Terms of Use
Last Modified: February 2026Acceptance of the Terms of Use.These terms of use are entered into by and between You and 3B Medical, Inc. d/b/a React Health ("React Health," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of ReactHealth.com, including any content, functionality and services offered on or through ReactHealth.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website 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 be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.reacthealth.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is intended for use by persons located in the United States who are 18 years of age or older. The Website is not intended for or directed to children under 18 years of age, and we do not knowingly collect personal information from children under 18. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.Changes to the Terms of Use.We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. For material changes, we will provide notice, such as by posting a prominent notice on the Website or by sending an email to registered users.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.Accessing the Website and Account Security.We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You are responsible for maintaining the accuracy of your account information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you 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 username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.Intellectual Property Rights.The Website 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 React Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use grant you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website 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 Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@reacthealth.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by React Health. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.Trademarks. The React Health name, the terms 3B™, 3B Logo, 3B Touch Point®, Adherence Score®, Aer X®, Aer X Sport®, Aroma X®, AutoAdjust®, Auto Plus™, Comfort Touch, Elara™, FlexSet®, Flow Rounding™, Freedom X™, iCodeConnect™, IntelliPap®, Lumin®, Lumin Bullet®, Numa™, PulseDose®, Qube™, React Health™, Rio®, SleepCube™, SleepCube Auto Plus™, SleepCube Auto Plus™ with Smart Flex, SmartCall™, SmartCode®, SmartCode Adherence Score®, SmartFlex®, Sport X®, Ultra Noir™, Viva™, the React Health logo and all related names, logos, product and service names, designs and slogans are trademarks of React Health or its affiliates or licensors. You must not use such marks without the prior written permission of React Health. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.Prohibited Uses.You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- 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 US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate React Health, a React Health employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm React Health or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, scraper, data mining tool, or other automatic device, process or means to access the Website for any purpose, including monitoring, copying, or extracting any of the material on the Website, without our prior written permission.
- Use any content, data, or materials from the Website to train, fine-tune, or improve any machine learning or artificial intelligence models.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions.The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any such material for any purpose. You also, to the extent permitted by applicable law, waive any moral rights or rights of attribution or integrity in and to your User Contributions.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not React Health, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.Feedback. If you provide us with any suggestions, ideas, proposals, or other feedback concerning the Website or our products or services ("Feedback"), you assign to React Health all right, title, and interest in and to such Feedback. To the extent such assignment is ineffective, you grant React Health a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit the Feedback for any purpose without restriction, attribution, or compensation to you.Monitoring and Enforcement; Termination.We have the right to:
- Remove or refuse to post any User Contributions for any 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, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for React Health.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS REACT HEALTH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot 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 party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.Content Standards.These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (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 these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reviews and Testimonials. If you submit a review, testimonial, or endorsement, you represent that it reflects your honest opinions, findings, beliefs, and actual experiences. If you received any compensation, free products, or other incentives in exchange for the submission, you must clearly and conspicuously disclose that fact in your submission.No Medical Advice.The content provided on this Website, including text, graphics, and other material, is for informational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment.
The information presented on this Website is intended only to describe React Health products as cleared or approved by the U.S. Food and Drug Administration or other applicable regulatory authorities. Nothing on this Website is intended to promote or suggest the use of any product in a manner that is inconsistent with its cleared or approved labeling. Healthcare professionals should refer to the applicable Instructions for Use (IFU) and product labeling for complete information regarding indications, contraindications, warnings, and precautions.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
In the event of a conflict between information on this Website and the official product labeling or Instructions For Use (IFU) for any product, the product labeling and IFU shall control.
Information on this Website does not constitute advice regarding billing, coding, coverage, or reimbursement for any product or service; you are responsible for consulting with your payors and healthcare providers.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Reliance on any information provided on the Website is solely at your own risk.Reliance on Information Posted.The information presented on or through the Website 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 visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 React Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of React Health. 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.Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website 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. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.Online Purchases and Other Terms and Conditions. All purchases through our site or other transactions for the sale of goods or services formed through the Website are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. In the event of a conflict between these Terms of Use and the Terms of Sale with respect to a purchase, the Terms of Sale shall control. Additional terms and conditions may also apply to specific portions, services, or features of the Website, including promotions, which are hereby incorporated by this reference into these Terms of Use.Linking to the Website and Social Media Features.You may link to our homepage, 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 establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.Geographic Restrictions. The owner of the Website is based in the State of Ohio in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.Export Controls. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any list subject to U.S. embargo, sanctions, or export controls. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from React Health, or any products utilizing such data, in violation of the United States export laws or regulations.U.S. Government Restricted Rights. The Website and related software and documentation are "commercial items" as defined in FAR 2.101. If the software is licensed by or on behalf of a U.S. government agency, this license is provided with only those rights as are granted to all other users pursuant to the terms and conditions herein, in accordance with FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable.Disclaimer of Warranties.You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REACT HEALTH NOR ANY PERSON ASSOCIATED WITH REACT HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER REACT HEALTH NOR ANYONE ASSOCIATED WITH REACT HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, REACT HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REACT HEALTH OR ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, REGARDLESS OF THE FORM OF ACTION. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF REACT HEALTH AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1,000) OR THE AMOUNT YOU HAVE PAID TO REACT HEALTH FOR THE APPLICABLE PRODUCTS OR SERVICES IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or for death or bodily injury caused by our products. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, including certain consumer protection rights, product liability claims, or rights related to data security breaches where required by statute.Indemnification. You agree to defend, indemnify and hold harmless React Health, 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 third-party 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 Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.Governing Law and Jurisdiction.All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
For any dispute not subject to arbitration, or where no arbitration award is entered, you agree that any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in Franklin County, Ohio.Arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Website shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"). The arbitration shall be conducted in the English language before a single arbitrator, and the seat of arbitration shall be in the City of Dublin, State of Ohio, unless otherwise mutually agreed by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA Rules will govern payment of all arbitration fees.
YOU AND REACT HEALTH AGREE THAT EACH 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. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void with respect to such class or representative claims, which shall then proceed in a court of competent jurisdiction.
In the event that twenty-five (25) or more similar claims are asserted against React Health by the same or coordinated counsel or are otherwise coordinated (a "Mass Arbitration"), the parties agree to a staged process. Counsel for the claimants and counsel for React Health shall each select twenty-five (25) cases to proceed in individual arbitrations as part of an initial stage. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed until they are selected to proceed. The statute of limitations for all remaining claims shall be tolled from the time the first cases are selected until the remaining claims are selected, withdrawn, or otherwise resolved. After resolution of the initial cases, the parties shall mediate the remaining claims in good faith. If mediation fails, the process repeats. This staged process is designed to facilitate efficient resolution and manage fees in accordance with the AAA Multiple Consumer Case Filing Fee Schedule.
Small Claims Court Carve-Out. Notwithstanding the foregoing, either you or React Health may bring an individual action in small claims court.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration section by sending written notice of your decision to opt out to the address in the "Your Comments and Concerns" section below, within 30 days after first becoming subject to these Terms of Use. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this arbitration agreement.
Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or to address unauthorized access or security breaches.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 THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.Force Majeure. React Health will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or telecommunication breakdown or power outage.Notice for California Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.Waiver and Severability.No waiver by React Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of React Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Survival. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.Entire Agreement. The Terms of Use, our Privacy Policy, and our Terms of Sale (if applicable to a purchase) constitute the sole and entire agreement between you and 3B Medical, Inc. d/b/a React Health regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.Notices and Electronic Communications. By using the Website, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Any notices to React Health must be sent to the address in the "Your Comments and Concerns" section below via certified mail.
Accessibility. We are committed to making our Website content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email us at info@reacthealth.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.Your Comments and Concerns.This website is operated by 3B Medical, Inc. d/b/a React Health, 5475 Rings Road, Suite 550, Dublin, Ohio 43017.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@reacthealth.com.