or “User” refers to a Visitor, or Member. The term “we” refers to RexCare Wellness. If you wish to become a Member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use the Services, and you may not accept this Agreement, if you’re not at least 18 years of age and, in any event, of a legal age to form a binding contract with RexCare Wellness.

If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you’re acting on behalf of a company or entity, that you have the authority to bind such an entity.

Privacy And Your Personal Information

We will process your personal information as described in the RexCare Wellness Privacy Policy.

Description Of The Services

The Services are employer and employee EAP wellness services that allow you to work outside of traditional licensed and regulated insurance. The Services are intended only to assist you in your personal or organizations wellness and decision-making and are broad in scope. Your individual personal health situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation.

For a subscription fee of between $15 and $60 per month (plus any applicable taxes), you may access RexCare Wellness Premium Services. You may choose the price you pay for RexCare Wellness Services, for certain functionality or availability of services RexCare Wellness will provide such services as describe including updates, AI or Real person chat, and subscription cancellation concierge.

If you are in a state and/or municipality that charges an additional tax, the required amount of tax will be added to the price that you chose. Appropriate taxes will be added where applicable, including for example only, to the following RexCare Wellness Services:

• RexCare Wellness 3-4-ME
• RexCare Wellness CARE-4-4
• RexCare Wellness Card

We identify your location from information provided for the purpose of charging the appropriate tax amount and remitting the same to the taxing authority. If your location has not been accurately identified, please reach out to support@rexcare.com to update your location.

Account Information From Third Party Sites

Users may direct RexCare Wellness to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts, or engage in financial transactions (“Account Information”). RexCare Wellness works with one or more online service providers to access this Account Information. RexCare Wellness makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy, legality, or noninfringement. RexCare Wellness isn’t responsible for the products and services offered by, or on, third-party sites.

RexCare Wellness cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. RexCare Wellness does not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any User data, communications, or personalization settings.

For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

RexCare Wellness Offers And Third-Party Links

Some parts of the Services are supported by sponsored links from advertisers and display RexCare Wellness Offers that may be custom matched to you, based on information stored in the Services, queries made through the Services, or other information. We will always disclose when a particular RexCare Wellness Offer is sponsored. This compensation may impact how and where products appear on this site (including, for example, the order in which they appear). The site does not review or include all companies or all available products.

In connection with RexCare Wellness Offers, the Services will provide links to other websites belonging to RexCare Wellness advertisers and other third parties. RexCare Wellness doesn’t endorse, warrant, or guarantee the products or services available through the RexCare Wellness Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. RexCare Wellness isn’t an agent or broker or otherwise responsible for the activities or policies of those websites. These offers are for informational purposes only.

RexCare Wellness doesn’t guarantee the Services, plans, or other service terms, rates, or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer.

If you elect to use or purchase services from third parties, you’re subject to their terms and conditions and privacy policy.

Your Registration Information

In order to allow you to use the Services, you’ll need to sign up for an account with RexCare Wellness. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address but NOT your Social Security number, but may and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third-party databases or through other sources. If you don’t provide this information, or RexCare Wellness cannot verify your identity, we can refuse to allow you to use the Services.

You agree and understand that you’re responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address.

It’s your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in an e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information or Account Information for the Services, you agree to notify RexCare Wellness immediately at the email address - hello@rexcare.com.

If you believe that your Registration Information or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you must notify RexCare Wellness immediately.

The following is RexCare Wellness's contact information:

Email: hello@rexcare.com
Address: 110 San Antonio Street, Unit 913, Austin TX 78701

Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and isn’t transferable by you to any other person or entity. You’re only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable RexCare Wellness to provide the Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at other websites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information and Account Information.

In order for the Services to function effectively, you must also keep your Registration Information and Account Information up to date and accurate. If you don’t do this, the accuracy and effectiveness of the Services will be affected. You represent that you’re a legal owner of, and that you’re authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that RexCare Wellness, in its sole discretion, may elect to take. In no event will RexCare Wellness be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for RexCare Wellness to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.

From time to time, RexCare Wellness may include new and/or updated pre-release features and trial-use “Sneak Preview” features in Services for your use, which permit you to provide feedback. Some features may leverage or test artificial intelligence tools to improve or provide the services. You understand and agree that your use of Sneak Preview features is voluntary and RexCare Wellness is not obligated to provide you with any Sneak Preview features.

Furthermore, if you decide to use the Sneak Preview features, you agree to abide by any rules or restrictions RexCare Wellness may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature.

Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis, and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.

Not An Insurance Agent, Broker Or Licensed Medical Advisor

NEITHER REXCARE WELLNESS NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, REGULATED, MEDICAL OR INSURANCE ADVICE. REXCARE WELLNESS ISN’T A LICENSED INSURANCE PRODUCTS or SERVICES, BROKER OR AGENT.

The Services are intended only to assist you in your organization's options, decision-making is yours alone and services are broad in scope. Your personal and business situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any wellness strategy, you should consider obtaining additional information and advice from your doctor or other accredited advisers who are fully aware of your individual circumstances.

Use With Your Mobile Device

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you’re solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

REXCARE WELLNESS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Online And Mobile Alerts

RexCare Wellness may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. RexCare Wellness may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. RexCare Wellness may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. RexCare Wellness shall not be liable for any a. delays, failure to deliver, or misdirected delivery of any alert; b. errors in the content of an alert; or c. actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you’ve provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you’re responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts aren’t encrypted, we’ll never include your passcode. However, alerts may include your LoginID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your bank or credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant To Us

By submitting information, data, passwords, usernames, PINs, credentials, other log-in information, materials, and other content to RexCare Wellness through the Services, you’re expressly directing us to use that content, and licensing that content to RexCare Wellness for the purpose of providing the Services. RexCare Wellness may use and store the content in accordance with this Agreement and our Privacy Statement.

You represent that you're entitled and authorized to disclose and submit that content to RexCare Wellness for use for this purpose, without any obligation by RexCare Wellness to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize RexCare Wellness to access your Account Information maintained by identified third parties, on your behalf as your agent. Under no circumstance will RexCare Wellness gain access to your personal medical information protected under your HIPPA rights and RexCare Wellness has no access to such information.

When you use the “Add Accounts” feature of the Services, you’ll be directly connected to the website for the third party you’ve identified. RexCare Wellness will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit RexCare Wellness to use and store information submitted by you to accomplish the foregoing, and to configure the Services so that it’s compatible with the third-party sites for which you submit your information.

For purposes of this Agreement, and solely to provide the Account Information to you as part of the Service, you grant RexCare Wellness a limited power of attorney, and appoint RexCare Wellness or RexCare Wellness Bills as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do so, and perform each thing necessary in connection with such activities, as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN REXCARE WELLNESS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, REXCARE WELLNESS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.

You understand and agree that the Services aren’t sponsored or endorsed by any third parties accessible through the Services. RexCare Wellness isn’t responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

RexCare Wellness Subscription Cancellation

By requesting a Subscription Cancellation, you authorize RexCare Wellness to contact your service provider as your limited agent in order to cancel, on your behalf, your subscription/service with the specified provider. RexCare Wellness will provide account verification details including, but not limited to, your full name, service address, account number, payment verification, security code, or other security credentials to validate the account with the service provider in order to proceed with the cancellation. If it is necessary for our agents to represent to your service provider that they are the account holder, you consent to such representation solely in order to perform the Subscription Cancellation.

Intellectual Property Rights

The contents of Sites and the Services, including their “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws.

The contents of the Services belong or are licensed to RexCare Wellness or RexCare Wellness Bills, or its software or content suppliers. Third-party trademarks, service marks, graphics, and logos used in connection with the Services are the intellectual property of their respective owners and are used for identification purposes only. Use of these names, trademarks, and logos does not imply a relationship with RexCare Wellness.

RexCare Wellness grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services, in whole or in part for any other purpose, is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.

Access and Interference

You agree that you’ll not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without RexCare Wellness's express written consent, which may be withheld in RexCare Wellness's sole discretion.
• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Services.
• Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Services.

Social Media Sites

RexCare Wellness may provide experiences on social media platforms that enable online sharing and collaboration among Users who’ve registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. REXCARE WELLNESS, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER REXCARE WELLNESS NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER REXCARE WELLNESS NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE SECTIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations On RexCare Wellness's Liability

REXCARE WELLNESS SHALL, IN NO EVENT, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF REXCARE WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, REXCARE WELLNESS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification Of RexCare Wellness

You shall defend, indemnify and hold harmless RexCare Wellness and its officers, directors, shareholders, and employees from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise that arise out of or relate including, but not limited to, attorneys fees, in whole or in part, arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending Your Relationship With RexCare Wellness

This Agreement will continue to apply until terminated by either you or RexCare Wellness as set out below. If you want to terminate your legal agreement with RexCare Wellness, you may do so as follows:

To close your account for the Services, please use the directions below:

1. Login to your RexCare.com account.
2. Go to “Your Account.”
3. Locate the “cancel RexCare Wellness account” option under “More Options.”
4. Type in “cancel” where prompted.
5. Enter the password for your RexCare.com account.
6. Press “Yes.”

Your account will be closed and your ability to log in deactivated immediately. Your RexCareWellness.com account data will be removed within 48 hours, subject to and as explained in our Privacy Statement and as defined in the Product Agreement.

RexCare Wellness may, at any time, suspend your account and/or terminate its legal agreement with you and your access to the Services for any reason, and at any time, with or without notice. Some but not all of the reasons that we may terminate your services include:

• If you’ve breached any provision of this Agreement (or have acted in a manner which clearly shows that you don’t intend to, or are unable to comply with, the provisions of this Agreement).
• If RexCare Wellness, in its sole discretion, believes it’s required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

You acknowledge and agree that RexCare Wellness may immediately suspend, deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that RexCare Wellness shall not be liable to you or any third party for any suspension or termination of your access to the Services.

Modifications

RexCare Wellness reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. RexCare Wellness reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In certain circumstances, if you’re a paying User of the Services, RexCare Wellness will provide notice to you. If you don’t agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that RexCare Wellness shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

RexCare Wellness may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or the App or by posting the information on the Sites). The Agreement will always indicate the date it was last revised. You’re deemed to accept, and agree to be bound by, any changes to the Agreement when you use the Services after those changes are posted.

Governing Law, Forum For Disputes, And Arbitration Agreement

Texas state law governs this Agreement without regard to its conflicts of laws provisions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR ANY OTHER SERVICES OFFERED IN THE FUTURE WITHIN THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that RexCare Wellness or you may pursue matters in small claims court if the claims qualify.

Mandatory Pre-Arbitration Notice: You must notify us in writing within two (2) years of any dispute arising under this Agreement. Notice shall be sent to RexCare LLC., 110 San Antonio Street, Unit 913, Austin TX 78701, or may be submitted via email to legal@rexcare.com, or you will waive your right to bring these claims in arbitration or small claims court. The notice you submit must be on your behalf only and must bear your signature, not the signature of your attorney. The notice cannot be co-signed by another party or otherwise combined with the notice of another party. The notice must describe with sufficient details to allow RexCare Wellness to investigate and evaluate: (a) your relationship with RexCare Wellness; (b) the facts supporting your allegations; and (c) the claims or dispute that you are asserting. You must allow sixty (60) days from receipt of notice for you and RexCare Wellness to try and resolve the dispute before you may proceed in filing an arbitration matter or in small claims court. While you and RexCare Wellness attempt to resolve the dispute, your claims shall be tolled for this sixty-day period, and tolling will end when the parties either agree to a resolution or fail to reach an agreement by the sixtieth day, whichever date is later.

Coordinated Claims: If more than thirty (30) customers give notice of claims that are substantially similar and counsel for the customers are the same or coordinated, or reasonably expected to be coordinated given the similar nature of the claims, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for RexCare Wellness and counsel for claimants shall each select fifteen (15) claims to proceed in arbitration in a bellwether proceeding before the same arbitrator(s) to promote efficiency and cost savings for the parties. The remaining claims shall not be filed in arbitration and shall be tolled from the date notice is given until the arbitration is terminated, the parties settle, the bellwether claimants opt out of arbitration, the claimants opt out of mediation, or you opt-out of the coordinated proceedings, whichever event is earliest. If following the bellwether arbitration any claims still remain and have not been withdrawn or otherwise resolved, the results of the bellwether proceedings shall be given to a mediator who the parties jointly select. The mediator shall conduct a global mediation so that the parties may attempt to resolve all remaining claims. If the global mediation is unsuccessful, the parties shall each select another thirty (30) claims to proceed in a second bellwether proceeding, and (if necessary) subsequent mediation (subject to any modifications jointly agreed upon by the parties in writing). If the parties fail to reach a global settlement, claimants may proceed to individual arbitration. If the parties reach a global settlement, claimants may choose to opt out of this settlement and proceed to individual arbitration or assert claims in small claims court, if eligible.

If RexCare Wellness makes a settlement offer to you as part of a global mediation, before you may proceed to individual arbitration, you (directly or through your counsel) shall certify in a writing bearing your signature that you personally received and were made aware of the offer and any counterclaims including for fees and costs that RexCare Wellness may bring should you proceed to arbitration, and had the opportunity to review and discuss the offer and the risk of counterclaims with counsel before rejecting the offer.

Unless a party demonstrates that it is reasonably unable to pay, an arbitrator shall award the reasonable arbitration costs, fees and attorney’s fees to the opposing party upon a finding of any of the following: (a) the claims brought were frivolous, lacking sufficient pre-notice investigation, lacking evidentiary support, or brought in bad faith; (b) a prevailing party rejected a settlement offer or refund prior to the conclusion of arbitration proceedings that had a value greater than the value of the recovery awarded in the arbitration; or (c) a claimant brings an arbitration with substantially similar claims as brought in a prior arbitration that previously failed and/or were rejected, the claimant (including the claimant’s attorney(s)) knew or reasonably should have known that the claims were previously unsuccessful against the Company, and the claimant did not raise unique legal or factual allegations that were warranted and nonfrivolous.

The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Michigan law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may, at any time, seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Class Action Waiver: WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION: YOU AGREE THAT YOU AND REXCARE WELLNESS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY; YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS; AND YOU AGREE THAT YOU’VE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

Arbitration Rules and Fees: Unless agreed to separately by you and us, any Arbitration will be conducted by the American Arbitration Association (AAA) or JAMS as the parties may agree, before a single AAA or JAMS arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you’re unable to pay any of them, we’ll pay them for you, subject to the rights to recover fees and costs outlined above.

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. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.

Opt Out Procedure: OPT OUT FOR USERS OF OUR SERVICES BEFORE DECEMBER 21, 2023. If you used our services prior to December 21st, 2023: You have the right to opt-out of this version of the Arbitration Clause and it will not affect any other terms and conditions of this Agreement or your relationship with us. If you choose to opt-out you will remain subject to the prior dispute resolution and arbitration terms available Herefor the duration of your current agreement with us. TO OPT OUT, YOU MUST, WITHIN 30 DAYS OF MARCH 29th, 2024, SEND AN EMAIL TO US AT NOTICE@REXCARE.COM FROM THE EMAIL ASSOCIATED WITH YOUR REXCARE WELLNESS ACCOUNT WITH "I opt-out of the updates to the arbitration terms." An election to opt out applies only to Claims arising under this Agreement or, if this Agreement is not specifically identified in your notice, then to any services you requested within the 30-day period before we received your notice. The Arbitration Clause will apply to any Claims between us relating to any account(s) or services for which we do not receive an opt-out notice as described in this paragraph. If you opt out of the updates to these arbitration provisions, the prior arbitration provisions will remain in effect between us.

Severability of Arbitration Terms: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the “Class Action Waiver” subsection above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions in the “Class Action Waiver” subsection are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void.

Allegations Of Copyright And Trademark Infringements; Notification

RexCare Wellness respects the intellectual property rights of others, and RexCare Wellness asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that’s claimed to be infringing or to be the subject of infringing activity, and that’s to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of isn’t authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed.

The information specified above must be sent to RexCare Wellness's Designated Agent, at the following address:

RexCare LLC
110 San Antonio Street, Unit 913, Austin TX 78701
Email: hello@rexcare.com

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please don’t make false claims. Any information or correspondence that you provide to RexCare Wellness may be shared with third parties, including the person who provided RexCare Wellness with the allegedly infringing material.

Upon receipt of a bona fide infringement notification by the Designated Agent, it’s RexCare Wellness's policy to remove or disable access to the infringing material, notify the user that it’s been removed or has disabled access to the material and, for repeat offenders, to terminate such User's access to the Services.

If you believe that your content shouldn’t have been removed for alleged copyright infringement, you may send RexCare Wellness's Designated Agent a written counter-notice with the following information:

• Identification of the copyrighted work that was removed, and the location on the Site where it would’ve been found prior to its removal
• A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification
• Your physical or electronic signature and your contact information (address, telephone number and, if available, email address)

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, at our discretion.

Supplemental Terms And Conditions For The Services

These Supplemental Terms and Conditions apply for the Services and shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.

Apple Requirements

If you downloaded the App, any of the Services or product from the Mac App Store, the following terms also apply to you:

1. Acknowledgement: You acknowledge that this Agreement is between you and RexCare Wellness only, and not with Apple, and RexCare Wellness, not Apple, is solely responsible for the Software and the content thereof.
2. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control, and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
3. Maintenance and Support: RexCare Wellness and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
4. Warranty: RexCare Wellness is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and they’ll refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RexCare Wellness's sole responsibility.
5. Product Claims: RexCare Wellness, not Apple, is responsible for addressing any user or third-party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims, (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim, that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, RexCare Wellness, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that’s subject to a U.S. Government embargo, or that’s been designated by the U.S. Government as a terrorist-supporting country, and (ii) you’re not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Contact Info: Direct any questions, complaints or claims to: RexCare LLC, 110 San Antonio Street, Unit 913, Austin TX 78701 or email us at hello@rexcare.com.
9. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Software.
10. Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.