Terms & Conditions

1. Dispute Resolution

Mandatory Arbitration. Please read this carefully as It affects your rights. YOU AND  The – Effort LLC AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration.

i. Commencing Arbitration. A party seeking arbitration must first send to the other by mail or electronic mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to The – Effort LLC, to you via any other method available to The – Effort LLC, including via email at info@theeffortfitherapy.com The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the "Demand"). If the claim is not resolved within 30 days after the Notice is received, then you or The – Effort, may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS. The Rules and AAA forms are available at www.adr.org. If you are required to pay a filing fee to commence arbitration against  The – Effort LLC, then The – Effort LLC will promptly reimburse you for your confirmed payment of the filing fee upon The - Effort’s receipt of Notice at the Address that you have commenced arbitration along with a receipt for the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith.

ii. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business will be appointed pursuant to the Rules, as modified herein. You and The – Effort LLC. agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

iii. No Class Actions. YOU AND The – Effort LLC. AGREE THAT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISON IS FOUND TO BE UNENFORCEABLE, THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. 

iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except for as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim's disposition. The arbitrator will apply Texas state law during the arbitration. You agree that these terms and your use of the App evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in These Terms. If the dispute is finally resolved through arbitration in your favor, The – Effort LLC. will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by The - Effort. in settlement of the dispute prior to the arbitrator's award; or (C) $1,000.

b. Equitable Relief. The foregoing provisions of this Section 20 do not apply to any claim in which The – Effort LLC. seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by The - Effort. or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against The – Effort LLC., and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.

c. Claims. You and The - Effort. agree that, nevertheless any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such causes of action is permanently barred.

d. Improperly Filed Claims. All claims you bring against The – Effort. must be resolved in accordance with this Section 20. All claims filed or brought contrary to this Section 20 will be considered improperly filed. Should you file a claim contrary to Section 20, The - Effort may recover attorneys' fees and costs up to $5,000, provided that The – Effort LLC. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

e. Modifications. If  The - Effort changes the Mandatory Arbitration provision (other than a change to  The – Effort LLC.'s Address), then you may reject any such change by sending us written notice to The – Effort LLC's Address within 30 days of the change, in which case your Account and your right to use the Service will terminate immediately, and this Section 20, as in effect immediately prior to the amendments you reject, will survive termination of these Terms.

f. Enforceability. If only Section 20.a.iii or the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to these Terms.