All members must agree to the following terms and conditions. PLEASE READ THE TERMS CAREFULLY. BY CLICKING "I ACCEPT" DURING ACCOUNT REGISTRATION AND USING THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE. Logging into restwise.com constitutes your acceptance of this User Agreement.
This Service Agreement (the "Agreement") is by and between Recovery Science & Technology, LLC ("ReST"), owner and operator of the restwise.com website (RESTWISE), and the person acknowledging this Agreement ("Member"), who seeks to establish a RESTWISE account ("Account").
ReST is a transaction intermediary engaged in the facilitation of electronic commerce. ReST agrees to provide Member access to the electronic recovery analysis service (the "Service") which will permit the processing, storage, retrieval and transmission of data submitted by Member (the "Member Data") under the terms and conditions set forth in this Agreement. ReST may change Service features and functionality, as well as the terms and conditions of this Agreement, from time to time. Notice of such changes will be posted on RESTWISE, which Member agrees to review periodically.
a. Age Restrictions. You may not create an Account unless you are 13 years of age or older.
b. Your Account Information. By submitting a registration form or creating a password on the Site, yourepresent to us that (a) you meet any age restrictions posted on the registration page(s) and (b) the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
c. You are responsible for maintaining the confidentiality ofpassword and you are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at support@restwise.com.
ReST hereby grants Member a non-exclusive, limited license to use RESTWISE software (the "Software") solely in connection with Member's use of the Service. Member shall not, and shall not permit, assist or allow others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or recreate the Software. Member shall not modify the Software, or sublicense or charge others to use or access the Software, or use the Software in any way not expressly authorized by this Agreement.
Member's use of the Service may result in fees as will be set forth on RESTWISE. The Service fees and charges may be changed by ReST from time to time by providing Member with thirty (30) days prior notice posted on RESTWISE.
Member shall be required to pay the fees up front for the term of the plan that Member selects prior to obtaining access to an Account. All plans automatically renew at the rate posted on RESTWISE on the day of renewal, unless Member terminates the Account within the time specified in Member's plan before Member's plan is scheduled to renew. ReST will not provide any refund upon termination, but Member will continue to have Account until the expiration of the plan's term.
Fees for Member renewals will be billed in the same manner in which the Member initially paid for the Account. If the Account was established with a credit card ReST will charge fees directly to the Member's credit card. If the Account was established without a credit card, Member agrees to pay said fees within thirty (30) days of receipt of the ReS invoice. Member shall pay on all amounts past due, that have not been disputed specifically in writing and in good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate not prohibited by law in the Commonwealth of Massachusetts. Member shall be liable for all attorney and collection fees arising from ReST's efforts to collect unpaid balances.
Member agrees to pay all state and local sales, use, property or other taxes, except for taxes on ReST's net income, which may be assessed against ReST with respect to this Agreement and any services provided hereunder. At its option, ReST may include such taxes in its invoices, in which event Member shall pay to ReST the taxes so invoiced.
The following obligations will survive the termination of the Agreement for any reason: (a) indemnification; (b) obligations to make payments of amounts that become due under this Agreement before termination; and (c) any other provision hereof where the context of such provision indicates an intent that it shall survive the term or termination of this Agreement.
a. Term. We will provide the Service to Member commencing upon the payment and completion of the registration of Account for the term selected unless the Account is terminated before the end of the term as permitted in this Agreement.
b. Termination for Cause. We reserve the right to disable Member's password and terminate access to Member's Account if Member fails to comply with this Agreement, including without limitation, failing to comply with the password restrictions or providing false Account Information. If we do so, we may also choose to delete Member Account Information. We will not provide any refund if an Account is terminated for cause.
c. Other Termination. We have the right to cease providing the Services at any time. If we terminate the Services, we will provide Member with a pro rata refund for the remaining portion of the term of Member's Account.
The following obligations will survive the termination of the Agreement for any reason: (a) indemnification; (b) obligations to make payments of amounts that become due under this Agreement before termination; and (c) any other provision hereof where the context of such provision indicates an intent that it shall survive the term or termination of this Agreement.
ReST agrees to exercise reasonable care to prevent any unauthorized person or entity from gaining access to the Member Data. Both parties agree to promptly notify the other of any unauthorized access to or use of Member Data or passwords. Both parties agree to use all reasonable efforts to take remedial measures to rectify any such unauthorized access. ReST shall not be liable for any damages incurred by Member in connection with any unauthorized access to or disclosure of Member Data resulting from the actions of Member, any third party, or from the failure of electronic or other security measures.
ReST warrants that the Service shall be provided with due care. EXCEPT FOR THE FOREGOING, ReST DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER. Furthermore, under no circumstances, including negligence, shall ReST be liable to Member or any third party for any lost profits, lost savings, or other indirect, special, cover, exemplary, incidental or consequential damages arising out of the use or inability to use the Service. In no event shall the total liability of ReST for all damages, losses and causes of action whether in contract or tort, including negligence or otherwise, either jointly or severally, exceed the aggregate dollar amount paid by Member to ReST in the twelve (12) months prior to the claimed injury or damage.
ReST strongly encourages that you consult with your physician before participating in any activities or workout programs. ReST is not a licensed health care provider and has no expertise in predicting or treating medical conditions or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise, there is the possibility of physical injury and or death. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
Member understands and agrees that ReST is not liable for the accuracy, truthfulness or validity of any data entered by Member or intermediated through the Service.
Member agrees to indemnify and hold harmless REST and its affiliates, employees, agents, licensors, successors and assigns from all damages and liability, including reasonable attorneys' fees, incurred by: (a) Member's violation of its obligations under this Agreement, (b) the negligence or willful acts of Member, or (c) the violation by Member of ReST's or any third party's rights, including, but not limited to, privacy rights, other property rights, trade secret, proprietary information, trademark, copyright or patent rights and claims for libel and slander or unfair trade practices in connection with the use or operation of the Service. Member's obligation to indemnify shall survive the expiration or termination of this Agreement by either party for any reason.
A. Service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and other similar activities necessary during the operation and upgrade of Service. No reduction of payments will be made in the case of temporary interruption of Service. In no event shall ReST be liable for any damages due to temporary interruption of Service.
B. ReST will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by acts of God, fire, water, riots, acts of Government or any other causes beyond the control of ReST.
C. Because Member will access the Service over the public Internet, temporary disruptions of network connectivity will occur from time to time. Internet traffic is usually routed through many different Internet backbone providers on the way to its destination. ReST will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by any Internet backbone provider.
ReST may use Member's IP address to help diagnose problems with our server, to administer our web site, for internal tracking and monitoring purposes, and to gather broad demographic information. ReST uses cookies for application functions and login purposes, but ReST does not use information from cookies for any marketing purposes, nor does ReST make that information available to third parties. Members who disable their web browsers' ability to accept cookies will not be able to successfully use the service.
RESTWISE is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering system, and order data. Yahoo! automatically collects order information but may only use this information in the aggregate. If you accessed this store through Yahoo! Shopping, Yahoo! also automatically collects information about your shopping experience. Please see the Yahoo! Privacy Policy [http://info.yahoo.com/privacy/us/yahoo/details.html] for more information about how Yahoo! uses this information. The RESTWISE registration process requires Members to provide contact information. ReST may use the contact information from the registration form to send the Member information about our company and services, but in no case will ReST make your contact information available to any third party.
A. This Agreement constitutes the entire Agreement between ReST and Member, and expressly supersedes any prior or contemporaneous written or oral agreements between the parties regarding the subject matter hereof, including without limitation any unilateral offer, purchase order or other similar instrument in writing. This Agreement may not be amended, altered or changed except by a written agreement signed by both parties.
B. In the event that any court having jurisdiction shall determine that any provision contained in the Agreement is unreasonable or unenforceable in any respect, then such provision shall be deemed limited to the extent that such court deems it reasonable and enforceable, and as so limited shall remain in full force and effect. In the event that such court shall deem any such provision wholly unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect.
C. Member's rights in this Agreement are personal and are not assignable. ReST may assign its rights and obligations under this Agreement to third parties.
D. This Agreement will be governed by and construed in accordance with the law of the Commonwealth of Massachusetts. The parties agree that any claim, controversy or dispute arising out of or relating to this Agreement shall be settled by final and arbitration to be conducted by an arbitration tribunal in Boston, Massachusetts in accordance with the commercial arbitration rules of the American Arbitration Association, and the decision of the arbitrator(s) shall be binding; provided that ReST may bring or defend an action (1) involving allegations of personal injury to a third party, or (2) for injunctive or other equitable or extraordinary relief, in a court of law.
E. The remedies provided in this Agreement and otherwise at law or in equity are cumulative and not exclusive. The failure by either party to exercise any right or remedy under this Agreement or otherwise available at law or in equity will not be deemed a waiver of any subsequent right or remedy.
F. No person or entity who is not a party to this Agreement shall derive any rights whatsoever hereunder as a third party beneficiary of this Agreement.
The parties acknowledge that they have read the terms and conditions of this Agreement and hereby agree to be bound by the terms thereof. This Agreement will become effective upon Member's acceptance by electronic acknowledgment on the Service website. Each time Member logs into the Service, Member is reaffirming continued acceptance of this Agreement.
