TERMS OF USE

1. ACCEPTANCE OF TERMS

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The R&Co website is available at www.reneecompany.com, and www.scroll.care, the mobile applications, all related sites, and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including any printed materials, are owned and operated by Renée & Company and can only be accessed and used by you under the Terms of Use described below.

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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

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2. MODIFICATIONS OF TERMS OF USE

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R&Co may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modification date without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of changes.

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YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH A POSTING (OR ANY CHANGE NOTIFICATION) SIGNIFIES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

 

3. USE OF THE SITE AND SERVICES

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Subject to full compliance with these Terms of Use, R&Co grants authorized users and providers a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services to participate in the management of a Care Recipient’s Care Plan. You agree to not access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their content for any purpose except for your personal use as described in these Terms of Use, without the express wrote consent of R&Co. We reserve the right to refuse service, terminate accounts, remove content, or edit content at our sole discretion.

 

4. USER CONDUCT

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(a) User Eligibility

 

When you create an Account with us, you represent and warrant the following: 

• You are at least 18 years of age. 

• You are authorized to either create a Care Plan for the Care Recipient or participate in a Care Plan for the Care Recipient.

• You are a permanent resident of the United States of America,

• The Care Recipient is currently residing in the United States of America.

• We may, in our sole discretion, refuse to offer the Service or grant access to you or any other Member (or amend your access to the Care Plan) at any time and for any reason.

 

(b) Accounts

 

To use the Service, you must create a password-protected account ("Account"). Creating an Account requires you to provide your email address, name, and password. Your email address may not contain a name or trademark subject to any rights of another person or entity other than you without appropriate authorization. You may not use an email address that is offensive, vulgar, or obscene.

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You are the sole authorized user of your Account and are responsible for keeping your Account safe and secure from unauthorized access. You accept responsibility for any activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. R&Co is not liable for any losses or harm incurred by you or a third party due to the unauthorized use of your Account.

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In addition, you represent and warrant that the information you provide concerning your Account is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your computer and Account.

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You hereby grant, subject to the Privacy Policy, R&Co a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use your information to perform and improve upon the Service.

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(c) Restrictions

 

You represent and warrant that your actions and the information you provide, whether such information is provided via the Service, a telephone call, e-mail, or other communication (a) do not infringe, violate, or misappropriate any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; (b) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (c) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (d) will not be obscene or contain child pornography or be harmful to minors; (e) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and (f) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

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1. In addition, you agree to refrain from engaging in the following types of behavior in your interactions with the Service: (a) copyright or trademark infringement; (b) hacking; (c) privacy or confidentiality violations; (d) interfering with, interrupting, destroying, or limiting the functionality of the Service (including attempts to do any of the aforementioned); (e) harassment or stalking; (f) impersonating any person or entity; or (g) encouraging anyone to engage in any of the aforementioned behaviors.

2. Your access to and use of the R&Co community is limited to its use as an Internet forum to share care-related thoughts and ideas and to participate in encouraging and supportive discussions. Use of R&Co for any other purpose, including any unauthorized, fraudulent, illegal, obscene, deleterious, or other use harmful to R&Co or any third party, is strictly prohibited.

 

The preceding is not an exhaustive list of prohibited types of conduct while using the Service. In our sole discretion, we reserve the right to take action as we deem necessary against any behavior we believe violates this Agreement.

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(d) Invitations

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If you invite another person to use the Service, R&Co will send invitations on your behalf to such person's email address for the purpose of inviting them to use the Service. By providing R&Co with such person's email address, name, and an optional message, you represent to us that you are authorized to share such invitee's e-mail address and name with us, and you authorize us to invite them and to send them any message you include in your invitation and any reminders to join the Service. R&Co is not responsible for any accidental or unauthorized access granted to an individual or entity.

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NEITHER R&CO. NOR ANY OF OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, AND LEGAL REPRESENTATIVES ARE RESPONSIBLE FOR THE ACTS OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE, AND YOU HEREBY RELEASE R&CO. AND OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, AND LEGAL REPRESENTATIVES FROM ANY LIABILITY, CLAIM, INJURY, LOSS, OR DAMAGE INCURRED BY YOU OR A THIRD PARTY ARISING OUT OF OR RESULTING FROM AN IMPROPER INVITATION OR OTHER COMMUNICATION THAT WAS SENT BY YOU OR ANOTHER MEMBER.

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(e) Content

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From time to time, we may publish or make available to you content (including, without limitation, articles, texts, guides, documents, data, images, interactive features, software, graphics, forms, and videos) that we believe will help you in making healthcare decisions for the Care Recipient ("R&Co Content"). R&Co Content is protected by copyright, trademark, and other proprietary domestic and international laws. R&Co exclusively owns all rights, title, and interest in and to the R&Co Content.

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(f) R&Co. Service and Providers

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The R&Co service includes a technology solution that allows individuals to manage the healthcare of their family members, themselves, or others. You agree not to hold R&Co liable for any losses or damages that may be incurred by you or a third party as a result of your use of the service. In addition, in the event that you agree to work with a member of the R&Co Providers through the service or technology, you understand and agree that R&Co is not a party to any contract or agreement between you and that member of your Care Team.

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WHILE R&CO. SCREENS AND RUNS BACKGROUND CHECKS ON ITS EMPLOYEES AND PROVIDERS, R&CO. DOES NOT MAKE ANY GUARANTEES AND DISCLAIMS ALL WARRANTIES AS TO THE RESULTS OF THEIR WORK. AND ALTHOUGH R&CO. RUNS ANNUAL BACKGROUND CHECKS ON ITS PROVIDERS THROUGH A THIRD-PARTY SERVICE, R&CO. DOES NOT SCREEN OR RUN BACKGROUND CHECKS ON ANY OTHER THIRD PARTIES OUTSIDE OF ITS NETWORK THAT MAY BE RECOMMENDED TO YOU. YOU AGREE NOT TO HOLD R&CO. LIABLE, OR MAKE ANY CLAIMS AGAINST R&CO. BASED ON ANY ACTIONS OR OMISSIONS OF THE CARE TEAM OR ANY THIRD-PARTY RECOMMENDED OR COORDINATED BY US.

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(G) Availability of the Service

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We reserve the right to make changes to the offerings and functionality of our services without prior notice to you. We may also limit, restrict, or remove the features offered on our service. In our sole discretion, we may limit, suspend, or terminate Accounts if they violate this Agreement. We also reserve the right to deny access to our service to anyone for any reason.

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5. INTELLECTUAL PROPERTY RIGHTS

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The service and its associated technology (“platform”) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by R&Co, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use the platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our platforms, except as follows:

• Accessing and printing your proprietary and customized Care Plan.

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You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the platform without our prior written consent.

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If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the platform in breach of the Terms of Use, your right to use the platform 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 platform or any content on the platform is transferred to you, and all rights not expressly granted are reserved by R&Co. Any use of the platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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6. TRADEMARKS

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The R&Co name and all related names, logos, product and service names, designs and slogans are trademarks of R&Co or its affiliates or licensors. You must not use such marks without the prior written permission of R&Co. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

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7. MEDICAL, LEGAL OR PROFESSIONAL ADVICE

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The information presented on or through the services and technology platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, is made available for information purposes only. It does not constitute or replace any professional medical advice, diagnosis, treatment, or recommendation of any kind. You should always seek the advice of a qualified healthcare professional with any questions or concerns you may have regarding the care or medical needs of yourself or your loved ones.

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The information provided on the services and technology platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, does not, and is not intended to, constitute legal or other professional advice. Instead, all such information is for informational purposes only. You should contact your attorney or respective professional to obtain advice with respect to a particular legal matter. You should not act or refrain from acting on the basis of any information on the platform without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances the information and other materials available on the platform is applicable or appropriate to your particular situation. Use of, and access to, the platform or any of the resources contained on the platform do not create an attorney-client relationship between You and R&Co.

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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 visitor to the platform, or by anyone who may be informed of any of its contents.

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Our services and technology platform includes content provided by third parties, including materials provided by other users, third-party licensors, and Care Professionals and Coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by R&Co are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of R&Co. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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8. IN CASE OF EMERGENCIES

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IF YOU BELIEVE YOU OR YOUR LOVED ONE HAS AN EMERGENCY OR OTHER LIFE-THREATENING SITUATION, CALL 9-1-1 IMMEDIATELY.

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The services and technology platform are not for medical emergencies or other urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the platform.

 

9. PAYMENTS

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In order to use our Service, R&Co and associated services and technologies charge a fee ("Fee"). The Fee for your account may be covered by an employer or another third party, or you may pay for the Fee yourself. If the Fee is covered by your employer or another third party, the terms of such payment will be governed by a separate agreement between R&Co and that third party. If a third party does not cover the Fee, you will be required to pay the Fee yourself. In that event, you agree to pay the Fees, and you will pay all Fees by the billing terms that are then in effect.

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If you cancel your Account, you will not receive a refund of any pre-paid Fees, and you will be responsible for any Fees outstanding through the effective cancellation date of your Account.

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R&Co uses third-party payment processors to process your payments. By agreeing to these Terms, you agree to act by the terms of service of third-party payment processors.

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10. PRIVACY AND INFORMATION OBTAINED ABOUT YOU

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We obtain information from and about you in our effort to deliver services and technology to you. We will use this information in accordance with our Privacy Policy, which thoroughly describes our privacy practices as well as your choices with respect to using the data we collect from your usage. Please take a moment to review these policies. By using our technologies, you are consenting to all our actions with respect to your information unless directed otherwise in writing.

 

11. THIRD PARTIES AND PROVIDERS

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The R&Co Service and Technology may recommend, coordinate services with and/or contain links to third party websites or services that are not owned, operated, or controlled by R&Co ("Third Parties" and “Providers”). We do not have any control over, and assume no responsibility for, the content, privacy policies, offerings, actions, omissions or practices of any such Third Parties and Providers, and you access and use them at your own risk.

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WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERINGS OF ANY THIRD PARTIES OR THE OWNERS AND OPERATORS OF SUCH THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT R&CO. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTIES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY THAT YOU USE OR VISIT, AND YOU DO SO AT YOUR OWN RISK.

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12. GEOGRAPHIC RESTRICTIONS

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R&Co and its associated companies are located in the state of California in the United States. We provide this Service and technology in compliance with the rules and regulations of the United States. And we make no claims that these Services or any of its content is accessible or appropriate outside of the United States. Access to this technology may not be legal by certain persons or in certain countries. If you access the services or technology from outside the United States, you do so at your initiative and are responsible for compliance with local laws.

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13. WARRANTY DISCLAIMER

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YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WELLTHY, ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. MEMBERS OF THE CARE TEAM ARE NOT LAWYERS, ACCOUNTANTS, FINANCIAL ADVISORS, DOCTORS, NURSES, OR OTHER HEALTHCARE PRACTITIONERS, AND ANY COMMUNICATION WITH THEM DOES NOT CONSTITUTE LEGAL, MEDICAL, OR FINANCIAL ADVICE. THE USE OF R&CO. CONTENT DOES NOT REPLACE THE NEED TO SPEAK WITH A LAWYER, ACCOUNTANT, FINANCIAL ADVISOR, OR HEALTH CARE PRACTITIONER ABOUT A CARE RECIPIENT’S NEEDS, AND R&CO. EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN A A MEMBER OF THE CARE TEAM OR ANY OTHER MEMBER

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14. LIMITATION OF LIABILITY

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In no event will R&Co, its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors be liable for consequential, indirect, incidental, special, exemplary, special, punitive, or enhanced damages arising out of, or relating to, and in connection with your use, or inability to use, the Services and Technology platform, any platforms linked to it, any content on the forum or such other platforms, or any services obtained through the platform or such other platforms, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, regardless of (a) whether such damages were foreseeable; (b) whether or not R&Co was advised of the possibility of such damages; and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

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In no event shall R&Co’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid to R&Co for your access to and use of, the platform under this agreement in the twelve (12) period preceding the event giving rise to the claim.

 

15. INDEMNIFICATION

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You agree to defend, indemnify and hold harmless R&Co, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services and Technology Platform, including, but not limited to, your User Messages, any use of the platforms content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the platform.

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16. EXCLUSIONS

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Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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17. LIMITATION ON TIME TO FILE CLAIMS

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

 

18. ENTIRE AGREEMENT

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This Agreement constitutes a single integrated contract expressing the entire agreement between you and R&Co and its affiliates and technology with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.

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19. SEVERABILITY

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If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of the Agreement shall remain operative and binding.

 

20. CONTACT

 

If you have any questions about this Agreement, please contact us at:

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Renee & Company

3 Sego Court

Sacramento CA 98535

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Toll-free: 1.844.661.2369

 

reneecompany.com

Scroll.care

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I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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