Current policy effective as of 5/1/2016
By using this site, you hereby agree that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact us at email@example.com.
The Site allows you to learn about and purchase Restin massage chairs and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours or operation or availability of the Site or of any product or feature, without notice or liability.
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication appear “in writing.” We may also communicate with you via telephone; should you prefer to not be contacted via telephone, please let us know that you do not want to be contacted that way.
You may not use the Site unless you are over the age of 13.
If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
You may not copy or use any of the Content and Intellectual Property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of Restin and/or third parties with whom Restin has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, and trademark laws.
The source code and compilation of this Site are likewise the exclusive property of Restin and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the authorized use of this Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site and/or Restin Products (collectively the “Restin Marks”) are the exclusive property of Restin and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owned by third parties with whom we have a relationship. You may not display or use the Restin Marks (or Marks of third parties displayed on this Site) without our prior written authorization (or prior authorization from the applicable third party).
Please contact us at firstname.lastname@example.org if you have questions or concerns about our Content or intellectual property, including whether we are willing to authorize your use of the same.
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do any of the following things (or otherwise to violate any laws or legal rights of anyone else):
You promise to defend, indemnify, and hold harmless Restin (including its employees, officers, agents, and advisors) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, arising out of, or relating to any violation of these Terms. We will give you prompt notice of any such claim, actions, or demands.
You promise that all of the information that you provide to Restin when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
We will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include the applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order.
We do not charge for standard shipping within the continental United States on order greater than $500, before taxes and fees.
The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order.
All amounts listed and monetary transactions on and via the Site are in U.S. dollars.
Please refer to our 100-Day Trial Policy and Limited Warranty to learn about the terms that apply to those Restin offerings. The 100-Day Trial Policy and Limited Warranty are each part of these Terms.
For questions about potential refunds or returns not covered by the 100-Day Trial Policy and Limited Warranty, please contact email@example.com.
Generally, standard shipping is free for customers in the continental United States whose order is greater than $500, before taxes and fees. You may cancel an order anytime prior to shipment.
Restin generally does not offer discounts or special deals to the public. If you want to learn why, please see HERE. From time to time, however, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different than or in addition to these Terms.
Restin offers a lifetime Trade-In Option, which allows customers to exchange a Product purchased directly through our Site or a member of our sales teams towards an upgrade at any time. To qualify for a trade-in, you must (a) be the original purchaser and the current owner of the Restin massage chair (the “Product”) for which you are seeking a trade-in, and (b) have purchased it directly from the website at RESTIN.CO or over the phone with a member of our sales team. ADDITIONALLY, YOU MUST HAVE YOUR ORIGINAL PURCHASE RECEIPT TO QUALIFY FOR A TRADE-IN.
We reserve sole and complete discretion in determining the amount credited for the Product you exchange. We make no guarantees as to the amount you will be credited. Furthermore, you may be responsible for the shipping and handling fees associated with your exchange. If you have any questions about our exchange program, please contact us at firstname.lastname@example.org
From time to time, Restin may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are relevant and appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.
We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant Restin the perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. You may waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to Restin (via the site or otherwise), you promise to Restin each of the following things:
Restin has no obligation to monitor the Site or Postings to the Site. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation for you. If you do not agree with these terms, please do not submit a Posting.
Restin does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Site, you or your agent should contact Restin in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:
If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Restin a counter-notice describing why you have that belief.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, which can be found at http://www.loc.gov/copyright/.
Notices and counter-notices with respect to the Site should be sent to email@example.com. We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.
Restin is not responsible for any dispute or disagreement between you and another person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Restin from and against all claims, injuries, demands, and exposures or any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve Restin in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, RESTIN (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RESTIN MAKES NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH RESTIN EXPRESSLY DISCLAIMS:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESTIN WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVENT IF RESTIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, RESTIN’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF RESTIN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.
We hope and expect that we will never have a dispute with you. However, if a dispute, claim, or controversy arises out of or relating to these Terms (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Site, or your purchase of Products or use of any service available via the Site, the following rules and procedures shall apply.
A. Informal Dispute Resolution. You and Restin each hereby agree that you will try in good faith to resolve such Dispute informally. If you wish to initiate this formal process, you should send a notice clearly marked “Notice of Dispute,” and containing a brief written statement setting forth your name, address, and contact information, the facts giving rise to your Dispute, and the relief you are seeking. You must send any such notice to Restin at firstname.lastname@example.org. We will contact you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us. You and Restin agree to use reasonable, good faith efforts to settle any Dispute through consultation, communication, and negotiations within thirty (30) days of your submission of such notice. If a dispute is not resolved within thirty (30) days of such submission, you or Restin may resort to the procedures described in the remainder of this section. If we have a dispute with you, we will follow the same process, except that we will initiate the process by sending the “Notice of Dispute” to you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us.
B. Mandatory Arbitration. In the event that you and Restin are unable to resolve a dispute through informal discussions within thirty (30) days of the “Notice of Dispute” (as described above), you and Restin agree to resolve such dispute through final and binding arbitration, except as set forth under the “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.
Opt-Out of Agreement to Arbitrate
You can decline this agreement to arbitrate within thirty (30) days of your first use of the Site or the date on which you purchased a Restin Product (whichever is later) by contacting email@example.com in a writing (including via email) clearly marked “Opt-Out of Agreement to Arbitrate” that states you decline this arbitration agreement.
If you do not opt out, you and Restin each agree to submit to the personal and exclusive arbitration any dispute arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling AAA at 1-800-778-7879.
The arbitration shall be held in the United States county where you live or work, or in Washington, D.C., unless you and Restin otherwise agree in writing. You may not, and you promise not to, initiate any legal action or proceeding against Restin (including its employees, officers, agents, and advisors) in any other forum or location.
Restin will pay all filing and arbitration fees for claims of less than $10,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are responsible for any other costs that you may incur in connection with the arbitration, including but not limited to attorney’s fees and expert witness costs, unless Restin is otherwise specifically required to pay such fees under applicable law. For claims that total more than $10,000, the AAA Rules shall govern payment of filing fees and arbitration fees. You and Restin agree not to seek attorneys’ fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.
You agree that you may resolve any Dispute with us only on an individual basis, and that you may not bring an claim or demand as a plaintiff or, or otherwise participate as part of, an purported class, consolidated, or representative action or proceeding. Further, unless you and Restin otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding. You therefore acknowledge and understand that each of the following restrictions applies to any Dispute you have with Restin (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Site, purchase of any Products, or these Terms:
If any court or arbitrator determines that the class, consolidated, representative action waiver set forth in this section is void or unenforceable for any reason or that the arbitration may proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in Washington, D.C. You and Restin each irrevocably consent to venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on failure of service of process). You and Restin also each agree to waive our right to a jury trial in these circumstances.
C. Exceptions. Either you or Restin may bring a lawsuit for injunctive relief to prevent and/or to stop unauthorized use or abuse of the Site or any actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the formal dispute resolution and arbitration processes described above.
D. Choice of Law. These Terms and the relationship between you and Restin shall in all cases be governed by the laws of the District of Columbia without reference or recourse to its choice or law or conflicts of law principles.
We welcome your comments, suggestions, and ideas about the Site, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions, secrets, or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with firstname.lastname@example.org.
Although we highly doubt that we will ever have to do so for any reason, we do reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Site without notice or attendant liability. Upon termination, these Terms will still apply.
We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Current Policy effective as of _______” date at the top of these Terms each time they are revised, but please contact email@example.com if you have questions about whether we have changed or updated any other Terms or about which version of the Terms applies to you. You may wish to review these Terms regularly to ensure that you are aware of any changes or updates.
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
These Terms constitute the entire agreement between you and Restin with respect to the Site and supersede all prior or contemporaneous communications relating to the Site. Any rights not expressly granted herein are reserved.