TERMS AND CONDITIONS
Last updated: March 1, 2022
Please read these Terms and Conditions ("Terms", "Terms and
Conditions") carefully before using the http://www.RestorePatch.com
website and the RestorePatch.com mobile application (together, or
individually, the "Service") operated by Restore Patch LLC ("us",
"we", or "our").
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to
all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have
permission to access the Service.
COMMUNICATIONS
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information
we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or
instructions provided in any email we send.
PURCHASES
If you wish to purchase any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your
billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true,
correct and complete.
The service may employ the use of third party services for the purpose
of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to
these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in
your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS, AND INACCURACIES
We are constantly updating product and service offerings on the
Service. We may experience delays in updating information on the
Service and in our advertising on other web sites. The information
found on the Service may contain errors or inaccuracies and may not be
complete or current. Products or services may be mispriced, described
inaccurately, or unavailable on the Service and we cannot guarantee
the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior
notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed by
rules that are separate from these Terms & Conditions. If you
participate in any Promotions, please review the applicable rules as
well as our Privacy Policy. If the rules for a Promotion conflict with
these Terms and Conditions, the Promotion rules will apply.
CONTENT
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other
material ("Content"). You are responsible for the Content that you
post on or through the Service, including its legality, reliability,
and appropriateness.
By posting Content on or through the Service, You represent and
warrant that: (i) the Content is yours (you own it) and/or you have
the right to use it and the right to grant us the rights and license
as provided in these Terms, and (ii) that the posting of your Content
on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of
any person or entity. We reserve the right to terminate the account of
anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post
or display on or through the Service and you are responsible for
protecting those rights. We take no responsibility and assume no
liability for Content you or any third party posts on or through the
Service. However, by posting Content using the Service you grant us
the right and license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through the
Service. You agree that this license includes the right for us to make
your Content available to other users of the Service, who may also use
your Content subject to these Terms.
Restore Patch LLC has the right but not the obligation to monitor and
edit all Content provided by users. In addition, Content found on or
through this Service are the property of Restore Patch LLC or used
with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or for personal gain, without express
advance written permission from us.
ACCOUNTS
When you create an account with us, you guarantee that you are above
the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your
account on the Service.
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our
Service or a third-party service. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your
account.
You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than you,
without appropriate authorization. You may not use as a username any
name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in our sole discretion.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Restore Patch LLC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not
be used in connection with any product or service without the prior
written consent of Restore Patch LLC.
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services
that are not owned or controlled by Restore Patch LLC
Restore Patch LLC has no control over, and assumes no responsibility
for the content, privacy policies, or practices of any third party web
sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Restore Patch LLC 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 party web sites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third party web sites or services that you visit.
TERMINATION
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue
using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Restore Patch LLC and
its licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees), resulting from or
arising out of a) your use and access of the Service, by you or any
person using your account and password; b) a breach of these Terms, or
c) Content posted on the Service.
LIMITATION OF LIABILITY
In no event shall Restore Patch LLC, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages,
including without limitation, loss of profits, data, use, goodwill, or
other intangible losses, resulting from (i) your access to or use of
or inability to access or use the Service; (ii) any conduct or content
of any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we
have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential
purpose.
DISCLAIMER
Your use of the Service is at your sole 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.
Restore Patch LLC its subsidiaries, affiliates, and its licensors do
not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects
will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.
EXCLUSIONS
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.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the
laws of Colorado, United States, without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms will not
be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service, and
supersede and replace any prior agreements we might have had between
us regarding the Service. In no event shall Restore Patch LLC be
liable for any special, direct, indirect, consequential, or incidental
damages or any damages whatsoever, whether in an action of contract,
negligence or other tort, arising out of or in connection with the use
of the Service or the contents of the Service. Restore Patch LLC
reserves the right to make additions, deletions, or modification to
the contents on the Service at any time without prior notice.
Restore Patch LLC does not warrant that the Service is free of viruses
or other harmful components.
MEDICAL ADVICE DISCLAIMER
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This information,
including but not limited to, text, graphics, images, and other
material contained on this website are for informational purposed
only. No material on this site is intended to be a substitute for
professional medical advice, diagnosis, or treatment. Always seek the
advice of your physician or other qualified health care provider with
any questions you may have regarding a medical condition or treatment
and before undertaking a new health care regimen, and never disregard
professional medical advice or delay in seeking it because of
something you have read of this website.
MEDICAL DISCLAIMER
You understand that any information and content such as text,
graphics, and images found within our website is for general
education, entertainment, and informational purposes only. You
understand that such information is not intended nor otherwise implied
to be medical advice or a substitute for medical advice, diagnosis, or
treatment. This website does not guarantee accuracy nor completeness
of the information and content on it, and as a result such information
does not encompass all conditions disorders, health-related issues, or
respective treatments. You understand that you should always consult
your physician or other qualified healthcare provider to determine the
appropriateness of this information for your own situation or if you
have any questions regarding a medical condition, disorder, treatment
plan, or other health-related issues. The website and its owners,
contributors, and assignees expressly disclaim any and all
responsibility for any liability, loss, or risk personal or otherwise,
which may be or is incurred as a direct or indirect consequence of the
use or application of any product, advice, comments or information
contained on this website. In NO EVENT shall we be liable for direct,
indirect, consequential, special, exemplary, or other damages related
to your use of the product or information on our website.
If you think that you may have a medical emergency, call your doctor
or 911 immediately. No action or inaction should be taken based solely
on the contents of this information. Nor should you ever delay seeking
medical advice or treatment due to the products or information
contained on this website.
FITNESS DISCLAIMER
The Service offers health, fitness and nutritional information and is
designed for educational purposes only. You should not rely on this
information as a substitute for, nor does it replace, professional
medical advice, diagnosis, or treatment. If you have any concerns or
questions about your health, you should always consult with a
physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related
advice from your health-care professional because of something you may
have read on the Service. The use of any information provided on the
Service is solely at your own risk.
AFFILIATE DISCLAIMER
This affiliate disclosure details the affiliate relationships of
Restore Patch LLC with other companies and products.
Some of the links are "affiliate links", a link with a special
tracking code. This means if you click on an affiliate link and
purchase the item, we will receive an affiliate commission.
The price of the item is the same whether it is an affiliate link or
not. Regardless, we only recommend products or services we believe
will add value to our readers.
By using the affiliate links, you are helping support the Service, and
we genuinely appreciate your support.
EXTERNAL LINKS DISCLAIMER
http://www.RestorePatch.com website and RestorePatch.com mobile app
may contain links to external websites that are not provided or
maintained by or in any way affiliated with Restore Patch LLC.
RESHIPPING:
If we make a legitimate mistake with your order, we may reship the
item and incur the shipping costs. In all other cases, the customer is
responsible for reshipping charges.
DISCLOSURE
We may disclose your personal information if we are required by law to
do so or if you violate our Terms of Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will provide at
least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole
discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the
Service.
CONTACT US
If you have any questions about these Terms, please contact us.
SMS TERMS OF SERVICE
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised: March 1, 2022
We and together with our partner ReCharge Inc. (hereinafter,
“Recharge”) is offering a mobile messaging program (the “Program”),
which you agree to use and participate in subject to these Mobile
Messaging Terms and Conditions (“Program Terms”). By opting in to or
participating in the Program, you accept and agree to these Program
Terms, including, without limitation, your agreement to resolve any
disputes with us and/or Recharge through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below.
These Program Terms are limited to the Program and are not intended to
modify other agreements or terms and conditions that may govern the
relationship between you and Us, or you and Recharge in other
contexts.
User Agreement to Receive Text Messages
You agree to receive
SMS mobile messages from Us and Recharge at the phone number you
provided when you signed up for your subscription, and any additional
or updated phone number you provide as a contact number in connection
with your subscription. Regardless of how you joined the Program, you
agree that these Program Terms apply to your participation in the
Program. You agree to receive autodialed, prerecorded, or
predetermined mobile messages at the phone number associated with your
subscription, and you understand that your consent to receive these
messages is not required to make any purchase. These messages will
include information on how to manage your subscription and may include
special offers and other promotional content. While you consent to
receive messages sent using an autodialer, the foregoing shall not be
interpreted to suggest or imply that any or all of the mobile messages
you receive from Us or Recharge are sent using an automatic telephone
dialing system (“ATDS” or “autodialer”). Message and data rates may
apply.
User Opt Out
If you do not wish to continue participating in
the Program or no longer agree to these Program Terms, you agree to
reply STOP to any mobile message from Recharge in order to opt out of
the Program. You also may email Recharge with your phone number and
the subscription for which you wish to opt out of the Program at
sms@rechargeapps.com. You may continue to receive SMS messages while
we process your request, and you may receive a mobile message
confirming your decision to opt out. You understand and agree that the
foregoing options are the only reasonable methods of opting out of the
Program. You also understand and agree that any other method of opting
out, including, but not limited to, texting words other than those set
forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program,
including canceling your service plan or selling or transferring the
phone number to another party, you agree that you will complete the
User Opt Out process set forth above prior to ending your use of the
mobile telephone number. You understand and agree that your agreement
to do so is a material part of these terms and conditions. You further
agree that, if you discontinue the use of your mobile telephone number
without notifying Us of such change, you agree that you will be
responsible for all costs (including attorneys’ fees) and liabilities
incurred by Us, Recharge, or any party that assists in the delivery of
the mobile messages, as a result of claims brought by individual(s)
who are later assigned that mobile telephone number. This duty and
agreement shall survive any cancellation or termination of your
agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US AND RECHARGE
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO
COMPLY WITH YOUR DUTY TO NOTIFY US IN ACCORDANCE WITH THIS SECTION,
INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER
PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL
LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US
ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description Without limiting the scope of the Program, users
can expect to receive messages concerning the management of the users
digital subscription, events, available products and services, and
special promotions. Cost and Frequency Message and data rates may
apply. The Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your interaction
with the Program.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Restore Patch LLC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not
be used in connection with any product or service without the prior
written consent of Restore Patch LLC Support Instructions
For support regarding the Program, text “HELP” to the number you
received messages from our email at support@rechargeapps.com. Please
note that the use of this email address is not an acceptable method of
opting out of the program. Opt outs must be submitted in accordance
with the procedures set forth above. Our Disclaimer of Warranty
The Program is offered on an “as-is” basis and may not be available in
all areas at all times and may not continue to work in the event of
product, software, coverage or other changes made by your wireless
carrier. We and Recharge will not be liable for any delays or failures
in the receipt of any mobile messages connected with this Program.
Delivery of mobile messages is subject to effective transmission from
your wireless service provider/network operator and is outside of Our
and Recharge’s control. Participant Requirements
You must have a wireless device of your own, capable of two-way
messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all
cellular phone providers carry the necessary service to participate.
Check your phone capabilities for specific text messaging
instructions. Age Restriction
You may not use or engage with the Platform if you are under thirteen
(13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you
must have your parent’s or legal guardian’s permission to do so. By
using or engaging with the Platform, you acknowledge and agree that
you are not under the age of thirteen (13) years, are between the ages
of thirteen (13) and eighteen (18) and have your parent’s or legal
guardian’s permission to use or engage with the Platform, or are of
adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by
your jurisdiction’s Applicable Law to use and/or engage with the
Platform. Prohibited Content
Your use of the Service is at your sole 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.
Restore Patch LLC its subsidiaries, affiliates, and its licensors do
not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects
will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.
EXCLUSIONS
You acknowledge and agree to not send any prohibited content over the
Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution
In the event that there is a dispute, claim, or
controversy between you and Us, or between you and Recharge or any
other third-party service provider acting on Our behalf to transmit
the mobile messages within the scope of the Program, arising out of or
relating to the Program, federal or state statutory claims, common law
claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, such dispute,
claim, or controversy will be, to the fullest extent permitted by law,
determined through binding arbitration or, if applicable, in small
claims court. Any arbitration shall be administered by the American
Arbitration Association (“AAA”) in accordance with its Commercial
Arbitration Rules or, if applicable, the Consumer Arbitration Rules,
of then in effect. Except as otherwise provided herein, this
arbitration agreement is governed by the Federal Arbitration Act
(“FAA”) and the arbitrator shall apply the substantive laws of
California, without regard to its conflict of laws rules. Within ten
(10) calendar days after the arbitration demand is served upon a
party, the parties must jointly select an arbitrator with at least
five years’ experience as an arbitrator and and have experience with
the subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the AAA
to appoint an arbitrator, under the applicable rules, who must satisfy
the same experience requirements. In the event of a dispute, the
arbitrator shall decide the enforceability and interpretation of this
arbitration agreement in accordance with the “FAA”. The parties also
agree that the AAA’s rules governing Emergency Measures of Protection
shall apply in lieu of seeking emergency injunctive relief from a
court. The decision of the arbitrator shall be final and binding, and
no party shall have rights of appeal except for those provided in
section 10 of the FAA. If allowed for by the applicable rules, each
party shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall have
the power to order one party to pay all or any portion of such fees as
part of a well-reasoned decision. The parties agree that the
arbitrator shall have the authority to award attorneys’ fees only to
the extent expressly authorized by statute or contract. Unless
expressly allowed for by applicable law, the arbitrator shall have no
authority to award punitive damages and each party hereby waives any
right to seek or recover punitive damages with respect to any dispute
resolved by arbitration. The parties agree to arbitrate solely on an
individual basis, and this agreement does not permit class arbitration
or any claims brought as a plaintiff or class member in any class or
representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence,
content, or results of any arbitration without the prior written
consent of both parties, unless to protect or pursue a legal right. If
any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision
in any other jurisdiction. If for any reason a dispute proceeds in
court rather than in arbitration, the parties hereby waive any right
to a jury trial. This arbitration provision shall survive any
cancellation or termination of your agreement to participate in any of
our Programs. Miscellaneous: You warrant and represent to Us that you
have all necessary rights, power, and authority to agree to these
Terms and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will place
you in breach of any other contract or obligation. The failure of
either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless
explicitly stated otherwise in writing. We reserve the right to change
this Agreement from time to time. Any updates to this Agreement shall
be communicated to you. You acknowledge your responsibility to review
this Agreement from time to time and to be aware of any such changes.
By continuing to participate in the Program after any such changes,
you accept this Agreement, as modified.