Terms and Conditions

Introduction

Welcome to Revitalign® Sandals, Slippers, Sneakers, Orthotic Shoes (the “Site”). This Site is owned and operated by Revitalign Shoes LLC (“Revitalign Shoes”, “we” or “us”).

These Terms of Use (the “Terms”) govern your access to and use of our Site and our online store, including any content, functionality, products and services offered on or through our Site, whether as a guest or a registered user.

Please read these Terms carefully before using our Site. By using or accessing the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.

Privacy Policy

Please review our Privacy Policy, which is incorporated into and also governs your use of our Site. Our Privacy Policy explains how we collect, use, share and protect information in relation to our Site.

Changes to the Terms

We may update these Terms from time to time at our sole discretion. If we make material changes to the Terms, we will notify you by email or by posting a notice on the Site prior to the changes taking effect. We encourage you to periodically review these Terms to stay informed of our updates. Your continued use of our Site constitutes your agreement to be bound by the then-current version of these Terms.

Access and Use of the Site

License

Subject to your compliance with these Terms, Revitalign Shoes grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site. You may not use the Site for any other purpose without our prior written consent.

Site Contents

The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions (defined below), and any other content (collectively, the “Site Content”), is for your personal and non-commercial use only.

Restrictions

You shall not:

Copy, distribute, reformat, download, display, perform, reproduce, duplicate, license, modify, publish, repost, scrape, sell, transmit, or otherwise use any Site Content without our prior written consent;
Use the Site for any political or commercial purpose, or for personal gain;
Access, monitor or copy any Site Content or information by using any manual or automated means (such as spiders, bots, crawlers, etc.) without our express written permission;
Frame or utilize framing techniques to enclose any Site Content or information;
Engage in any action that directly or indirectly interferes with the proper functioning of the Site;
Attempt to gain unauthorized access to the Site, user accounts, password protected areas, systems or networks;
Circumvent, disable or otherwise interfere with any security related features of the Site or features that enforce limitations on use of the Site;
Make any unauthorized use of the Site that will infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on use of the Site;
Use any meta tags or other hidden text or metadata utilizing our name, trademark, URL or product name;
Attempt to probe, scan or test the vulnerability of any Revitalign Shoes system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Revitalign Shoes or any of our providers or any other third party to protect the Site;
Post, upload or otherwise transmit any file that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, information or property of ours or any third party;
Use or attempt to use another user’s account without authorization;
Attempt to obtain unauthorized access to the Site or user accounts;
Engage in any other conduct that restricts or inhibits any other person from using the Site;
Or otherwise attempt to interfere with the proper working of the Site.

Registration

Certain features and areas of the Site may require you to register with us. When and if you register, you agree to:

Provide accurate, current and complete account information;
Maintain and promptly update your information to keep it accurate, current and complete;
Maintain the security of your username and password;
Be fully responsible for all use and activity associated with your account;
Notify us immediately if you discover or suspect any unauthorized use of your account.

We reserve the right to suspend or terminate your account if you provide inaccurate, untrue or incomplete information during registration, if you fail to maintain or update your account information, if you fail to maintain the security of your login credentials, or for any other reason at our sole discretion.

User Content

If you submit, post or upload any text, photos, audio, videos or other content to the Site (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, fully sublicenseable and transferable license to use, copy, display, store, adapt, publicly perform and distribute your User Content in connection with the services provided through the Site.

You represent and warrant that:

You own or have the necessary licenses and rights to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content;
All of your User Content does and will comply with these Terms;
You understand and acknowledge that you are responsible for any User Content you submit, and you agree not to submit any User Content that is unlawful, fraudulent, malicious, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
You will not post confidential or sensitive information through the Site;
Your User Content will not contain viruses, Trojan horses, worms, time bombs, cancelbots, malware or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
No compensation will be provided for any User Content you submit, and we reserve the right to remove your User Content at any time for any reason.

Feedback

If you provide any feedback, suggestions, improvements, enhancements, modifications or other recommendations regarding the Site (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use the Feedback and all related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary.

Account Termination

We reserve the right, without notice and at our sole discretion, to suspend or terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

Intellectual Property Rights

Our Site and all Site Content, features and functionality on the Site, including without limitation, all information, documents, products, software, images, text, graphics, photos, videos, interactive features, services, User Submissions and any other content on the Site, and the trademarks, service marks and logos contained on the Site are owned by or licensed to Revitalign Shoes and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

Revitalign Shoes reserves all rights not expressly granted in and to the Site and Site Content. No Site Content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content.

Purchases and Payments

If you wish to purchase any products or services made available through the Site (“Purchase”), you may be asked to supply certain account information, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion and processing of your Purchase.

Verification of information may be required prior to the acknowledgment or completion of any Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your Purchase, or other reasons.

We reserve the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.

Accuracy of Site Content

While we make reasonable efforts to provide accurate Site Content, we do not guarantee or make any representations or warranties as to the accuracy, currency, completeness, reliability or usefulness of any Site Content, and we disclaim all liability and responsibility arising from any inaccuracy, error, or omission in any Site Content.

Third Party Links and Information

The Site may contain links to websites operated by parties other than Revitalign Shoes. Links to or from other websites do not constitute our endorsement of such websites, but are provided as a convenience to you. We do not exercise control over third party websites and we are not responsible for the availability, content, products, services or information found on other websites. Your access and use of third party websites is at your own risk. Third party links to streaming services may require you to accept their terms of service and/or privacy policies.

Warranty Disclaimers

YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. NEITHER REVITALIGN SHOES NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR LICENSEES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO:

THE SITE;
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SITE CONTENT;
USER SUBMISSIONS;
PRODUCTS OR SERVICES OFFERED THROUGH THE SITE;
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE;
THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THAT ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED; OR
THAT THE SITE AND SERVER(S) ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION, VIRUSES.

ANY SITE CONTENT DOWNLOADED OR ACCESSED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR ACCESS.

THE FOREGOING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. REVITALIGN SHOES DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVER(S) ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION, VIRUSES. REVITALIGN SHOES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE.

Limitations of Liability

IN NO EVENT SHALL REVITALIGN SHOES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO ACCESS OR USE OF THE SITE OR ANY SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVITALIGN SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REVITALIGN SHOES TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS AND USE OF THE SITE OR ANY SITE CONTENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID REVITALIGN SHOES FOR PRODUCTS OR SERVICES IN THE PRIOR TWELVE (12) MONTHS.

Indemnification

You agree to indemnify, defend and hold harmless Revitalign Shoes and our parents, subsidiaries, affiliates, partners, officers, directors, members, employees, consultants, agents, service providers, contractors, licensors and licensees from any claim, liability, damages, losses, costs or expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or relate to:

Your violation of these Terms;
Your use of the Site, including any User Content you submit, post, modify or otherwise make available on the Site;
Any infringement by you of any third party’s intellectual property, proprietary or personal rights;
Any harm to you or your property directly or indirectly related to your access or use of the Site;
Any products or services purchased or obtained by you in connection with the Site;
Any personal injury, property damage or emotional distress caused by you to any other Site user or any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You will not settle any indemnified claim without our prior written consent.

Governing Law

These Terms shall be governed by the laws of the State of Texas without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the federal and state courts located in McLennan County, Texas for any actions related to these Terms or your access or use of the Site, provided that Revitalign Shoes may seek injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

Arbitration

In the event any dispute arises between you and Revitalign Shoes regarding these Terms that cannot be resolved informally, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). Arbitration will be conducted by a neutral arbitrator mutually selected by the parties, or if the parties cannot agree, then appointed under the AAA Rules. Arbitration proceedings will be held in Waco, Texas or other mutually agreeable location. The arbitrator will have no authority to award punitive, consequential, exemplary or other damages waived by these Terms and will be empowered to award the same damages and relief that a court of competent jurisdiction could award. Any award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The arbitrator will make written findings of fact and conclusions of law and may issue an award or decision that will be enforceable in any court of competent jurisdiction. Except where prohibited by law, the parties waive any right to bring an action against the other party as a class action, private attorney general or on behalf of the general public, agree to bring any dispute in arbitration on an individual basis only, and waive any right to trial by jury.

No Waiver

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver or relinquishment of that right or provision.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Headings

Headings in these Terms are for reference purposes only and do not limit or otherwise affect the meaning of these Terms.

Entire Agreement

These Terms, including the documents incorporated herein by reference, constitute the entire agreement between you and Revitalign Shoes relating to your access to and use of the Site, and supersede all prior or contemporaneous communications, proposals, discussions and agreements between you and Revitalign Shoes with respect to the subject matter hereof.

Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

Revitalign Shoes LLC
6301 Imperial Drive
Waco, TX 76712
Email: [email protected]