The RealAppeal.com website and the Real Appeal mobile app are owned and operated by Real Appeal, Inc. and its
affiliates (collectively "REAL APPEAL" or
"we"). Through the RealAppeal.com website and the Real Appeal mobile app (together, this "Platform") REAL APPEAL provides an
online weight loss program on behalf of participating health plans to
members of such plans, which program includes services and health tools
such as online wellness coaching, the ability to track your weight and
weight loss goals, the ability to track what you eat, drink, and your
physical activity, an online team, achievements, and other services and
tools used in a weight loss program (the "REAL APPEAL
Program").
Your use of this Platform and its Content (as defined below) is
expressly subject to these Terms of Use which, together with our
Privacy Policy, constitutes a legally binding
agreement between each user of this Platform ("you")
and REAL APPEAL. If you enter into any other agreement with REAL APPEAL
(for example regarding health plan coverage), then these Terms of Use
are in addition to the terms of such other agreement. PLEASE
READ CAREFULLY. BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY
THESE TERMS OF USE AND OUR PRIVACY POLICY.
IMPORTANT NOTICES AND DISCLAIMERS
- THIS PLATFORM AND THE REAL APPEAL PROGRAM ARE
INTENDED FOR MEMBERS OF PARTICIPATING HEALTH
PLANS. If you are not a member of a
participating health plan or the legal representative of such a
member, you do not have authority to use this Platform or
participate in the REAL APPEAL Program.
- THIS PLATFORM AND THE REAL APPEAL PROGRAM ARE NOT INTENDED
TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you are experiencing a
medical emergency, call your doctor, go to the emergency room,
or call 911 immediately.
- This Platform and its Content and the REAL APPEAL
Program have not been evaluated by the Food and Drug
Administration, and are not intended to diagnose, treat, cure
or prevent any disease or condition.
- NEITHER THIS PLATFORM NOR THE REAL APPEAL PROGRAM PROVIDES MEDICAL ADVICE.
This Platform and its Content and the REAL APPEAL
Program are for general education and
information purposes only, and are not
intended in any way as a substitute for professional medical
advice, diagnosis or treatment.
- Always seek the advice of your physician or other
qualified health care professional regarding a medical
condition or treatment and before participating in the REAL
APPEAL Program or any other health, diet or exercise program.
Never disregard professional medical advice or delay in seeking
it because of something you have read on this
Platform.
- INDIVIDUAL RESULTS MAY VARY.
Causes of overweight and obesity vary from person to person. This means weight loss results will
also vary from person to person. No individual result should be
seen as typical.
- Neither your use of this Platform, nor any of these
Terms of Use, guarantees that you are eligible to receive
coverage under any plan offered through this Platform or
otherwise.
Certain Defined Terms
As used herein:
- "REAL APPEAL and Related Parties" means,
collectively, all of the following: (i) REAL APPEAL; (ii)
participating health plans in the REAL APPEAL Program; (iii)
participating employers in the REAL APPEAL Program; (iv) any and
all other persons and entities designated by REAL APPEAL to provide
products, services, support, assistance, or content for the REAL
APPEAL Program or this Platform or otherwise for the business of
REAL APPEAL; and (v) the respective successors and assigns of the
foregoing.
- "You" or "User" means any
user of this Platform who is a member of a participating health plan
or a legal representative of such a member.
- "REAL APPEAL Content" means any and all
content provided by REAL APPEAL and Related Parties, including,
without limitation, text, photos, images, artwork, logos,
trademarks, videos, audios, information, data, databases,
directories, listings, links, forms, templates, tools, software
applications, user interfaces, and all printable or downloadable
media.
- "User Content" means messages, reviews,
comments, and other content created by users.
- "Content" means, collectively, REAL APPEAL
Content and User Content.
Changes to These Terms of Use
We may make changes to these Terms of Use from time to time. We will
provide you with notice if the changes are material and, where required
by applicable law, we will obtain your consent. Unless expressly
otherwise agreed, all material changes will apply prospectively only.
If you have provided your email address to us or have an active account
on this Platform, we may notify you of material changes via email and/or
may ask you to affirmatively consent to the changes (e.g., by checking
a box or clicking a button) at the time of your next account login on
this Platform. By continuing to use this Platform after such notice
and/or consent, you are bound by these Terms of Use as modified.
Changes to this Platform
We may change, add or remove some or all of the Content on this
Platform at any time. In addition, please note that although our goal is
to provide accurate information, certain features that may be offered
through this Platform, such as participating healthcare providers,
pricing information or other Content, may not be accurate or up to
date. In addition, please note that features of any plan or plans
described in this Platform may change over time as permitted by law,
including benefit levels, items included in any formulary, pricing or
lists of participating providers or other associated vendors.
Children and Minors
This Platform and the REAL APPEAL Program are not intended for or
directed to anyone under the age of 18. By using this Platform, you
warrant that you are at least 18 years of age.
Electronic Communications
When you use this Platform or send emails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
email, by posting notices on this Platform, or through your account on
this Platform. You acknowledge and agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing.
Consent to Monitoring
By using this Platform, you acknowledge and agree that any
activity on this Platform is subject to monitoring by REAL APPEAL at any
time, and that REAL APPEAL may use the results of such monitoring
without limitation, subject to applicable law.
Accounts and Passwords
By creating an account on this Platform, you represent and warrant
that all registration information you submit to us is your own
information and is truthful and accurate. It is your responsibility to
notify us of any changes in your account information, including your
contact information. As an account holder, you are responsible for
safeguarding your account access information and are responsible for
all use of your username and/or password and must keep these details
secure. You are also responsible for logging out of your account after you use the Platform in order to prevent third parties from accessing your account information. If you allow others to use your account, you are responsible
for all their activities on your account. By using the Real Appeal app, you agree that once you log into the app, you will remain logged in, unless and until you log out.
Partner Site Single Sign-on Integration
If you elected to utilize Single Sign-on by connecting your Real Appeal login to your account with one of our partners, you authorize us to securely exchange authentication information with our Partner as to verify your login credentials and allow you to automatically login to our site without the need to login again when you follow a link from our partner site to our site. You also authorize us to receive your profile and health insurance information from our partner to faciliate the enrollment process in our system if you follow a link from our Partner site and proceed to register with us for the first time. Furthermore, you authorize us to share login information with our Partner as reasonably required to track the number of registrations and referrals made to Real Appeal by our partner.
Restrictions on Use of This Platform
You agree:
- not to use this Platform or its Content other than for your
personal, lawful and non-commercial use only;
- not to decompile, reverse engineer, disassemble, or otherwise
attempt to derive the source code of, this Platform or any software
program or application associated with this Platform;
- not to impersonate another, or falsify account information, or
make unauthorized use of another's information;
- not to interfere in any way with the operation of this Platform
or any server, network or system associated with this Platform,
including, without limitation: hacking, mail-bombing, flooding,
overloading, or making "denial of service" attacks; probing,
scanning or testing the performance or vulnerability of this
Platform or any server, network or system associated with this
Platform; breaching or circumventing firewall, encryption, security
or authentication routines; accessing, using or retrieving data not
intended for you, or accessing another user's account without
permission; or corrupting or attempting to corrupt data stored on
this Platform or any server, network or system associated with this
Platform;
- not to use, transmit or distribute viruses, bots, worms, or any
other harmful computer code, files or programs to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, or to gain unauthorized
use of or access to a computer or a computer network;
- not to use any automated program, tool or process (including,
without limitation, web crawlers, robots, bots, spiders, and
automated scripts) to access this Platform or any server, network or
system associated with this Platform, or to extract, collect,
harvest or gather content or information from this Platform;
- not to frame or otherwise create a browser or border
environment around any page or content of this Platform, or
deep-link to any content or internal page of this Platform;
- not to use the REAL APPEAL mark or logo or any other mark, logo
or source identifier of REAL APPEAL (whether registered or
unregistered) in any unauthorized manner, including as meta tags or
ad keywords;
- not to harass or cause annoyance to other users;
- not to infringe upon any intellectual property or other
proprietary right of any person or entity;
- not to send or cause others to send (directly or indirectly)
"spam" or other unsolicited messages or communications of any
kind;
- not to engage in "trolling," such as posting material,
information, message or communication that is off-topic, absurd, or
meaningless, with the intent of causing disruption or provoking
reaction from others, or disrupting the normal flow of dialogue,
causing a screen to "scroll" faster than other users are able to
type, or otherwise acting in a manner that negatively affects other
users' ability to engage in real time exchanges;
- to comply with all applicable laws and regulations while using
this Platform and its Content.
REAL APPEAL Content
All REAL APPEAL Content belongs to REAL APPEAL and Related Parties
and is protected by U.S. and foreign copyright, trademark and other
intellectual property laws. Subject to these Terms of Use, REAL
APPEAL grants to you a personal, non-transferable, non-sub-licensable,
non-exclusive, revocable, limited license to use this Platform and REAL
APPEAL Content solely for your personal, lawful and noncommercial
use in accordance with these Terms of Use and all applicable
laws and regulations. REAL APPEAL and Related Parties reserve
all rights not expressly granted herein. REAL APPEAL may terminate this
license at any time for any reason. If you breach any of these Terms of
Use, this license will terminate immediately. Upon any termination of
this license you must stop using this Platform and all REAL APPEAL
Content and must return or destroy all copies, including electronic
copies, of REAL APPEAL Content in your possession or control.
User Content
Certain portions of this Platform may be configured to permit users
to post User Content. Any view or opinion expressed in User Content
represents only that of the user and not REAL APPEAL. User
Content posted by other users is no substitute for your own research
and should not be relied upon for any purpose.
You agree not to post any User Content:
- which is profane, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening, harmful, invasive of
privacy or publicity rights, abusive, inflammatory, or otherwise
objectionable; or
- the transmission of which could violate, or facilitate the
violation of, any applicable law, regulation, or intellectual
property rights.
By submitting User Content to this Platform (whether your submission
is solicited or unsolicited), you acknowledge and agree to all of the
following:
- To submit User Content to this Platform, you must be at least 18
years of age.
- You are solely responsible for all User Content you submit and
we assume no responsibility or liability for any User Content
submitted by you or any other user. We may, but are not obligated
to, restrict or remove any User Content which we determine, in our
sole discretion, violates these Terms of Use or is otherwise
harmful or inappropriate. We reserve the right to remove any Use
Content at any time, but you understand and acknowledge that we may
preserve and access backup copies of User Content and may disclose
User Content if required to do so by law or in a good faith belief
that such preservation, access or disclosure is required by law or
is in the best interests of REAL APPEAL. Any User Content you
submit will be routed through the Internet and you understand and
acknowledge that you have no expectation of privacy with regard to
any User Content you submit. Never assume that you are anonymous
and cannot be identified by your posts.
- By submitting User Content to this Platform, you represent and
warrant that: (i) your submission is voluntary and consensual and
is made without any condition or reservation of rights, including,
without limitation, any condition of payment, secrecy or
confidentiality; (ii) your submission does not contain any
confidential information and may be seen by others; and (iii) your
submitted User Content contains no material that infringes upon any
third-party right or violates any applicable law or
regulation.
- Unless expressly otherwise agreed between you and REAL APPEAL,
you own any User Content provided by you, and REAL APPEAL does not
claim ownership rights in your User Content. However, by submitting
User Content to this Platform (whether your submission is solicited
or unsolicited), you grant to REAL APPEAL and Related
Parties a non-exclusive, irrevocable, worldwide, perpetual,
fully paid up and royalty-free, freely sub-licensable, freely
assignable and transferable, unlimited and unrestricted license to
use, copy, reproduce, store, archive, modify, excerpt, adapt,
translate, create derivative works and compilations based upon,
publicly perform, publicly display, exhibit, broadcast, stream,
publish, distribute, and otherwise exploit your submitted User
Content, including your name, voice, likeness, performance, life
stories, and biographical information contained in such User
Content, as well as any and all ideas, concepts, facts,
information, stories, know-how, and techniques embodied in your
submitted User Content, in any and all formats and media now known
or hereafter devised (including, without limitation, television,
radio, theatrical, Internet, mobile, digital, electronic, and print
media) and for any and all commercial and non-commercial purposes
of REAL APPEAL and Related Parties (including, without
limitation, product development, marketing, advertising, promotion,
sale, distribution, social media campaigns, merchandising,
publishing, education, and charity), without any compensation,
attribution, notice, or other obligation to you. The aforementioned
license will continue and remain in full force and effect even if
you subsequently terminate or cancel your account on this Platform
or delete the submitted User Content from your account.
- By submitting User Content to this Platform, you waive the right
to assert against REAL APPEAL and Related Parties, and you release
and forever discharge REAL APPEAL and Related Parties from, any and
all claims and damages based upon or relating to your submitted
User Content, including, without limitation, claims and damages for
copyright infringement, trademark infringement, invasion of
privacy, violation of the right of publicity, defamation, libel,
false light, unfair competition, unjust enrichment, idea theft,
idea misappropriation, breach of implied contract, breach of
fiduciary duty, and/or breach of confidence or trust.
Right to Remove User Content
REAL APPEAL reserves the right at any time, but with no obligation,
to remove, take down, block, disable or deny access to any User Content
which REAL APPEAL determines, in its sole judgment, violates these
Terms of Use or any applicable law or regulation, or may expose or
subject REAL APPEAL to liability of any kind, or may adversely affect
the reputation or goodwill of REAL APPEAL. REAL APPEAL assumes no
responsibility for monitoring this Platform for inappropriate User
Content or conduct. If at any time REAL APPEAL elects to monitor this
Platform, REAL APPEAL nonetheless assumes no responsibility for User
Content, assumes no obligation to modify or remove any inappropriate
User Content, and assume no responsibility for the conduct of any
user.
Compliance with the Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act (Title 17,
United States Code) ("DMCA"), REAL APPEAL will respond
to proper notifications of claimed copyright infringement with respect
to User Content, and will take appropriate action including expediently
removing and disabling access to the allegedly infringing User Content.
REAL APPEAL also has a policy of terminating, in appropriate
circumstances, the accounts of registered users on this Platform who are
determined to be repeat infringer's.
Designated Agent: In
compliance with the DMCA, the following is REAL APPEAL's Designated
Agent to receive notifications of claimed copyright infringement by
User Content on this Platform:
- By mail:
- Real Appeal, Inc.
Attn: General Counsel
10866 Wilshire Blvd., Ste. 400
Los Angeles, California 90024
Notice of Claimed Copyright
Infringement: If you believe that your
copyright has been infringed or violated by any User Content found on
this Platform, please notify the Designated Agent listed above in
writing and provide the following requisite information:
- (i) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- (ii) identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted works are covered by
a single notification, a representative list of such
works;
- (iii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service
provider to locate the material;
- (iv) information reasonably sufficient to permit the
service provider to contact the complaining party, such as an
address, telephone number, and if available, an electronic mail
address at which the complaining party may be contacted;
- (v) a statement that the complaining party has a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
and
- (vi) 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 is allegedly infringed.
Counter-Notification to Claimed Copyright
Infringement: Under the DMCA, if a
notice of copyright infringement has been filed against User Content
submitted by you on this Platform, you may make a counter-notification
with the Designated Agent listed above, provided that such
counter-notification must be in writing and contain the following
requisite information:
- (i) your physical or electronic signature;
- (ii) identification of the material that has been removed
or to which access has been disabled and the location at which
the material appeared before it was removed or access to it was
disabled;
- (iii) a statement by you under penalty of perjury that you
have a good faith belief that the material was removed or
disabled as a result of mistake or misidentification; and
- (iv) your name, address, and telephone number, and a
statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which you are
located (or in the State of Illinois, USA, if you reside
outside of the United States), and that you will accept service
of process from the person who filed the notice of copyright
infringement or an agent of such person.
If REAL APPEAL receives a valid counter-notification, it may
reinstate the removed or disabled material in accordance with the DMCA.
Please note that, under the DMCA, any person who knowingly makes
material misrepresentations in a notification of claimed infringement
or any counter-notification may be liable for damages.
Links to Third-Party Websites
This Platform may provide links to third-party websites (the
"Linked Sites") that may be useful or interesting to
you. The Linked Sites are not owned, controlled or operated by REAL
APPEAL. REAL APPEAL has no control over and does not endorse, and
assumes no responsibility or liability for, the Linked Sites or their
content or for any of your dealings with them or for any loss or damage
that may arise from your use of them. You are solely responsible for
your dealings with the Linked Sites. Your use of the Linked Sites will
be subject to the terms and conditions and privacy policies of those
sites, which may substantially differ from those of REAL APPEAL. We
urge you to read the terms and conditions and privacy policies of the
Linked Sites prior to using them.
Linking to this Platform
You may link to this Platform, but subject to the following
conditions:
- Your link must be a text-only link;
- You do not frame or otherwise create a browser or border
environment around any page or content of this Platform;
- You do not deep-link to any content or internal page of this
Platform;
- You do not link to any live stream or live streaming event on
this Platform (except with our express prior written consent);
- You do not use any REAL APPEAL logo or design mark in or as
your link;
- You do not link to this Platform from any pornographic or
sexually oriented website;
- You do not misrepresent or falsely suggest that your website,
content, product or service is sponsored, endorsed or approved by,
or is affiliated or associated with, REAL APPEAL;
- You do not publish false, misleading or inaccurate information
about, or otherwise disparage, REAL APPEAL or this Platform;
- REAL APPEAL is under no obligation to support your link.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY REAL APPEAL AND
Except where prohibited by applicable law:
- REAL APPEAL makes no warranty or representation regarding
this Platform or ITS Content OR THE REAL APPEAL PROGRAM;
- this Platform and all ITS Content AND THE REAL APPEAL
PROGRAM are provided "AS IS" and without warrantIEs of any
kind, express or implied;
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, REAL APPEAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO this Platform AND
ALL ITS CONTENT AND THE REAL APPEAL PROGRAM; AND
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REAL
APPEAL DOES NOT WARRANT THAT this Platform AND ALL ITS CONTENT
AND THE REAL APPEAL PROGRAM WILL BE UNINTERRUPTED, RELIABLE, UP
TO DATE, ACCURATE OR ERROR FREE; OR THAT ANY INFORMATION
REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE WILL BE
ACCURATE OR COMPLETE; OR THAT ANY DEFECT OR ERROR WILL BE
CORRECTED; OR THAT THIS PLATFORM AND ALL ITS CONTENT ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS PLATFORM
AND ALL ITS CONTENT AND YOUR PARTICIPATION IN THE REAL APPEAL
PROGRAM ARE ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitations of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- IN NO EVENT SHALL ANY OF REAL APPEAL AND RELATED PARTIES BE
LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR
LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR
RELATED TO (I) THIS PLATFORM OR ITS CONTENT OR YOUR USE OF (OR
INABILITY TO USE) OR RELIANCE UPON THIS PLATFORM OR ITS CONTENT,
OR (II) YOUR PARTICIPATION IN THE REAL APPEAL PROGRAM, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES;
- IN NO EVENT SHALL REAL APPEAL AND RELATED PARTIES' TOTAL
AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING
OUT OF OR RELATED TO (I) THIS PLATFORM OR ITS CONTENT OR YOUR
USE OF (OR INABILITY TO USE) OR RELIANCE UPON THIS PLATFORM OR
ITS CONTENT, OR (II) YOUR PARTICIPATION IN THE REAL APPEAL
PROGRAM, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100);
AND
- IF YOU ARE DISSATISFIED WITH THIS PLATFORM OR ITS CONTENT OR
WITH THE REAL APPEAL PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THIS PLATFORM AND DISCONTINUE PARTICIPATION
IN THE REAL APPEAL PROGRAM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL
LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS REAL APPEAL AND RELATED
PARTIES FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF
ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING
OUT OF OR RELATED TO: (I) YOUR USE OF (OR INABILITY TO USE) OR RELIANCE
UPON THIS PLATFORM OR ITS CONTENT; (II) ANY USER CONTENT SUBMITTED BY
YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY
APPLICABLE LAW OR REGULATION; AND/OR (IV) YOUR PARTICIPATION IN THE
REAL APPEAL PROGRAM.
International Use
REAL APPEAL operates and provides this Platform and the REAL APPEAL
Program in and from the United States of America. This Platform and its
Content and the REAL APPEAL Program are intended for a United States
audience, and REAL APPEAL does not represent or warrant that this
Platform or its Content or the REAL APPEAL Program is appropriate or
available for use in locations outside the United States of America. If
you live outside the United States of America, you may see information
on this Platform about products, services or therapies that are not
available or not authorized in your country. If you access this Platform
from outside the United States of America, you acknowledge and agree
that you do so of your own initiative and that you are solely
responsible for complying with local laws in your country.
Governing Law; Limitation on Action
The laws of the State of California govern these Terms and any cause
of action arising out of or related to your use of this Platform or its
Content or your participation in the REAL APPEAL Program, without
reference to its choice-of-law principles. You agree that the only
proper jurisdiction and venue for any dispute with REAL APPEAL, or in
any way relating to your use of this Platform, is in the state and
federal courts in the State of California, U.S.A. You further agree and
consent to the exercise of personal jurisdiction in these courts in
connection with any dispute involving REAL APPEAL or its employees,
officers, directors, agents and providers. Before seeking legal
recourse for any harm you believe you have suffered arising from or
related to your use of this Platform, you agree to inform us in writing
and to give us 30 days to cure the harm before initiating any action.
You must initiate any cause of action within one (1) year after the
claim has arisen, or you will be barred from pursuing any cause of
action.
Miscellaneous
If any provision contained in these Terms of Use is held by any
court of competent jurisdiction to be invalid, illegal, or
unenforceable, such provision shall be deemed modified in such manner
as to render such provision valid, legal, and enforceable to the
fullest extent permitted by law in such jurisdiction, and the remaining
provisions contained in these Terms of Use shall not be affected and
shall remain in full force and effect. A failure by REAL APPEAL to
exercise or enforce any right or provision under these Terms of Use
will not constitute a waiver of the right or provision. Any waiver of
any provision under these Terms of Use will only be effective if it is
in writing and signed by REAL APPEAL. You may not transfer or assign
any rights or obligations under this Agreement. REAL APPEAL may
transfer or assign its rights and obligations under this Agreement.
Contact Us
If you have questions regarding this Platform or the REAL APPEAL
Program or these Terms of Use, please contact us at: