These Terms of Service are effective as of (7/3/2024). These Terms of Service are last updated as of (7/3/2024) (“Last Updated Date”).

TERM INITIAL PROVISIONS

1. Terms of Service. The Terms of Service (“Agreement”) is a legal agreement between you, the User (“you”, “your”, “User”, “End User”, “Client” or “Authorized User”) and Scofa, LLC, and our affiliates and subsidiaries (“Company”, “Scofa,” “us”, “we”, or “our”), the owner of the RelaxScofa mobile iOS, Android, and progressive web application for Relax.Scofa.com (“RelaxScofa” or “Services”). By registering for any service provided on RelaxScofa you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. RelaxScofa provides Services and Software via the Software to Users. By accessing, visiting, browsing, using or attempting to interact with or use any part of RelaxScofa, you agree that you have read, understand and agree to be bound by these Terms.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. SCOFA RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT SCOFA AND/OR COMPANY’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF RELAXSCOFA OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. UNDER THESE TERMS, YOU AND SCOFA ARE REQUIRED, AS DESCRIBED IN SECTION 34, BELOW, TO RESOLVE DISPUTES SOLELY ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, WHERE PERMITTED BY LAW. A JURY TRIAL, CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER FORM OF REPRESENTATION OR COURT ACTION IS NOT PERMITTED. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO (THIS URL: https://relaxscofa.com/terms-of-service/). IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT CLICK AGREE, PROCEED, REGISTER FOR ANY RELAXSCOFA SERVICE, OR USE THE SOFTWARE.

2. Limitations of Liability and Indemnification. By using any Services provided by Company, you agree that in no event will RelaxScofa or Company, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing RelaxScofa and using any of the Services available. This includes but is not limited to, losses such as lost profits, data loss, loss of goodwill, service interruption, computer damage, system failure, or the costs associated with obtaining substitute services. Your sole remedy for any breach or default of this Agreement by RelaxScofa or Company shall not exceed the greater of (a) the amounts you have paid to RelaxScofa for use of the Services; or (b) fifty U.S. Dollars ($50.00 U.S.D.). You indemnify and agree to defend and hold harmless RelaxScofa, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services and third-parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of RelaxScofa, including any breach by you of the Terms contained in this Agreement. On or through the Services, third-parties may provide information about, and links to, their products, activities, services, events, websites, or resources. RelaxScofa neither controls nor endorses any third-party content, nor do we make any representations or warranties about third-party content. You are solely responsible for accessing and using third-party content in accordance with applicable laws, and you assume all risks associated with it.

CLIENT AGREES THAT SCOFA AND/OR COMPANY ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SCOFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR SCOFA WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SCOFA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED FIFTY U.S. DOLLARS, OR THE FEES PAID BY CLIENT TO SCOFA FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY AROSE. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, the liability Scofa and/or Company, its Subsidiaries, Affiliates, Licensors, Licensees, Service Providers, Employees, Agents, Officers, and Directors will be limited to the greatest extent permitted by law.

3. Acceptance of Terms. If a User chooses to access, visit, browse, use or attempt to interact with or use any part of RelaxScofa, such action is hereby deemed acceptance of our practices described in these Terms. Any dispute over said Terms between a User and RelaxScofa is subject to the provisions of the Terms and to RelaxScofa’s Privacy Policy which is hereby incorporated herein. By using our Services, you are agreeing to these Terms and the accompanying Privacy Policy. Your continued use of RelaxScofa after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

DEFINITIONS

4. Definitions. Capitalized terms not defined in these Terms shall have the meaning set forth in our Privacy Policy or any other Agreement allowing User access to the Services and Software.

“Authorized User” shall mean any user of Software, each also as an End User. “RelaxScofa’s Marks” shall include the RELAXSCOFA word mark, as well as any other logos and/or design marks owned by the Company, whether registered or unregistered in the United States or worldwide.

“End User” or “User” shall mean any Authorized User or user of the Software, each also an Authorized User.

“Service” or “Services” shall mean Company’s Application and/or software subscribed, downloaded, or otherwise used by User.
“Software” means any software and related product documentation or data related to the Services and any update, revision, replacement or modification thereof provided by Company from time to time.

“User Content” means any information or data provided by User to Company via the Software or other means.

5. Privacy Policy. Personal and certain other information is subject to our Privacy Policy, which is incorporated here by reference. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. You agree that your use of RelaxScofa is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of RelaxScofa.

SERVICES AND USER CONTENT RIGHTS

6. Use. We grant you a limited, revocable, nonexclusive license to use this Software solely for your own non-commercial, personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, Software, products or Services obtained from or otherwise connected to RelaxScofa. RelaxScofa permits you to download and install any mobile application we distribute through Apple or Google App Store, or any other application download platform on a mobile device you own or control with a limited, revocable, nonexclusive license to use this Software. The use of RelaxScofa is at the discretion of Scofa, and we may terminate your use of RelaxScofa at any time. You agree to comply with all applicable laws regarding your use of RelaxScofa.

7. Restrictions on Use. In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt RelaxScofa, Service, or Software’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of software located on RelaxScofa or in the Software; or (c) using RelaxScofa in any way that violates local, state, federal, or international law.

8. Licenses You Grant to Company. When you provide RelaxScofa with your User Content, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license. This license allows us to utilize, store, publish, translate, replicate, adapt, duplicate, alter, and create derivative work from, display, perform, and distribute your content. Any name, username, or likeness you have included in your User Content may be included across all media formats and channels in the operation, marketing, and provision of the Services without compensation to you. To the extent permitted by applicable laws, you hereby waive any moral or special rights you may have. You understand that other users may see your User Content and any associated information when you post or otherwise share it on or through the Services. Our use of your User Content as permitted by these Terms does not violate any rights of any person or entity.

9. User Content Ownership. Content such as messages, images, text, or any other material posted by users through the Services remains the property of the user. RelaxScofa does not claim ownership, unless any content you post to social media platforms tags RelaxScofa accounts or uses a hashtag that incorporates the RelaxScofa trademark, trade name, or RelaxScofa’s Marks or derivatives and variations thereof. Any portion of the Services not included in your User Content is not considered User Content. Users are not restricted from using and exploiting their User Content under these Terms.

TERMS OF USE

10. Subscriptions. When you purchase a subscription to use RelaxScofa, the subscription will continue for the time period you select and will automatically renew until canceled (the “Recurring Subscription”). At the beginning of each subscription period, RelaxScofa will automatically charge your designated payment method for the then-current price of your Recurring Subscription, plus applicable taxes and fees. You are responsible for any uncollected amounts if your payment method cannot be charged.

11. Cancellation. You must cancel your Recurring Subscription at least twenty-four (24) hours before the Recurring Subscription expires to avoid being charged for the next period. If you need assistance with cancellation you may contact us at support@scofa.com. When you cancel, you won’t receive a refund for the fees you already paid, but you will retain access to RelaxScofa until it expires.

12. Promotions. In connection with a subscription, you may receive a promotional offer, such as a trial period or initial discount. Promotional Offers may come with additional terms that are described in the specific offer. All eligibility requirements stated in these Terms of Service must be met in order to enroll in a Promotional Offer. Promotional Offers are only available to new RelaxScofa subscribers or to those who have never enrolled in a Promotional Offer before. RelaxScofa reserves the right to modify or cancel a Promotional Offer at any time, at its discretion. Promotional Offers may only be claimed through Relax.scofa.com. In order to enroll in a Promotional Offer, you must provide a valid payment method. RelaxScofa, or its third-party affiliates (e.g., Apple App Store; Google Play Store), will automatically charge the then-current subscription price plus any applicable taxes to your designated payment method if you do not cancel your subscription at least twenty-four (24) hours before the end of the promotional period.

13. Payment. It is your responsibility to provide an accurate and up-to-date payment method accepted by us or the third-party affiliates. You authorize RelaxScofa to charge the then-current price plus any applicable taxes and fees to your designated payment method. Transactions are not binding on RelaxScofa until they are accepted and confirmed by the company. We may update your stored payment method based on information provided by our payment service providers. You authorize us to continue charging the applicable payment method(s). If your payment method provider charges you additional fees, you are responsible for them. Any concerns about transactions made through the Services must be raised with us first. You should not cancel or reverse charges through your payment method provider unless you have tried to resolve the matter directly with us or as required by applicable law. We reserve the right to verify your identity or request additional information before processing or canceling purchase requests, including if your payment method is declined. RelaxScofa is not responsible for transactions and storing of payment information through third-party affiliates, such as App Stores.

14. Refunds. You will not be entitled to a refund from RelaxScofa or a third-party affiliate or App Store unless otherwise required by law. The purchase of a subscription from Scofa is not dependent on the delivery of any current or future functionality, content, or features. RelaxScofa is not responsible for refunds requested through third-party App Stores.

15. Security. Any passwords used for this Software are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, RelaxScofa may require that you change your password. You are prohibited from using any Services or Software provided in connection with RelaxScofa to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RelaxScofa reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Scofa reserves the right to investigate suspected violations of these Terms. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RelaxScofa to disclose the identity of anyone believed to be violating these Terms. In case of any unauthorized use of your account or any other security breach, please contact us immediately by email at support@scofa.com.

16. No Unlawful Access. You agree that you will not use RelaxScofa in any manner that could in any way disable, overburden, damage, or impair RelaxScofa or otherwise interfere with any other party’s use and enjoyment of RelaxScofa. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of RelaxScofa. To use the Services, you must be at least 17 years old. We require your parent or guardian’s consent if you are under the legal age of majority where you live to use these services. A parent or guardian must review these terms. Your child’s activity on the Services is under your responsibility as a parent or legal guardian under these Terms.

17. Termination. We reserve the right, at our sole discretion, to terminate your access to the Services or your account if you violate these Terms. If you obtained your Relax Premium subscription through a third-party promotion and no longer meet its eligibility requirements, we may terminate your Relax Premium subscription. Your account or access to the Services may be suspended or terminated. Despite such termination, all provisions of these Terms that are designed to survive will continue to be in effect. This includes, but is not limited to, Intellectual Property rights, ownership rights, warranty disclaimers, limitations of liability, and dispute resolution terms.

INTELLECTUAL PROPERTY

18. Ownership. All content included on RelaxScofa is and shall continue to be the property of Scofa or its content suppliers, and is protected under applicable copyright, patent, trademark, trade secrets, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of RelaxScofa is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of RelaxScofa. You acknowledge and agree that the Services provided by RelaxScofa and any necessary Software, information, or product used in connection with the Services contains proprietary and confidential information that is the property of Scofa and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. Our Services are safeguarded by intellectual property rights and other applicable laws in the U.S. and internationally. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Scofa or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on RelaxScofa, Service, or Software, in whole or in part.

19. Intellectual Property. Scofa and/or Company or its affiliate and/or licensor owns and retains all proprietary rights to the Service, Software, its trademarks, copyrights, service marks, Scofa’s Marks, logos, copyrighted works, patents, trade secrets, and common law intellectual property. We retain all rights with respect to any intellectual property appearing on RelaxScofa, and no rights in such materials are transferred or assigned to you. You acknowledge and agree that RelaxScofa and any program or Software used with respect to the Services contain proprietary and confidential information that is the property of Scofa and is protected by applicable intellectual property and other laws. You are not authorized to reproduce, transmit or distribute proprietary information of RelaxScofa or Scofa. No rights in or title of any of the proprietary and confidential information in RelaxScofa, or any Software used in connection with any of its Services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any of RelaxScofa Services or Software, in whole or in part.

20. Trademarks. It is not permitted to copy, imitate or use RelaxScofa’s Marks, including but not limited to logos, product and service names, slogan, and overall design appearance of the Services, in whole or in part, without Scofa’s prior written permission. RelaxScofa’s Marks and other intellectual property rights regarding trademarks not included in this Agreement do not constitute a waiver of those rights. The Services may contain the trademarks of third parties; RelaxScofa does not endorse, sponsor, or recommend any third- party products, services, processes, or other information, whether identified as brand names, trademarks, manufacturers, or suppliers.

21. Copyright Complaints and Infringement Policy. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Software;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Attention: Copyright Manager
Address: 6405 W Gulf to Lake Hwy, Crystal River, FL 34429.
E-Mail Address: legal@scofa.com

22. Confidentiality. All Personal Information given to RelaxScofa will be kept confidential by RelaxScofa and Scofa and deidentified as necessary to comply with healthcare compliance laws. Any passwords used for RelaxScofa are for the User’s individual use only. You will be responsible for the security of your password. From time to time, we may require that you change your password. You are prohibited from using any Services or Software provided in connection with RelaxScofa to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited.

23. Right to Monitor. You are responsible for any activities that take place under your Authorized User login. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately via email at support@scofa.com. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on RelaxScofa.

MISCELLANEOUS

24. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Software uses by you and all information provided by you in any manner consistent with our Privacy Policy and any applicable Healthcare Compliance Laws. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

25. Relationship of the Parties. Nothing contained in these Terms or your use of RelaxScofa shall be construed to constitute the User as a partner, joint venturer, employee or agent of Scofa, nor shall the User or Scofa hold itself out as such.

26. Notices. Except as otherwise set forth herein, notices made by us to you under these Terms that affect our customers generally will be posted in the Software. Notices made by us under these Terms for you or your account specifically (e.g., notices of breach and/or suspension) will be provided to you via the email address provided to us in your registration for the Services. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.

27. No Warranties. We provide the Services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the Services provided. Specifically, we do not warrant that the Services will always be available, be uninterrupted, be error free, be timely, meet your requirements, or that any defects in the Services or Software will be corrected. To the extent permitted by the law, you are solely responsible for the quality and performance of the Services.

28. Do Not Rely. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from RelaxScofa and/or Company. RelaxScofa does not guarantee the accuracy or completeness of any of the information provided and is not responsible for any loss resulting from your reliance on such information.

29. Medical Disclaimers. Information provided by the Services is not intended to diagnose, prevent, or treat any condition or disease, or to replace professional medical care; RelaxScofa, and its representatives are not licensed medical professionals. We do not diagnose, examine, or treat medical conditions, nor do we prescribe treatments or assess their effects on any medical conditions; We do not offer emergency services and have no obligation to contact you or anyone else about your medical condition or treatment. Any of the Services offered by RelaxScofa are not guaranteed to be accurate, reliable, effective, or correct; consult a medical professional for any questions or concerns regarding any medical condition; and never ignore professional medical advice or delay seeking it due to something you have read, heard, or received using RelaxScofa. Activities described as part of the Services may not be suitable for everyone. Refrain from using the Services while driving, operating heavy machinery, or engaging in any activity that demands your full attention and concentration. The use of the Services is solely your responsibility.

30. Indemnity. In accordance with applicable law, you agree to indemnify, defend, and hold harmless Scofa, along with its officers, directors, partners, employees, and agents, from any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (‘Claims’), resulting from or related to: (a) accessing or using the Services; b) using User Content or feedback; c) violating these Terms; (d) violating, misappropriating, or infringing other people’s rights (including those related to intellectual property rights or privacy rights); or (e) acting in a manner inconsistent with the Service. In the event that Scofa is sued by a third party, you will promptly notify RelaxScofa of the claim, cooperate with Scofa in defending the claim, and pay all fees, costs, and expenses incurred in defending the claim (including, but not limited to, attorneys’ fees). At Scofa’s sole discretion, Scofa will also have the right to defend or settle any third-party claims. As a reminder, this indemnity is in addition to any other indemnities you or Scofa may have agreed to in a written agreement.

31. Modifying and Terminating the Services. At any time and without notice, we may change or discontinue any or all of the Services, for any reason, including to make improvements, address technical needs, or prevent damage to users or the Services. You can also stop using the Services at any time. Any loss or harm caused by your inability to access or use the Services is not our responsibility to the extent permitted by applicable laws.

32. Hyperlinking. RelaxScofa may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with RelaxScofa or Scofa. Scofa makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via RelaxScofa.

33. Jurisdiction, Venue, and Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Florida applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. User consents to personal jurisdiction in the State of Florida and agrees that the exclusive venue and place of trial for the resolution of any disputes arising in connection with the interpretation or enforcement of this Agreement shall be the Federal District Court in the Middle District of Florida or alternatively, the State Courts of Florida located in Citrus County, Florida. The User hereby waives its rights to trial by jury with respect to matters set forth in this Agreement. In the event that either party is successful in taking any action to enforce, or in defending, as applicable, its rights under these Terms, the other party agrees to pay the reasonable and documented fees and expenses (including attorney’s fees and expenses) of the prevailing party in such action.

34. Agreement to Arbitrate. WE RECOMMEND THAT YOU READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES SCOFA AND YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS HOW WE CAN SEEK RELIEF FROM ONE ANOTHER. ARBITRATION PRECLUDES YOU AND SCOFA FROM SUING IN COURT. CLASS ARBITRATION, CLASS ACTIONS, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING IS NOT PERMITTED BY SCOFA AND YOU AGREE TO ARBITRATE SOLELY INDIVIDUALLY. In case of a dispute, claim, or controversy arising out of these Terms, their breach, termination, enforcement, interpretation, or validity, or the use of the Services, including privacy or data security claims (collectively, “Disputes”), binding arbitration will be used, with the exception that each party reserves the right: (a) to file an individual claim in small claims court; and (b) to obtain injunctive or other to seek equitable relief from a court with appropriate jurisdiction to prevent actual or threatened infringements, misappropriations, or violations of a party’s trade secrets, trademarks, patents, copyrights, or other intellectual property rights. In order to clarify, this agreement to arbitrate applies to Disputes arising from events or activities that occurred before the Last Updated date at the top of these Terms. By emailing support@scofa.com within thirty (30) days following the date on which you first accept these Terms, you have the right to opt out of binding arbitration. Without limiting the preceding sentence, you have the right to do so.

35. Arbitration Initiation. Disputes will first be resolved informally through the following process before being referred to arbitration. You must first notify Scofa of your Dispute by sending a certified mail letter addressed to SCOFA, LLC c/o 6405 W Gulf to Lake Hwy Crystal River, FL 34429 or by email to support@scofa.com. Please include the following information in your notice:

(i) your name, address, email address, and telephone number;

(ii) a description of the Dispute; and

(iii) the specific relief you are seeking.

You will be notified of RelaxScofa’s Dispute via email via your primary email address. If Scofa asserts a Dispute against you. In its notice, Scofa should:

(i) identify a RelaxScofa contact and provide the contact’s email address and telephone number;

(ii) state the nature and basis of the dispute; and

(iii) state the specific relief requested.

Both parties may submit the Dispute to binding arbitration if they cannot resolve the Dispute within thirty (30) days after receiving such a Notice. You or Scofa may engage in this informal dispute-resolution process for thirty (30) days after sending the applicable Notice, during which time the statute of limitations and deadline for filing fees shall be postponed.

36. Feedback. Feedback you provide about RelaxScofa or the Services is not confidential and may be used by us without restriction and without payment to you. Similar or related ideas previously known to RelaxScofa or Scofa, developed by its employees, or obtained from other sources are not waived by Scofa.

37. Entire Agreement; Waiver; Severability. This Agreement constitutes your entire Agreement with RelaxScofa and Company with respect to any Services. The failure of Scofa to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or portion thereof is found to be invalid, the remaining provisions will be in full force and effect.