Terms of Use

Acceptance of the Terms of Use

Welcome to the Takes a Break family of Websites (together, “Takes a Break,” “Company,” “we,” or “us,” or “our”). The following terms and conditions of use (together with any documents referred to therein or incorporated by reference) (“Terms of Use”) apply to your use of all Takes a Break Websites and Web Pages affiliated with Takes a Break (together, “Website” or “Websites”), including any applications, content, functionality, services, products, podcasts, and other materials offered on or through our Websites, whether as a guest or as a registered user. These Terms of Use also apply to all content, ideas, and material submitted by you—the consumer—to Takes a Break by or through electronic mail, surveys, Takes a Break Websites, or other medium, whether as a guest or registered user of any or all of the aforementioned. 

Please read these Terms of Use before accessing or using any of our Websites or affiliated materials. By using our Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to abide by these Terms of Use and our Privacy Policy, found at PRIVACY POLICY, incorporated herein by reference. If you do not want to agree to these Terms of Use and the Privacy Policy, you must exit the Websites.

We may terminate this agreement at any time, subject to the survival provisions below, if required by law, or if we have objective reason to believe you have used any of our Websites, including any applications, content, functionality, services, products, podcasts, or other materials offered on or through our Websites, in violation of any provision of this agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct in relation to your use of our Websites, or any applications, content, functionality, services, products, podcasts, or other materials offered on or through our Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use and the Privacy Policy from time to time in our sole discretion and without notice. You are expected to keep apprised of any changes to the Terms of Use and Privacy Policy, and may do this by accessing the Terms of Use page and the Privacy Policy page, respectively, on the Websites. All material changes will apply prospectively only, unless stated otherwise. Your continued use of any of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

To use the Websites, you represent and warrant that you are 13 years or older. Further, you represent and warrant that you are of legal age to and competent to form a binding contract with the Company.

Access to the Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Websites in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of any or all of the Websites, to users, including those accessing the Websites as either guests or as registered users.

You are responsible for making all arrangements necessary for you to have access to the Websites. 

You are responsible for ensuring that all persons who access any or all of the Websites through your Internet connection are aware of these Terms of Use, and that those persons comply with them. To access the Websites or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of each Website that all the information you provide on the Websites is correct, current, and complete.

If you choose, or if you are provided with, a user name, password, or any other piece of information as part of our security or usage procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name and/or password, or any other breach of security, and you agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, with or without notice, and for any reason or no reason, including, if in our sole discretion and opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The entire contents of the Websites (including all information, software, text, displays, images, video, audio, and logos) and the design, selection, and arrangement thereof, are owned by the Company or its principals or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights.

You are permitted to use the Websites for your personal, non-commercial use only, or for legitimate business purposes related to your role as a current or prospective customer, supplier, distributor, or affiliate of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Websites without the prior written consent of the Company, except to:

  • Store copies of such materials temporarily in RAM.

  • Store files that are automatically cached by your web browser for display enhancement purposes.

  • Download and store cookies or other similar data-monitoring materials.

  • Print a reasonable number of pages of a Website for a permitted use.

  • Report on social media.

You must not:

  • Modify the paper or digital copies of any materials from any of the Websites.

  • Use any illustrations, photographs, video, or audio sequences separate from the accompanying text.

  • Use any audio, video, or photographs separate from the accompanying audio, video, or photographs, as applicable.

  • Delete or alter any copyright, trademark, or other proprietary notices appearing on such materials.

    You must not reproduce, sell, or exploit for any commercial purposes any part of the Websites, access to the Websites, or use of the Websites, or any services or materials available through the Websites without obtaining a license to do so from the Company or its applicable licensor. If you wish to make any use of material on the Websites other than that set out above, please address your request to: hello@TakesABreak.com.

    If you print, copy, modify, download, or otherwise use any part of any of the Websites in violation of the Terms of Use, your right to use the Websites will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by the Terms of Use is an unpermitted use and will constitute a violation of the Terms of Use and may violate United States and international copyright, trademark, and other laws.

Company Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its principals, affiliates or licensors. You must not use such names, marks, designs, or slogans without the prior written permission of the Company. If you wish to make any use of such names, marks, designs, or slogans, please address your request to: hello@TakesABreak.com. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by asking for personally identifiable information, by exposing them to inappropriate, illicit, or illegal content, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain mail,” or “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate another user, person, or entity, or the Company or a Company member, owner, or employee (including, without limitation, the use of email addresses and profiles—Internet, social media, or otherwise—associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or that, as determined by us, may harm the Company or users of the Websites or expose the Company, its members, affiliates, owners, or employees, or the Websites’ users to liability.

  • In any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including any other party’s ability to engage in real time activities through the Websites.

Additionally, you agree not to:

  • Use any robot, spider, or other automatic device, process, or other means to access any or all of the Websites.

  • Use any manual process to monitor or copy any of the material on any or all of the Websites, or for any other unauthorized purpose without the Company’s prior written consent.

  • Use any device, software, or routine that interferes with the proper working of any or all of the Websites. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part or parts of any or all of the Websites, the server on which each respective Website is stored, or any server, computer, or database connected to any of the Websites.

  • Attack any or all of the Websites via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of any or all of the Websites.

User Contributions

The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, commentary, or other interactive features (collectively, “Interactive Services”). These Interactive Services may allow you to post, submit, publish, display, or transmit (collectively, “post”) images, written materials, audio recordings, audiovisual recordings, or other content or materials (collectively, “User Contributions”) on or through any or all of the Websites, some of which may be available, or may be made available, to other users. 

Not all User Contributions that are submitted will be made available through any or all of the Websites or to other users. We reserve the right to determine, in our sole discretion, whether each User Contribution is to be published via Internet, electronic mail, social media, print media, audio recording, audiovisual recording, or otherwise. We reserve the right to edit, modify, or adapt each User Contribution, in our sole discretion, before or after it is published via Internet, electronic mail, social media, print media, audio recording, audiovisual recording, or otherwise. These Terms of Use apply with equal force regardless of our determination as to whether to publish the User Contribution(s).

All User Contributions must comply with the Content Standards set out in these Terms of Use. If a User Contribution does not comply with the Content Standards, we may, in our sole discretion, edit, modify, or adapt noncompliant User Contributions so that they do comply with the Content Standards. We may also, in our sole discretion, remove noncompliant User Contributions from any or all of the Websites.

Any User Contribution you post to any or all of the Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third parties any such material for any purpose, including—but not limited to—when under legal obligation to do so.

You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify, and hold harmless the Company, its affiliates, principals, and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Any User Contributions that are uploaded, expressed, or submitted to any or all of the Websites, and all articles, responses to questions, and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the individual or entity submitting them and do not necessarily reflect the opinions of the Company. The Company is not responsible for, or liable to any third party for, the content or accuracy of any materials posted by you or any other user of any or all of the Websites.

Rights to User Contributions

For purposes of this paragraph, “Company” should be construed as meaning the principals of Takes a Break, as those principals stand as of the date of submission of the subject User Contribution(s), barring any malfeasance or misfeasance. By submitting any User Contributions, you agree that the Company shall become the sole owner of any and all rights you may have to the submitted materials. You represent and warrant that you, individually, own all rights in and to the User Contribution(s). In exchange for good and valuable consideration, including the Company’s agreement to contemplate whether to publish the User Contribution(s) via Internet, social media, print media, audio recording, audiovisual recording, or otherwise, you hereby sell, assign, and transfer your entire rights, title, and legal and equitable interests in, to, and under the User Contributions to the Company. You also transfer any and all rights to sue and recover for any past or future infringements of any of the copyright(s) of the User Contribution(s) or any of the copyright(s) to any part of the User Contributions to the Company. 

By this assignment, you renounce and waive any and all rights you may have to use the subject matter of the copyright(s), limit the use, adaptation, distribution, modification, licensing, or sale of the subject matter of the copyright(s)—or of the User Contribution(s), in whole or in part, should one or more copyrights be found invalid—by the Company, its principals, its successors, or assignees, and to receive any compensation whatsoever by reason of any use, adaptation, distribution, modification, licensing, or sale of the subject matter of the copyright(s)—or of the User Contribution(s), in whole or in part, should one or more copyrights be found invalid—by the Company, its principals, licensees, successors, or assignees.

Monitoring and Enforcement; Termination

The Company has the right to:

  • Remove or refuse to post any User Contribution for any reason or no reason, in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole discretion, if we are of the opinion that the User Contribution violates the Terms of Use, including the Content Standards, infringes on any intellectual property right, threatens the personal safety of users of the Website or the public, or could create liability in the Company.

  • Disclose your identity to any third party that claims that material posted by you violates that party’s rights, including their intellectual property right(s) or their right(s) to privacy.

  • Take appropriate legal action, including—but not limited to—referral to law enforcement for any illegal or unauthorized use of any or all of the Websites, or for any suggested illegal or unauthorized action, regardless of whether that suggested action would directly affect any or all of the Websites or the Company.

  • Terminate your access to all or part of any or all of the Websites for any or no reason, including—but not limited to—any violation(s) of the Terms of Use.

  • Suspend or disable your account if you violate these Terms of Use or other policies, create risk or legal exposure for us, other users, or affiliates, or when we are otherwise permitted or required by law to suspend or disable your account.

    Without limitation to the aforementioned, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through any or all of the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES, REGARDLESS OF THE JURISDICTION THOSE LAW ENFORCEMENT AUTHORITIES MAY OR MAY NOT REPRESENT. 

    We can neither review all material before it is posted on the Websites, nor can we ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Content Standards

These Content Standards apply to any and all User Contributions and Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limitation to the aforementioned, User Contributions must not:

  • Contain any material that is obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote discrimination based on race, gender, sex, nationality, religion, disability, sexual orientation, or age.

  • Infringe on any patent, trademark, trade secret, copyright, or other intellectual property right(s) of any other person or entity.

  • Violate the legal right(s) (including the rights of publicity and privacy) of others, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with the Terms of Use or our Privacy Policy.

  • Promote any illegal activity, or advocate, promote, or assist in the commission of any unlawful act. 

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person, organization, or entity.

  • Involve commercial activities and/or sales without our prior written consent, including—but not limited to—contests, sweepstakes, other sales promotions, barter, advertising, or pyramid schemes.

  • Give the impression that they originate, are attributable to, are supported by, or are affiliated with us, if such is not the case.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other patron of any or all of the Websites, or by anyone who may be informed of its contents.

Changes to the Website

We may update any or all of the Websites from time to time, but their contents are not necessarily complete or up-to-date. We may change any or all of the Websites at any time with or without notice, including by adding or removing content and any or all User Contributions. We may suspend access to any or all of the Websites, or close any or all of the Websites indefinitely. Any of the material on any or all of Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

We collect and use information about you in accordance with our Privacy Policy. By using any or all of the Websites, you consent to such collection and use, and you represent and warrant that all data provided by you, whether actively provided by affirmative submission of such data or otherwise, is accurate.

Linking to the Websites

You may link to any or all of our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not portray such a linkage as suggesting any form of association, affiliation, approval, or endorsement on our part where none exists. If you link to any or all of our Websites, you may only do so on a website that is owned by you. The website from which you are linking to our Website must comply, in all respects, with the Content Standards set out in these Terms of Use. The Websites must not be framed on other websites or web pages, nor may you link to any part of any of the Websites other than that Website’s homepage.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, in our sole discretion.

Links from the Websites

If any or all of the Websites contain links to other websites or resources provided by third parties, these links are provided for your convenience only. This includes links, including banner advertisements, from or to advertisers. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to or on our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Company is located in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of their contents are accessible or appropriate outside of the United States. Access to any or all of the Websites may not be legal by certain persons or in certain countries. If you access any or all of the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or any or all of the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OR ALL OF OUR WEBSITES OR ANY WEBSITE LINKED TO ANY OR ALL OF OUR WEBSITES, ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES OR THROUGH ANY WEBSITE LINKED TO ANY OR ALL OF OUR WEBSITES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE ON OR POSTED ON ANY OR ALL OF OUR WEBSITES OR ON ANY WEBSITE LINKED TO ANY OR ALL OF OUR WEBSITES. 

YOUR USE OF ANY OR ALL OF OUR WEBSITES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF THE COMPANY, ITS PRINCIPALS, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OR ALL OF OUR WEBSITES. WITHOUT LIMITATION TO THE AFOREMENTIONED, NONE OF THE COMPANY, ITS PRINCIPALS, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY OR ALL OF OUR WEBSITES, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER(S) THAT MAKES THE WEBSITE(S) AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OR ALL OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING—BUT NOT LIMITED TO—ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE AFOREMENTIONED DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, PRINCIPALS, EMPLOYEES, OR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, OR ANY COLLECTIVE THEREOF, BE LIABLE FOR DAMAGES OR OTHER LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE ANY OR ALL OF OUR WEBSITES OR ANY WEBSITES LINKED TO OR FROM ANY OR ALL OF OUR WEBSITES, ANY CONTENT ON ANY OR ALL OF OUR WEBSITES OR ON ANY WEBSITES LINKED TO OR FROM ANY OR ALL OF OUR WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OR ALL OF OUR WEBSITES OR ANY WEBSITES LINKED TO OR FROM ANY OR ALL OF OUR WEBSITES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY COMBINATION THEREOF, FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, OR ANY COMBINATION THEREOF. MOREOVER, THIS LIMITATION ON LIABILITY APPLIES WHETHER THE PURPORTED LIABILITY ARISES OUT OF TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF THE HARM, LIABILITY, OR OTHER RELEVANT FACTOR IS FORESEEABLE.

THE AFOREMENTIONED LIMITATION ON LIABILITY DOES NOT AFFECT ANY LIABILITY OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its principals, employees, affiliates, and licensors, and the Company’s, principals’, employees’, affiliates, and licensors’ respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) resulting from your use of any or all of the Websites and/or from your violation of the Terms of Use and/or Privacy Policy, including—but not limited to—any use of any or all of the Websites’ contents, intellectual property, services, or products, other than as expressly authorized in the Terms of Use, your use of any information obtained from any or all of the Websites, or in any intellectual property dispute arising from your submission of any User Contributions or other use of any or all of the Websites.

Arbitration, Governing Law, and Jurisdiction

At the Company’s option, any controversy, claim, or dispute arising out of, or relating to, these Terms of Use, the subject matter of the Terms of Use, the formation of the Terms of Use, or agreement to these Terms of Use shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Should a dispute arise as to the arbitrability of any controversy, claim, or dispute arising out of, or relating these Terms of Use, the subject matter of the Terms of Use, the formation of the Terms of Use, or agreement to these Terms of Use, the Company reserves the right to compel the issue of arbitrability to arbitration.

Any legal suit, action (including an arbitration action), or proceeding arising out of, or related to, these Terms of Use or any or all of the Websites shall be governed and construed by the laws of the State of Iowa, exclusive of any choice of law rules that could give rise to application of the substantive law of another jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or any or all of the Websites shall be instituted exclusively in the United States Court for the Northern District of Iowa, or in the courts of the State of Iowa. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence, country of residence if other than the United States, or in any other relevant country. 

You agree to waive any and all objections to venue in such courts and to the exercise of jurisdiction over you by such courts.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other arbitration or proceeding, there is no right or authority for any dispute to be arbitrated or resolved on a class action, collective action, or other aggregated action basis or to utilize any class action, collective action, or other aggregated action procedures, and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that any controversy or claim, whether a formal or informal proceeding, in court, arbitration, or some other dispute resolution process shall be permitted to proceed only on an individual basis and shall not be consolidated with any claim or controversy of any other party, unless agreed to by the Company, at its sole discretion.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY OR ALL OF THE WEBSITES, THE FORMATION OF THE TERMS OF USE, OR AGREEMENT TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition, or any other term or condition, or any combination thereof, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision, or any other right or provision, or any combination thereof.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to render that provision legal, valid, and enforceable. If the provision cannot be so modified, it shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Privacy Policy, together, constitute the sole and entire agreement between you and the Company with respect to the Websites and any User Contributions you may submit and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to any or all of the Websites and any User Contributions you may submit.

 Survival

The provisions of these Terms of Use which, by their nature, should survive the termination of this agreement shall survive such termination. Such survival includes, but is not limited to the restrictions, disclaimers, limitations, our rights to use User Contributions, and rules regarding dispute resolution, as the aforementioned restrictions, disclaimers, limitations, rights, and rules regarding dispute resolution are set forth in the sections entitled: “Intellectual Property Rights;” “Company Trademarks;” “Rights to User Contributions;” “Monitoring and Enforcement; Termination;” “Disclaimer of Warranties;” “Limitation on Liability;” “Indemnification;” “Arbitration, Governing Law, and Jurisdiction;” “Class Action Waiver;” and “Limitation on Time to File Claims.” Additionally, the provisions regarding waiver and severability, set forth in the section entitled “Waiver and Severability” shall survive termination of this agreement.

Contact Information

If you have any questions or copyright concerns about these Terms of Use or any or all of the Websites, please contact us via email at hello@TakesABreak.com, by phone at (682) 200-6598 or by regular mail at the following address:

Kristia Benthien

565 Pennsylvania Ave NW

Washington, D.C. 20001

Effective Date: August 21, 2020