Effective date: January 7, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR APPLICATION.
RESTOR3D DOES NOT PROVIDE HEALTHCARE SERVICES. IF YOU ARE A PATIENT, THE TERMS AND POLICIES REGARDING THE HEALTHCARE SERVICES YOU RECEIVE ARE GOVERNED BY THE TERMS BETWEEN YOU AND YOUR HEALTHCARE PROVIDER.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE APPLICATION AND SERVICES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
Introduction and Acceptance of Terms and Conditions
The following terms and conditions (“Terms and Conditions” or “Terms”) govern(i) your access to and use of the website owned and operated by restor3d, Inc., a Delaware corporation (“restor3d”), and (ii) the restor3d application, other online or mobile-enabled technology, digital tools and other services and products provided by restor3d (together with the website at www.restor3d.com and in connection with or as part of providing our services, including our user portal (the “User Portal”), or in communicating with you (collectively, the, the “Application”), including as accessed via a third party mobile platform. In theseTerms, “we”, “our”, “us”, and “restor3d” collectively refer to restor3d, Inc. The terms “you” and “yours” refer to the person using the Application.
Please read these Terms and Conditions carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to the Terms and Conditions, you must not access oruse the Application. Capitalized terms used but not defined in these Terms and Conditions have the meaning given to them in our Privacy Notice.
The Application is owned and controlled by restor3d and is operated with the assistance of certain third parties.
You may have signed an Agreement, BusinessAssociate Agreement, Statement of Work, or other document with terms and conditions for specified Services(“Transaction Document”). These Terms and Conditions supplementTransaction Documents.
Description of restor3d Services
You understand and agree that the Application is intended to provide health careproviders, medical and clinical staff, surgeons, doctors, nurses, nurse practitioners, hospital and clinical administrative staff, and other such personnel (each the “User”)with certain clinical tools and services that may allow Users to create and update case information, including adding patient data; upload patient images such as CT scans or other necessary patient images; review documents generated by the Application; communicate via chat and messaging functionality; review and approve design proposals and prescription forms; and request and review design revisions (individually and collectively, the “Services”).
Restor3d does not provide any healthcare services, including via the Services or the Application. Your use of the Application and/or the Services does not create or imply any type of patient- physician relationship between you and restor3d. Rather, restor3d provides a technology platform for Users to access the Services. The resources made available through ourServices and Application are for informational purposes only, and are not a substitute for assessment, diagnosis, and/or treatment by qualified healthcare professionals, nor are they an indicator of specific results. You understand and agree that the Services and Application are intended only asa tool and may include general information regarding a procedure or surgery, including common questions and issues, but that the information may not address any or all specific questions or issues specific to a patient’s medical condition. The decision to focus on diagnosis, treatment recommendations, or both, rests with the User and the patient.
You understand and agree that restor3d is not responsible for any healthcare services provided by you, including for any personal in jury or property damage. Further, you acknowledge and agree that neither the Services nor Application “recommend”, “suggest”, or “advise” diagnoses, proper prescribing, or other treatment decisions. Users and any other professionals treating a patient have the exclusive responsibility for all healthcare services, including any medical decisions or actions with respect to a patient’s medical care, and for determining the accuracy, completeness, or appropriateness of any diagnostic, medical, or other information provided by the Services or Application. We do not assume any responsibility for how such information is captured, rendered, or used.
Eligibility and Availability
In order to access the Services through the Application, the following must be true:
- You are at least 18 years of age or older.
- You live in the United States and in a state or territory where the Services are available.
- You agree to be legally bound by and comply with these Terms and Conditions.
- You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Application. Fees and charges may apply to your use of the mobile services and to the Internet.
- You qualify as a User. If you do not meet all of these requirements, you must not access or use theServices or the Application. You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Application. In addition to the above requirements, restor3d and its affiliates reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
restor3d is based in the United States. We provide the Application and our Services for use only by persons located in the United States. We make no claims or representations that the Application or any of their content is accessible or appropriate outside of the United States.
Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Information About You and Your Use of the Application
Please refer to our Privacy Notice to learn about our privacy practices with respect to your personal information.
Changes to the Terms and Conditions
We may revise and update theseTerms and Conditions 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 Application and Services thereafter. Your continued use or re-visitation of the Application following the posting of revised Terms and Conditions means that you accept and agree to the changes. The Application and Services are continually under development, and we reserve the right to revise or remove any part of the Terms, the Applications, or the Services in our sole discretion at any time and without prior notice to you. 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 Application
We reserve the right to withdraw or amend the Application and Services, and any material we provide on the Application and Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Application is unavailable at anytime or for any period. From time to time, we may restrict access to some parts of the Application and Services or the entirety of the Application and Services.
You agree that all information you provide to the Application is governed by our PrivacyNotice and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you are utilizing the Service as a User, you acknowledge and agree that you have obtained any necessary consent from the patient to upload and use their medical data for their behalf, for the strict benefit to support the use of the Application on their behalf. You agree that restor3d can process your FirstName*, Last Name*, Mobile Number*, Email Address, Relation to the patient to support the use of the Application on their behalf.You agree to comply with these Terms andConditions.
TheApplication, the Services, and the entirety of their 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, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Application or the Services or any content on the Application or theServices is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Application or the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The restor3d names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of restor3d. No trademark or service mark license is granted in connection with the materials contained on the application. Access to the Application or the Services does not authorize anyone to use any name, logo, or mark in any manner.
You may use the Application and the Services only for lawful purposes and in accordance with these Terms and Conditions. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the security, confidentiality, and protection of medical records, personally identifying information, protected health information, and sensitive health information as well as your use of the Application and Services.
You agree not to use the Application or the Services:
- 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 United States or other countries).
- To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm us or other users of the Application or expose them to liability.
Additionally, you agree not to:
- Use theApplication or Services to collect, or attempt to collect, personal information about other users of the Application or Services or individuals who are not your patients for use in violation of any applicable law.
- Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other user’s use of the Application, including his or her ability to engage in real time activities through the Application.
- Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
- Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Application.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of theApplication, the server on which the Application are stored, or any server, computer or database connected to the Application.
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application.
Reliance on Information Posted
TheApplication and Services may include content provided by third parties, including links to other sites and resources provided by third parties, the links are provided for your convenience only. This includes links contained in advertisements. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. The availability of any third- party site or resource through the application does not imply our endorsement of or our affiliation with any provider of such third-party site or resource.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. If you decide to access any third-party site or resource linked to the application, you do so at your own risk and subject to the terms and conditions of use for such site or resource.
Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER RESTOR3D NORTHE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. RESTOR3D, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR
COMPLETENESS OF A PATIENT’S PERSONAL INFORMATION, ORFOR ANY RELIANCE BY YOU OR ANY OTHER MEDICAL PROFESSIONAL ON A PATIENT’S PERSONAL INFORMATION WITHIN THE APPLICATION.USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND RESTOR3D IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USEOF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.
Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information on theApplication, we make no guarantees as to its correctness, completeness, or accuracy. The Application may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Application is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.
Links to Other Websites and Resources
If the Application contains links to other websites 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 websites 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 the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to receive invitations, notifications, reminders, and other communications from restor3d (and any of its affiliates or agents) through the Application, or by e-mail, phone or other method of communication. These communications may include (but are not limited to):
- notification that an important message awaits you on the Application; and
- Application and service updates.
By providing your e-mail address, you are agreeing to be contacted by or on behalf of restor3d to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our e-mails by following the instructions for unsubscribing contained in the e-mails. Please allow us thirty (30)days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still e-mail you non-commercial(transactional) e-mails related to your account and your transactions via theApplication.
Website Access,Security and Restrictions; Passwords
If you create an account on the Application, you agree to complete theregistration process by providing current, complete, and accurate informationas required by restor3d. You areresponsible for all activities that occur under your account. In the event access to the Application or a portionthereof is limited,requiring a user ID and password (“Protected Areas”), you agree to accessProtected Areas using only your user ID and password. You agree to protectthe confidentiality of your user ID and password, and not to share or discloseyour user ID or password to any third party.You agree that you are fully responsible for all activity occurringunder your user ID. Your access to the Application may be revokedby restor3d at any time withor without cause.
User Content & Conduct Guidelines
“User Content”is any content, materials or information (including, without limitation, any healthinformation, medical history,conditions, problems, symptoms,personal information or protectedhealth information, consent forms, agreements, graphics, messages, videos, photographs/images, data,questions, requests, comments, suggestions, etc.) that you upload, send,e-mail, display, distribute, post or otherwise transmit to us, at our requestor on your own, on, or through the Application or Services. You agree not to provide any User Contentthat (a) is false, inaccurate, defamatory, abusive, libelous, unlawful,obscene, threatening, harassing, fraudulent, pornographic, or harmful, or thatcould encourage criminal or unethical behavior; or (b) violates or infringesprivacy, copyright, trademark, trade dress, trade secrets, or otherintellectual property rights,proprietary rights, or any other applicable law or regulation.
Your privilege to use the Application and Services dependson your compliance with the conduct guidelines set forth above. We reserve the right to monitor youraccount and may revoke your privileges to use all or some of the Applicationand/or take any other appropriate measures to enforce these conduct guidelines if we becomeaware of violations. If you fail to adhere to theseconduct guidelines, or any other part of these Terms and Conditions, we mayterminate, in our sole discretion, your useof, or participation in, any part(s)of the Application and Services. Any violation of this section may alsosubject you to civil and/or criminal liability.
AnyUser Content you contribute or provide to the Application or Services willcomply with these Terms and Conditions and applicable law and will, to the extent permittedunder applicable law, betreated as non-confidential and non-proprietary. By providing any User Contentto us, you grant us and our affiliates and service providers, and each of theirand our respective licensees, successors, and assigns the fully paid,royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fullysublicensable right (including any moral rights) and license to use, license,distribute, reproduce, modify, adapt, publicly perform, and publicly displayand otherwise disclose to third parties any such material for the purposes ofoperating and providing the Application and Services and to our other users andfor the purpose of developing or improving the Application and Services and ourother products and services.
Disclaimer of Warranties
Youunderstand that we cannot and do not guarantee or warrant that authorized filesor content available for downloading from the Application or the internetwill be free of viruses,malware or other destructivecode. You are responsible forimplementing sufficient procedures and checkpoints to satisfy your particularrequirements for anti-virus protection and accuracy of data input and output,and for maintaining a means external to our Application for any reconstructionof any lost data. WE WILL NOT BELIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTEREQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOURUSE OF THE APPLICATION OR ANY ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOURDOWNLOADING OF ANY MATERIAL POSTED ON THE APPLICATION, OR ON ANY SERVICESAVAILABLE VIA THE APPLICATION.
YOUR USE OF THE APPLICATION, ITSCONTENT, AND ANY ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “ASIS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. NEITHERWE NOR ANY OF OUR PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATIONOF THE APPLICATION, OR THEINFORMATION OR CONTENT INCLUDED THEREON. WITHOUTLIMITING THE FOREGOING, NEITHERWE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE APPLICATION,ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE APPLICATION WILL BE ACCURATE,RELIABLE, ERROR- FREE ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION, OUR (ANDOUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ONBEHALF OF US ARE FREE OF SCRIPT VIRUSES, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY ITEMS OBTAINEDTHROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMUS OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADEHEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDERAPPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OURRESPECTIVE LICENSORS AND SERVICEPROVIDERS, HEREBY DISCLAIMALL WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION,INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FORPARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIETENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THATMAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADEPRACTICE.
THE FOREGOING DOES NOT AFFECT ANYWARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OFTHESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Youagree to indemnify and hold harmless restor3d, its affiliates, its licensors,and its services providers from and against any and all claims and expenses,including attorneys’ fees, whether made by you, or on your behalf, or by anythird party arising out of your use of or access to the Services andApplication, including but not limited to claims arising out of (i) yourviolation of these Terms and Conditions; (ii) your violation of any third-partyright including any copyright, trademark, trade secret,or privacy right;(iii) any misrepresentation made by you; and (iv) use of your information or User Content. Youagree to promptly notify restor3d and cooperate fully with restor3d in thedefense of any claim. Restor3d reserves the right to assume the exclusivedefense and control of any claim indemnified under this section by you.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OROUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORSBE LIABLE FOR DAMAGES OF ANY KIND,UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, ORINABILITY TO USE, THE APPLICATION,ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITESOR ANY OTHER ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER WEBSITES,INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, ORPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE,LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESSINTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COSTOF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVELICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISINGFROM OR RELATEDTO YOUR USE OFOR INABILITY TO USE THE APPLICATION FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN,THROUGH, OR FROM THE APPLICATION.
THESE LIMITATIONS WILL APPLY WHETHERSUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) ORANY OTHER THEORY OR CAUSE OF ACTIONAND REGARDLESS OF WHETHER SUCH DAMAGESWERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESSTO THE APPLICATION OR ANY OTHER RELATED SERVICES. THE OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BYNUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDERNO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OFOR INABILITY TO USE THE APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BYYOU ON ANY INFORMATION OBTAINED FROM THE APPLICATION OR THAT RESULT FROMMISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATIONOR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER ORNOT RESULTING FROM ACTS OF GOD,COMMUNICATIONS FAILURE, THEFT,DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALLCONTENT, DATA, AND INFORMATION SUBMITTED TO THE APPLICATION.
IF YOU ARE DISSATISFIED WITH ANY PORTIONOF THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USE OF THE APPLICATION.
THE FOREGOING DOES NOT AFFECT ANYLIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITYSO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOUWAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOTEXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HISOR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICHIF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITHTHE DEBTOR. IF YOU ARE A RESIDENT OFA STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBYWAIVE SUCH PROVISIONS OR PROTECTIONS.
We may terminate your use of the Application for any or no reason at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOUOR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APPLICATION.
Inthe event of any dispute, claim, question, or disagreement arising from orrelating to these Terms and Conditions, we and you (collectively, the“Parties”) shall use their best efforts to settle the dispute, claim, question,or disagreement. To this effect, the Partiesshall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach ajust and equitable solution satisfactory to both Parties. If the Parties do not reach such solutionwithin a period of thirty (30) days, then all disputes shall be resolved bybinding arbitration in Raleigh, North Carolina, in accordance with theCommercial Arbitration Rules of the American
ArbitrationAssociation (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demandfor arbitration shall be filed in writing with the other party hereto and withthe AAA. Such a notice should bemailed to:
4001 E NC 54 Highway, Suite 3160
Durham, NC 27709 ATTN:Dispute Notice
Thedemand for arbitration shall be made withina reasonable time after the disputehas arisen, and in no event shall anysuch demand be made after the date when institution of legal or equitableproceedings based on such dispute would be barred by the applicable statute oflimitations. The Parties agree thatone (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selectedby the joint agreement of the Parties,but if they do not so agree within twenty
(20)days after the date of the notice of a demand for arbitration referred toabove, the selection shall be made pursuant to the Commercial Arbitration Rulesof the AAA from the panels of business arbitrators maintained by the AAA. The Partiesagree that the arbitrator shall have sole authority to decide whether claims brought by either party(excluding claims brought under the following paragraph regarding intellectualproperty and preliminary equitable relief claims) are subject to this disputeresolution agreement. The decision ofthe arbitrator shall be made in writing, shall be final, judgment may beentered upon it in any court having jurisdiction thereof, and the decisionshall not be subject to vacation, modification or appeal, except to the extentpermitted by sections 10 and 11 of the Federal Arbitration Act, the terms ofwhich sections the Parties agree shall apply. The fees chargedby the AAA and arbitrator shall be sharedequally by the Parties.
Eitherparty may bring a claim related to intellectual property rights, or seektemporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without theposting of bond or other security.
Werespect the rights of intellectual property holders. If you believe that any content on the Application violatesthese Terms and Conditions or your intellectual property rights, you can report such violation to us in accordance with the DigitalMillennium Copyright Act (17 U.S.C. §512). In the case of an allegedinfringement, please provide the following information:
- A description of the copyrighted work or other intellectual propertythat you claim hasbeen infringed;
- A description of where the material that you claim is infringing is located on theApplication (including the exact URL);
- Adequate information by which we can contactyou including an address, a telephonenumber, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright orother intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that theinformation in your notice is accurate and that you are the copyrightor intellectual propertyowner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or otherright being infringed.
Wemay request additional information before we remove allegedly infringingmaterial. You may report a copyright violation by providing the above information to our designated agent at:
Miscellaneous Governing Law and Jurisdiction
All mattersrelating to the Application and these Terms and Conditions and any disputeor claim arising therefromor related thereto (in each case, includingnon-contractual disputes or claims), shall be governed by andconstrued in accordance with the laws of the State of Delaware regardless ofwhere you access the Application, and notwithstanding any conflicts of law principles.
Class Action Waiver
Anyproceedings to resolve or litigate any dispute in any forum will be conductedsolely on an individual basis. Neitheryou nor we will seek to have any dispute heard as a collective or class actionor in any other proceeding in which either party acts or proposes to act in a representative capacity, and each partyhereby waives any right to assert consolidated claims with respect to any disputessubject to arbitration under these Terms and Conditions or any disputesbetween the Parties. No arbitration or proceeding will becombined with another without the prior written consent of all parties to allaffected arbitrations or proceedings.
Limitation of Time to File Claims
Anyaction, claim or dispute you have against us must be filed within one (1) year,unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed.If a claim or disputeis not filed within one year, it is permanently barred.
You agree that we may provideyou with notices,including those regardingchanges to these Terms and Conditions, by e-mail tothe address you provide to us.
No Affiliation with restor3d
Youagree not to hold yourself out as in any way sponsored by, affiliated with,endorsed by, in partnership or venturewith, nor as an employeeor employer of us, any of our affiliates or serviceproviders.
These Terms and Conditions and our PrivacyNotice constitute the entire agreement between you and uswith respect to the Application and supersede all prior or contemporaneousunderstandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay inexercising, on the part of you or us, any right or any power hereunder shalloperate as a waiver thereof, nor shall any single or partial exercise of anyright or power hereunder preclude further exercise of that or any other righthereunder. In the event of a conflictbetween these Terms and Conditions and any other terms, the terms of theseTerms and Conditions shall govern. Ifany provision of these Terms and Conditions is illegal or unenforceable underapplicable law, the remainder of the provision will be amended to achieve, asclosely as possible, the effect of the original term and all other provisionsof these Terms and Conditions will continue in full force and effect. The headings of sections and paragraphs inthese Terms and Conditions are for convenience only and shall not affect itsinterpretation.
Apple or Android Device Additional Terms
If you access the Applicationvia a mobile device or tablet branded by Apple, Inc. (“Apple”) running Apple’siOS (an “Apple Device”) or via an Android device (an “Android Device”) branded by Google, Inc. (“Google”), the following terms (“Device Additional Terms”) are made part of these Terms:
- Conflicting Terms.If theseDevice Additional Terms conflict with any otherprovision of these Terms, then the Device Additional Terms will controlbut only with respect to access and use of the Services via an Apple Device oran Android Device.
- Agreement with restor3d, NotApple or Google. You acknowledge that these Terms arean agreement between restor3d and you,and not with Apple or Google. Restor3d, not Apple or Google, is solely responsible for the Applicationyou access via your Apple Device (“iOS Application”) and the content of iOSApps or the Application and content you access via your Android Device(“Android Application”). If these Terms are less restrictive with respect to aniOS App or otherwise conflict with, the Apple App Store Terms of Service (the“App Store Terms of Service”), the App Store Terms of Service will apply to theextent of any conflict. If theseTerms are less restrictive with respect to anAndroid Application or otherwise conflictwith, the Google Play Terms of Service(the “Google Play Terms of Service”), the Google Play Terms of Servicewill apply to the extent of any conflict.
- Scope of License. The license granted to usean iOS App is limited to a non-transferable license to use the App on an AppleDevice that you own or control and as permitted by the usage rules set forth in the App Store Termsof Service. The license grantedto use an Android Application is limited to a non-transferable licenseto use the Application on an Android Device that you own or control and aspermitted by the usage rules set forth in the Google Play Terms of Service.
- Maintenance and Support. You acknowledge that Applenor Google has no obligation whatsoever tofurnish any maintenance and support services with respect to any iOS Appor Android Application, respectively. If restor3d decides(in its sole discretion) to providesupport and maintenance services for an iOS App or Android Application,restor3d is solely responsible for providing such services.
- Warranty. In the event of any failureof an iOS App to conform to any applicable warranty provided by restor3d inthese Terms, you may notify Apple and Apple will refund the purchase price forthe iOS App (if any), tothe maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any otherclaims, losses, liabilities, damages, costs, or expenses attributable to anyfailure to conform to any warranty is restor3d’s sole responsibility.Notwithstanding the foregoing, restor3d is not obligated to provide anywarranty with respect to an iOS App orAndroid Application and you acknowledge and agree that thisparagraph will not have any effect on the warranty disclaimers providedin these Terms.
- Product Claims.You acknowledge that restor3d, not Apple or Google, is responsible for addressing your or any third-partyclaims relating to an iOS App or Android Application or use of an iOS App orAndroid Application, including: (i) product liability claims; (ii) any claimthat an iOS App or Android Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claimsarising under consumerprotection or similarlegislation. Note that, pursuant to the limitation of liability provision setforth in these Terms, these Terms will not limit restor3d’s liability beyondwhat is permitted by applicable law.
- Intellectual Property Rights. You acknowledge that as between restor3d and Appleor Google, as applicable, in the event of any third-party claim that aniOS App or Android Application or your possession and use (in accordance with these Terms)of an iOS App or AndroidApplication infringes that third-party’s intellectual property rights,restor3d, not Apple or Google, is solely responsible for the investigation,defense, settlement and discharge of any such intellectual propertyinfringement claim.
- Legal Compliance. You represent and warrantthat: (i) you are not located in a country that is subject to a U.S.Government embargo, or that has been designated by the U.S. Government as a“terrorist supporting” country; and (ii) you are not listed on any U.S.Government list of prohibited or restricted parties.
- Third-Party Beneficiary. You acknowledge and agreethat Apple and Apple’s subsidiaries, and Google and Google’s subsidiaries arethird-party beneficiaries of these Terms with respectto any iOS App and Android Application, respectively, and that,upon your acceptance of these Terms,as applicable, Apple has the right (and is deemed to have accepted the right) to enforce theseTerms against you with respect to the iOS App as a third-party beneficiary ofthese Terms and Google has the right (and is deemed to have accepted the right)to enforce these Terms against you with respect to the Android Application as athird-party beneficiary of these Terms.
- Questions or Complaints. Please address your questions, complaints, or claims with respect to an iOS App or AndroidApplication to restor3d.
Your Comments and Concerns
The Application is operated by restor3d. All feedback, comments,requests for technicalsupport and other communications relating to the Application should bedirected to email@example.com.
Thank you for using our Application.