Terms & Conditions

Last updated: September 12, 2023

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF USE (“TERMS”) BEFORE PLACING A PRODUCT/SERVICE ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER REVIVELE WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REVIVELE, INC.

These Terms govern your use of any services
(“Services”) and products (“Products”) available to users through this website located at www.revivele.com. All features, content, customer portal (“Health Hub”), or other materials provided via this website (the “Websites”) are owned and operated by Revivele, Inc. and its affiliates (collectively “Revivele”, “we”, “us,” or “our”). These Terms, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Revivele, and governs your access to and use of these Websites or any other websites of Revivele, any order you place through Revivele websites, and your use or attempted use of our Products and Services (collectively, “Your Use”).

BY ACCESSING OR USING THE WEBSITES, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT ACCESS OR USE THE WEBSITES OR OTHERWISE PLACE AN ORDER ONLINE.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on the Websites.  Your continued use of the Websites after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Websites.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REVIVELE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

User Eligibility
In order to use the Websites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites is not intended for children under the age of 18 and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old.

Return/Exchange/Cancellation/Refund Policy
Revivele warrants the quality of its products and shall make efforts to exchange any defective product. Anyone returning a damaged or defective product must follow the steps below.

RETURN/EXCHANGE:
1) Fill out a Product Return or Exchange Form (PREF) found on our FAQ page.
2) Submit to support@revivele.com .
3) A customer representative will investigate the nature of the request and will be in contact with you to seek resolution.
4) Based on the circumstances of the return, you may be responsible for shipping/courier fees.

CANCELLATION:
You can cancel your order anytime before it is dispatched directly by informing our Support team through email (support@revivele.com), or by calling our main line: 786-746-7222. We will refund the amount to you after deducting the payment gateway charges (3.5%) if you cancel the order before it is dispatched.

After your order is dispatched and you wish to cancel the order, you can refuse to accept the order when the courier agent comes to deliver this to you. If you cancel your order after it is dispatched, then we will refund the amount after deducting the payment gateway charges (3.5%) and courier charges (as per actuals depending on your location).

The refund will reflect in your account within 5-7 business working days depending on your bank’s processing time.

If we suspect any fraudulent transaction by any customer or if any transaction defies the terms and conditions of using the website, then we can at our sole discretion, cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

REFUND:
At this time, Revivele does not offer any formal product guarantees, product sampling, consumer trial periods, or any kind of money-back guarantee for dissatisfaction with any of our products or services. As such, all orders are final and nonrefundable.

Telehealth Services Provided – No Medical Care or Advice by Revivele
Note, Revivele is not a medical group or licensed medical practice establishment. Any telemedicine/telehealth consults obtained through our Website are provided by independently contracted, country- or region-specific, licensed medical practitioners (each, a “Provider”) with which you will form a Provider-Patient relationship directly. Any Provider seen is responsible for independently providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Revivele. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website.

These Providers are independent of Revivele. Other than service quality benchmarks and outcomes measures which we encourage and seek from our contracted Providers, any information or advice received from a Provider ultimately comes from them alone, and not from Revivele. Revivele will work with providers to facilitate transmittal of consultation notes and/or progress notes and reports for availability to you within the Health Hub. Your interactions with the Providers you may access via the Website are not intended to take the place of your relationship with your regular health care practitioners or established primary care physician. Neither Revivele, nor any of its subsidiaries or affiliates or any third party who may promote the Websites or Services or provide a link to the Services shall be liable for any professional advice obtained from a Provider accessed via the Websites or Services, nor any information obtained on the Website. Revivele has worked with numerous third parties to broker and customize an integrated consumer paid products and/or service programs for the evaluation and management of certain disease conditions (e.g. “Program of Care”) as a convenient offering to You. You may purchase and enroll into a Program of Care solely at your own risk. Revivele does not individually recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You further acknowledge that your reliance on any Providers or information delivered by the Providers via the Website or Service is solely at your own risk, and you assume full responsibility for all risks associated herewith.

Revivele relies on country- and region-specific licensure requirements and/or medical board certification (if applicable) when electing to work with independent third-party medical Providers. Revivele does not make any representations or warranties about the training history or skill level of any Providers who deliver services via the Websites. You will be provided with available Providers based solely on the information you submit to the Website. You are ultimately responsible for choosing and agreeing to see your particular Provider.

The content of the Websites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Revivele. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Revivele, or in connection with any communications supported by or transmitted by Revivele, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Revivele facilitates your selection of, and may assist in the communications with, Providers (including the facilitation of a consultation and laboratory results depot in the Health Hub), Revivele does not provide medical services, and the doctor-patient relationship is between you and the Provider you select.

The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider directly for any questions regarding your care or medical treatment.

Revivele’s Website and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears, or does not, appear on the Website. If you believe you have an emergency, call 9-1-1 (or local emergency medical services activation line) immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not an equal substitute for in-person health care in all cases. In order to use this service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Website. You agree and understand that Revivele is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

Liability Disclaimer

Any content available online or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the content nor any Services is intended to be substituted for medical diagnosis or treatment. Revivele does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on or transmitted through the Services (regardless of whether the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations).

Revivele disclaims any liability in any way to you for any decision you make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical telehealth professional. Revivele has no control over, cannot and does not guarantee the availability of any provider that is a part of the Services at any particular time. Revivele will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. You shall perform an independent investigation prior to selecting a healthcare professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board, and consulting other sources as may be appropriate. Revivele makes the Services available to its customers and their patients for the purposes of enhancing access and providing an informative and educational resource. Revivele may, but has no obligation to, review content posted on the Services. Revivele does not guarantee the timeliness and accuracy of any or all the content. Neither the authors (whether users of the Services or not), Revivele, nor any other party who has been involved in the preparation or publication of any content can assure you that such content is in every respect accurate or complete. Revivele disclaims liability for any errors or omissions or for the results obtained from the use of such content.

The procedures, products, services, and devices discussed and/or advertised within the Services are not applicable to all individuals, patients, or all clinical situations. Revivele makes no claims as to the effectiveness or long-term safety of any such procedures, products, services, or devices. You acknowledge and agree that any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success. Revivele disclaims any liability in connection with your use of such procedures, products, services, or devices.

Compliance with Laws & Transmission of Data

Certain Services that Revivele makes available to customers/users involve access to, and the processing of, PHI (defined below) that is provided to us for the purposes of coordinating such Services. With respect to its operation of the Services, and to the extent required by (A) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), and (B) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the “Privacy Laws”), Revivele will comply with the Privacy Laws applicable to any business associates and maintain the confidentiality of any Protected Health Information which is individually identifiable health information that is protected by HIPAA (“PHI”) transmitted or made available through the functionality of the Services. You acknowledge and agree that these Terms may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this section will survive the termination of your use of the Services. When you use the Services to upload, transmit, or receive PHI, you agree that, to the extent applicable, you shall comply with all applicable local, state, federal or international law, rule, or regulation, including, but not limited to, the Privacy Laws, any court order, or other order or decision in any governmental, administrative or judicial proceeding (collectively “Applicable Laws”). You represent and warrant that you will, at all times, comply with all directly or indirectly Applicable Laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Revivele, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI. To the extent permissible under Applicable Laws, you hereby grant to Revivele a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to you, your care, your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the applicable laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that Revivele shall comply with the Applicable Laws in connection with any such actions. REVIVELE DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICES WHETHER TO A PROVIDER LOCATED USING THE SERVICES OR OTHERWISE. REVIVELE RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY OR RESTRICT ACCESS TO THE SERVICES OR WEBSITES) THAT IN REVIVELE’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Prescription Policy
Certain products available through any Telehealth Program of Care require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers within a Program of Care, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may request to transfer the prescription at any pharmacy of your choice as prompted during your use of the Service. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Revivele fully honors patient freedom of choice and, if you receive a prescription for a medication, you understand that you always have the option to instruct your Provider to transfer that prescription to the pharmacy of your choice.

Not an Insurance Product
Revivele is not an insurer. Revivele does not accept or facilitate payment of Services via health insurance providers.  The Services are not insurance products, and the amounts you pay to Revivele are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

User-Generated Content: Non-Confidential Media

Subject to the limitations set forth herein, you or third parties may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through public social media channels and/or marketing or public relations partners) the Websites (“Your Content” or “Third-Party Content,” as applicable). Unless we indicate otherwise, by posting or submitting Your Content to the Websites, you grant Revivele a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Revivele and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Revivele is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party in any way for the content, or completeness, accuracy, or reliability of Your or Third-Party Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. Revivele has the right, but not the obligation, in its sole discretion, to monitor and edit or remove any activity or content, or take legal action against you or the third party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Websites,  Revivele, or its products, are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of Revivele.  Revivele takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorize Revivele and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products (“Submissions”), provided by you to Revivele are non-confidential and Revivele will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgement, attribution, or compensation to you.

User Generated Content: Personal/Private Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Websites (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Websites users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Revivele and your Provider that you have the legal right and authorization to provide all User Information to Revivele and your Provider for use as set forth herein and required by Revivele and your Provider.

Revivele may de-identify your information such that it is no longer considered protected health information (“PHI”) or personally identifiable information (“PII”). Revivele may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, clinical research, market research, or other purposes.

You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Revivele; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

You agree to defend, indemnify, and hold harmless Revivele and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Website or other use of the Website and/or Services in breach of this section.

E-Commerce Marketplace

The Revivele E-Commerce Marketplace (the “Marketplace”) is a directory of products (some of which may be directly manufactured by Revivele) and services (many of which will not be directly operated by Revivele) that may be displayed, offered, referenced, and/or integrated within the Revivele Websites. Revivele clients may use the Marketplace to browse, locate, or request information for personal use products and services. These products and services may be offered by third parties not owned or operated by Revivele. While Revivele may integrate third-party products and services into Revivele services, you understand and agree that Revivele in no way controls or is responsible for any third-party product or service on the Marketplace. Revivele will not be liable for your interactions with any organizations or individuals found on the Marketplace. In certain situations, you may be contracting separately for the use of such  integrated products and services offered by those third parties, and those dealings are solely between you and such organizations or individuals. Your use of any third-party product or service will not affect your relationship with Revivele. Revivele, in accordance with HIPAA (Health Information Portability and Accountability Act) establishes a BAA (Business Associates Agreement) for the legal and restricted transfer of any of your PHI or other user data, necessary to deliver or fulfill the product or service.

User Conduct

You must only use the Websites for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Websites. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Websites;

(ii) modify, distribute, or re-post any content on the Websites for any purpose; or

(iii) use the content of the Websites for any commercial exploitation whatsoever.

In using the Websites, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Websites or an affiliated or linked Websites;

(b) not to disrupt or interfere with any other user’s enjoyment of the Websites or affiliated or linked Websites;

(c) not to upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Revivele trademark, logo, or other proprietary information (including the images found on the Websites, the content of any text, or the layout/design of any page or form contained on a Website’s page) without Revivele’s express written consent;

(e) not to reverse engineer, or create derivative works based on the Websites or any content (including, without limitation, any software) available through the Websites.

(f) not to use meta tags or any other “hidden text” utilizing an Revivele name, trademark, or product name without Revivele’s express written consent;

(g) not to deep link to the Websites without Revivele’s express written consent;

(h) not to create or use a false identity on the Websites, share your account information, or allow any person besides yourself to use your account to access the Websites;

(i) not use the Websites to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Websites or portions of the Websites that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Revivele, including that any product submission you may make to Revivele will not be held in confidence by Revivele and is not proprietary, that Revivele may use the product submission and any aspect thereof for any purposes in Revivele’s sole discretion; and

(m) to comply with all applicable laws regarding your use of the Websites.

Protection of Intellectual Property Rights and License
You acknowledge that content available through the Websites, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, social media posts (image and/or video, or derivatives thereof) and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Websites for the sole purpose of using or placing an order via the Websites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Revivele’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Health and FDA Disclaimer Regarding Information Provided on the Websites

The information (including, without limitation, advice and recommendations) on the Websites is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition before taking any dietary, nutritional, herbal, or similar supplement or Product or  starting any new treatment or Service. You should consult with a physician or other healthcare provider before using any Revivele Products or Services, particularly if you are pregnant or nursing, anticipate surgery, are taking any medications, have a known history of medical conditions, illnesses or other health concerns, or are otherwise under medical supervision.

THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITES, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

Disclaimer of Warranties

Except where inapplicable or prohibited by law, the Websites and the Products are provided on an “as is” and “as available” basis, unless expressly set forth otherwise. Except as specifically provided, to the fullest extent permissible pursuant to Applicable Law, Revivele expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. Revivele does not make any warranty that the Websites will meet your requirements, or that access to the websites will be uninterrupted, timely, secure or error-free, or that it will be free of defect. Revivele makes no warranties as to the results that may be obtained from the use of the websites or the products or as to the accuracy, quality, or reliability of any information obtained through the websites.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Websites is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We provide information on the websites for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Websites for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use. no advice or information, whether oral or written, obtained by you from Revivele or through the Websites shall create any warranty not expressly made herein.

Links to Other Websites That Revivele Does Not Control
The Websites may provide links to other websites or resources, including advertisers, over which Revivele has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Revivele of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Revivele makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Revivele has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Websites via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Purchasing Items from Us

Product Representations: Revivele reserves the right to discontinue or change at any time without notice the specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. Revivele takes reasonable precautions to try to ensure that the prices quoted on the Websites are correct, to ensure that the Websites are complete, accurate, and current, and to describe the items available on the Websites as accurately as possible and to depict the most up to date packaging. However, Revivele does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free, or that Product packaging depicted on the Websites will match the actual product that you receive. If a Product described on the Websites is not as described when you receive it, or the packaging on the Websites does not match the product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy (see above) for a refund or credit. Revivele’ descriptions of, or references to, products not owned by Revivele do not imply endorsement of that product, or constitute a warranty by Revivele.  

Pricing Errors and Omissions: Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Websites and to correct errors once discovered. Any product on the Websites at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of our error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance: If you order a product, payment must be received by Revivele prior to Revivele’s acceptance of the order. Revivele may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available. Revivele only accepts orders for personal use. You cannot resell items offered on the Websites. If Revivele discovers that you are placing orders with the intent to resell items offered on the Websites or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Revivele will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping and Risk of Loss: Revivele may add applicable shipping and handling fees to your order. Unless otherwise noted, Revivele will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Revivele may provide delivery or shipment timeframes or dates, you understand that those are Revivele’ good-faith estimates and may be subject to change, based on our use of a third-party shipment company. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 15 business days from the date of your order, Revivele will use reasonable good faith efforts to contact you. If Revivele cannot contact you or you no longer wish to receive the item due to our delay, Revivele will cancel the order and promptly refund the amount tendered. Revivele may reject orders where the stated delivery address is outside the United States.

Sales Tax: In the United States, Revivele is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Revivele is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information: In ordering products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Revivele shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Revivele, or for any other reason that we, in our sole discretion, deem appropriate.

International Orders: At this time, Revivele may not directly sell certain Revivele products in any jurisdiction other than the United States of America (or Canada), as these products may not be approved for sale in other jurisdictions. While Revivele may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

• (a) You agree that the purchase of any Revivele products by you, as a non-U.S. resident, shall be (i) ex works Revivele’ facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
• (b) You hereby expressly authorize and direct Revivele to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
• (c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Revivele’ facilities in the United States to your foreign shipping address.

For Canadian Orders only: You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period; By ordering goods from Revivele, you hereby authorize a licensed Canadian customs broker chosen by Revivele to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, and account for applicable duties and taxes. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Revivele. You also authorize the customs broker to endorse any refund check issued by CBSA in your name so that Revivele can be reimbursed.

Electronic Communications, Signatures and Agreements

The information communicated on the Websites constitutes an electronic communication. When you communicate with Revivele through the Websites or via other forms of electronic media, such as e-mail or text-based messaging, you are communicating with Revivele electronically. You agree that Revivele may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Revivele provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Revivele, or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Revivele, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY REVIVELE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with Revivele

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Revivele are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Revivele, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Revivele. You acknowledge that by voluntarily providing your telephone numbers to Revivele, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Revivele relating to this Agreement, any purchase or transaction with Revivele, matters related to your account (including debt collection), and promotions regarding Revivele products. These communications may be made by or on behalf of Revivele, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Revivele will not be responsible for these charges.

Revivele may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Revivele notice within 30 days of any change to your contact information by emailing support@revivele.com or updating your user profile in the Health Hub.

Limitation of Liability

Except where otherwise inapplicable or prohibited by law, you expressly understand and agree that under no circumstances will Revivele, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “Revivele Parties”) be liable for indirect, special, incidental, or consequential damages. this includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Websites; (2) the use of, or the inability to use, items purchased on the Websites; or (3) the cost of procurement of substitute services or items.  In no event will Revivele’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Revivele in the last six (6) months, or if greater, one hundred dollars ($100 USD).

Because some jurisdictions (including, without limitation, the state of new jersey) prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the Applicable Laws of such jurisdiction.  If any portion of these sections is held to be invalid under the Applicable Laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections. If you are dissatisfied with your use of the Websites, with these terms, your sole and exclusive remedy is to discontinue use of the service.

Indemnification

Except where otherwise inapplicable or prohibited by law and to the fullest extent permitted by Applicable Law, you agree to indemnify and hold harmless Revivele from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation arising out of or relating to Your Use or your breach of this Agreement.

 
Termination of Websites

Revivele may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if Revivele reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Websites and Revivele may, in our discretion, cancel any outstanding orders for any Product or Service.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. Except where prohibited by Applicable Law, you agree that all disputes arising out of or relating to any purchase you make via the Websites, any information you provide via the Websites, this agreement (including its formation, performance, or alleged breach), and your use of the Websites will be exclusively resolved under confidential binding arbitration. You acknowledge and agree that you are waiving the right to bring a lawsuit in court against Revivele, including the right to a trial by jury, and rights available in a court, such as discovery or the right to appeal, may be more limited or may not exist. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute decided in a lawsuit, in court, by a judge or jury trial.

You agree that you may only bring a claim in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

Generally: Arbitration is a method of resolving a claim without filing a lawsuit. “Claim” means any dispute between you, Revivele, and/or any involved third-party relating to your account, Your Use (defined here), your relationship with Revivele, or these Terms. This includes any and all claims that relate in any way to your use of the Products, your attempted use of the Products, and any act or omission by Revivele or any third-party related to your use or attempted use of the Products. You, Revivele, or any involved third-party may pursue a Claim. Revivele agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Revivele. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration: As an exception to binding arbitration, you and Revivele both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Revivele will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures: You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Revivele, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by courier mail to: 777 Brickell Ave. Ste 500, Miami, FL 33131

Commencement of Arbitration: Except where otherwise prohibited by law (including, without limitation, the State of Florida), You and Revivele agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Location: For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone, video conference, or through written submissions if both you and Revivele agree.

Applicable Law: This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof

Sponsoring Organization, Rules and the Arbitrator: You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Revivele.

Arbitration Fees: Revivele shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if Revivele is the prevailing party in the arbitration, Applicable Law may allow the arbitrator to award attorneys’ fees and costs to Revivele.

Arbitration Award: The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with Applicable Law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by Applicable Law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability: This provision survives termination of your account or relationship with Revivele, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous: This provision is the entire arbitration agreement between you and Revivele and shall not be modified except in writing by Revivele.

Amendments: Revivele reserves the right to amend this arbitration provision at any time. Your continued use of any Revivele Websites, purchase of Revivele Product, or use or attempted use of Revivele Product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Revivele will provide you notice. Your continued use of any Revivele Websites, purchase of Revivele Product, or use or attempted use of Revivele Product, after receiving such notice is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A REVIVELE PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO REVIVELE, INC., 500-777 BRICKELL AVE. MIAMI, FLORIDA  33131; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY REVIVELE PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF REVIVELE PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Websites is subject to the Websites Privacy Policy, which is incorporated herein by reference.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in Miami, Florida, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for Revivele

Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to Revivele, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting Revivele from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices

All trademarks, service marks, trade names, logos, and any other proprietary designations used herein, including, but not limited to, revivele™, revivele MIND BODY SOUL™, revivele inhale™, revivele enhance™, revivele bloom™, revivele flow™, revivele flourish™, revivele exhale™, and Essentials by revivele™ are trademarks of Revivele Inc.

Revivele Inc. claims all applicable rights in and to its trademarks, service marks, and logos, whether or not explicitly stated. Use, reproduction, copying, or redistribution of these trademarks, without the written permission of Revivele Inc, is prohibited.

Failure to comply with these terms may result in legal action including, but not limited to, claims of trademark infringement, unfair competition, or dilution under the United States Trademark Act (Lanham Act), Title 15 of the United States Code.

No claim is made to the registered trademarks of others. You may not use or display any other trademarks or service marks displayed on the Websites without the permission of their owners.

Copyright Policy

It is Revivele’s policy to respect the copyright and intellectual property rights of others. Revivele may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Revivele may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Revivele complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Revivele’s Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow Revivele to locate the material.
4. Your address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Websites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Revivele, Inc. (a) via email at support@revivele.com; (b) in writing at 500-777 Brickell Ave. Miami, FL  33131; or telephone at 786-746-7222.

Other Important Terms

Revivele may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

You acknowledge and understand that if Revivele is unable to provide the Products as a result of an event outside of its control, Revivele will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Revivele. No delay by Revivele in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Revivele’ ability to subsequently exercise that right or remedy.

These Terms (together with any terms incorporated by reference herein) constitute the entire Agreement between you and Revivele relating to the subject matter herein. Any waiver must be agreed to by Revivele in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Revivele agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami, Florida.

Contact Us

Questions about this Terms & Conditions should be sent to us at: support@revivele.com.

BY ACCESSING OR USING THE WEBSITES, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT ACCESS OR USE THE WEBSITES OR OTHERWISE PLACE AN ORDER ONLINE.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on the Websites.  Your continued use of the Websites after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Websites.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REVIVELE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

User Eligibility

In order to use the Websites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites is not intended for children under the age of 18 and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old.

Return/Exchange/Cancellation/Refund Policy

Revivele warrants the quality of its products and shall make efforts to exchange any defective product. Anyone returning a damaged or defective product must follow the steps below.

RETURN/EXCHANGE:

1) Fill out a Product Return or Exchange Form (PREF) found on our FAQ page.
2) Submit to support@revivele.com .
3) A customer representative will investigate the nature of the request and will be in contact with you to seek resolution.
4) Based on the circumstances of the return, you may be responsible for shipping/courier fees.

CANCELLATION:

You can cancel your order anytime before it is dispatched directly by informing our Support team through email (support@revivele.com), or by calling our main line: 786-746-7222. We will refund the amount to you after deducting the payment gateway charges (3.5%) if you cancel the order before it is dispatched.

After your order is dispatched and you wish to cancel the order, you can refuse to accept the order when the courier agent comes to deliver this to you. If you cancel your order after it is dispatched, then we will refund the amount after deducting the payment gateway charges (3.5%) and courier charges (as per actuals depending on your location).

The refund will reflect in your account within 5-7 business working days depending on your bank’s processing time.

If we suspect any fraudulent transaction by any customer or if any transaction defies the terms and conditions of using the website, then we can at our sole discretion, cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

REFUND:

At this time, Revivele does not offer any formal product guarantees, product sampling, consumer trial periods, or any kind of money-back guarantee for dissatisfaction with any of our products or services. As such, all orders are final and nonrefundable.

Risks of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not an equal substitute for in-person health care in all cases. In order to use this service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Website. You agree and understand that Revivele is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

Liability Disclaimer

Any content available online or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the content nor any Services is intended to be substituted for medical diagnosis or treatment. Revivele does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on or transmitted through the Services (regardless of whether the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations).

Revivele disclaims any liability in any way to you for any decision you make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical telehealth professional. Revivele has no control over, cannot and does not guarantee the availability of any provider that is a part of the Services at any particular time. Revivele will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. You shall perform an independent investigation prior to selecting a healthcare professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board, and consulting other sources as may be appropriate. Revivele makes the Services available to its customers and their patients for the purposes of enhancing access and providing an informative and educational resource. Revivele may, but has no obligation to, review content posted on the Services. Revivele does not guarantee the timeliness and accuracy of any or all the content. Neither the authors (whether users of the Services or not), Revivele, nor any other party who has been involved in the preparation or publication of any content can assure you that such content is in every respect accurate or complete. Revivele disclaims liability for any errors or omissions or for the results obtained from the use of such content.

The procedures, products, services, and devices discussed and/or advertised within the Services are not applicable to all individuals, patients, or all clinical situations. Revivele makes no claims as to the effectiveness or long-term safety of any such procedures, products, services, or devices. You acknowledge and agree that any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success. Revivele disclaims any liability in connection with your use of such procedures, products, services, or devices.

Compliance with Laws & Transmission of Data

Certain Services that Revivele makes available to customers/users involve access to, and the processing of, PHI (defined below) that is provided to us for the purposes of coordinating such Services. With respect to its operation of the Services, and to the extent required by (A) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), and (B) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the “Privacy Laws”), Revivele will comply with the Privacy Laws applicable to any business associates and maintain the confidentiality of any Protected Health Information which is individually identifiable health information that is protected by HIPAA (“PHI”) transmitted or made available through the functionality of the Services. You acknowledge and agree that these Terms may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this section will survive the termination of your use of the Services. When you use the Services to upload, transmit, or receive PHI, you agree that, to the extent applicable, you shall comply with all applicable local, state, federal or international law, rule, or regulation, including, but not limited to, the Privacy Laws, any court order, or other order or decision in any governmental, administrative or judicial proceeding (collectively “Applicable Laws”). You represent and warrant that you will, at all times, comply with all directly or indirectly Applicable Laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Revivele, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI. To the extent permissible under Applicable Laws, you hereby grant to Revivele a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to you, your care, your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the applicable laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that Revivele shall comply with the Applicable Laws in connection with any such actions. REVIVELE DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICES WHETHER TO A PROVIDER LOCATED USING THE SERVICES OR OTHERWISE. REVIVELE RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY OR RESTRICT ACCESS TO THE SERVICES OR WEBSITES) THAT IN REVIVELE’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Prescription Policy

Certain products available through any Telehealth Program of Care require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers within a Program of Care, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may request to transfer the prescription at any pharmacy of your choice as prompted during your use of the Service. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Revivele fully honors patient freedom of choice and, if you receive a prescription for a medication, you understand that you always have the option to instruct your Provider to transfer that prescription to the pharmacy of your choice.

Not an Insurance Product

Revivele is not an insurer. Revivele does not accept or facilitate payment of Services via health insurance providers.  The Services are not insurance products, and the amounts you pay to Revivele are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

User-Generated Content: Non-Confidential Media

Subject to the limitations set forth herein, you or third parties may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through public social media channels and/or marketing or public relations partners) the Websites (“Your Content” or “Third-Party Content,” as applicable). Unless we indicate otherwise, by posting or submitting Your Content to the Websites, you grant Revivele a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Revivele and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Revivele is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party in any way for the content, or completeness, accuracy, or reliability of Your or Third-Party Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. Revivele has the right, but not the obligation, in its sole discretion, to monitor and edit or remove any activity or content, or take legal action against you or the third party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Websites,  Revivele, or its products, are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of Revivele.  Revivele takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorize Revivele and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products (“Submissions”), provided by you to Revivele are non-confidential and Revivele will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgement, attribution, or compensation to you.

User Generated Content: Personal/Private Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Websites (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Websites users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Revivele and your Provider that you have the legal right and authorization to provide all User Information to Revivele and your Provider for use as set forth herein and required by Revivele and your Provider.

Revivele may de-identify your information such that it is no longer considered protected health information (“PHI”) or personally identifiable information (“PII”). Revivele may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, clinical research, market research, or other purposes.

You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Revivele; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

You agree to defend, indemnify, and hold harmless Revivele and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Website or other use of the Website and/or Services in breach of this section.

E-Commerce Marketplace

The Revivele E-Commerce Marketplace (the “Marketplace”) is a directory of products (some of which may be directly manufactured by Revivele) and services (many of which will not be directly operated by Revivele) that may be displayed, offered, referenced, and/or integrated within the Revivele Websites. Revivele clients may use the Marketplace to browse, locate, or request information for personal use products and services. These products and services may be offered by third parties not owned or operated by Revivele. While Revivele may integrate third-party products and services into Revivele services, you understand and agree that Revivele in no way controls or is responsible for any third-party product or service on the Marketplace. Revivele will not be liable for your interactions with any organizations or individuals found on the Marketplace. In certain situations, you may be contracting separately for the use of such  integrated products and services offered by those third parties, and those dealings are solely between you and such organizations or individuals. Your use of any third-party product or service will not affect your relationship with Revivele. Revivele, in accordance with HIPAA (Health Information Portability and Accountability Act) establishes a BAA (Business Associates Agreement) for the legal and restricted transfer of any of your PHI or other user data, necessary to deliver or fulfill the product or service.

User Conduct

You must only use the Websites for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Websites. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Websites;

(ii) modify, distribute, or re-post any content on the Websites for any purpose; or

(iii) use the content of the Websites for any commercial exploitation whatsoever.

In using the Websites, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Websites or an affiliated or linked Websites;

(b) not to disrupt or interfere with any other user’s enjoyment of the Websites or affiliated or linked Websites;

(c) not to upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Revivele trademark, logo, or other proprietary information (including the images found on the Websites, the content of any text, or the layout/design of any page or form contained on a Website’s page) without Revivele’s express written consent;

(e) not to reverse engineer, or create derivative works based on the Websites or any content (including, without limitation, any software) available through the Websites.

(f) not to use meta tags or any other “hidden text” utilizing an Revivele name, trademark, or product name without Revivele’s express written consent;

(g) not to deep link to the Websites without Revivele’s express written consent;

(h) not to create or use a false identity on the Websites, share your account information, or allow any person besides yourself to use your account to access the Websites;

(i) not use the Websites to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Websites or portions of the Websites that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Revivele, including that any product submission you may make to Revivele will not be held in confidence by Revivele and is not proprietary, that Revivele may use the product submission and any aspect thereof for any purposes in Revivele’s sole discretion; and

(m) to comply with all applicable laws regarding your use of the Websites.

Protection of Intellectual Property Rights and License

You acknowledge that content available through the Websites, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, social media posts (image and/or video, or derivatives thereof) and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Websites for the sole purpose of using or placing an order via the Websites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Revivele’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Health and FDA Disclaimer Regarding Information Provided on the Websites

The information (including, without limitation, advice and recommendations) on the Websites is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition before taking any dietary, nutritional, herbal, or similar supplement or Product or  starting any new treatment or Service. You should consult with a physician or other healthcare provider before using any Revivele Products or Services, particularly if you are pregnant or nursing, anticipate surgery, are taking any medications, have a known history of medical conditions, illnesses or other health concerns, or are otherwise under medical supervision.

THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITES, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

Disclaimer of Warranties

Except where inapplicable or prohibited by law, the Websites and the Products are provided on an “as is” and “as available” basis, unless expressly set forth otherwise. Except as specifically provided, to the fullest extent permissible pursuant to Applicable Law, Revivele expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. Revivele does not make any warranty that the Websites will meet your requirements, or that access to the websites will be uninterrupted, timely, secure or error-free, or that it will be free of defect. Revivele makes no warranties as to the results that may be obtained from the use of the websites or the products or as to the accuracy, quality, or reliability of any information obtained through the websites.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Websites is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We provide information on the websites for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Websites for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use. no advice or information, whether oral or written, obtained by you from Revivele or through the Websites shall create any warranty not expressly made herein.

Links to Other Websites That Revivele Does Not Control

The Websites may provide links to other websites or resources, including advertisers, over which Revivele has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Revivele of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Revivele makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Revivele has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Websites via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Purchasing Items from Us

Product Representations: Revivele reserves the right to discontinue or change at any time without notice the specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. Revivele takes reasonable precautions to try to ensure that the prices quoted on the Websites are correct, to ensure that the Websites are complete, accurate, and current, and to describe the items available on the Websites as accurately as possible and to depict the most up to date packaging. However, Revivele does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free, or that Product packaging depicted on the Websites will match the actual product that you receive. If a Product described on the Websites is not as described when you receive it, or the packaging on the Websites does not match the product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy (see above) for a refund or credit. Revivele’ descriptions of, or references to, products not owned by Revivele do not imply endorsement of that product, or constitute a warranty by Revivele.

Pricing Errors and Omissions: Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Websites and to correct errors once discovered. Any product on the Websites at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of our error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance: If you order a product, payment must be received by Revivele prior to Revivele’s acceptance of the order. Revivele may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available. Revivele only accepts orders for personal use. You cannot resell items offered on the Websites. If Revivele discovers that you are placing orders with the intent to resell items offered on the Websites or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Revivele will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping and Risk of Loss: Revivele may add applicable shipping and handling fees to your order. Unless otherwise noted, Revivele will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Revivele may provide delivery or shipment timeframes or dates, you understand that those are Revivele’ good-faith estimates and may be subject to change, based on our use of a third-party shipment company. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 15 business days from the date of your order, Revivele will use reasonable good faith efforts to contact you. If Revivele cannot contact you or you no longer wish to receive the item due to our delay, Revivele will cancel the order and promptly refund the amount tendered. Revivele may reject orders where the stated delivery address is outside the United States.

Sales Tax: In the United States, Revivele is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Revivele is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information: In ordering products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Revivele shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Revivele, or for any other reason that we, in our sole discretion, deem appropriate.

International Orders: At this time, Revivele may not directly sell certain Revivele products in any jurisdiction other than the United States of America (or Canada), as these products may not be approved for sale in other jurisdictions. While Revivele may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

• (a) You agree that the purchase of any Revivele products by you, as a non-U.S. resident, shall be (i) ex works Revivele’ facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
• (b) You hereby expressly authorize and direct Revivele to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
• (c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Revivele’ facilities in the United States to your foreign shipping address.

For Canadian Orders only: You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period; By ordering goods from Revivele, you hereby authorize a licensed Canadian customs broker chosen by Revivele to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, and account for applicable duties and taxes. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Revivele. You also authorize the customs broker to endorse any refund check issued by CBSA in your name so that Revivele can be reimbursed.

Electronic Communications, Signatures and Agreements

The information communicated on the Websites constitutes an electronic communication. When you communicate with Revivele through the Websites or via other forms of electronic media, such as e-mail or text-based messaging, you are communicating with Revivele electronically. You agree that Revivele may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Revivele provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Revivele, or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Revivele, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY REVIVELE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with Revivele

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Revivele are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Revivele, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Revivele. You acknowledge that by voluntarily providing your telephone numbers to Revivele, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Revivele relating to this Agreement, any purchase or transaction with Revivele, matters related to your account (including debt collection), and promotions regarding Revivele products. These communications may be made by or on behalf of Revivele, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Revivele will not be responsible for these charges.

Revivele may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Revivele notice within 30 days of any change to your contact information by emailing support@revivele.com or updating your user profile in the Health Hub.

Limitation of Liability

Except where otherwise inapplicable or prohibited by law, you expressly understand and agree that under no circumstances will Revivele, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “Revivele Parties”) be liable for indirect, special, incidental, or consequential damages. this includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Websites; (2) the use of, or the inability to use, items purchased on the Websites; or (3) the cost of procurement of substitute services or items.  In no event will Revivele’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Revivele in the last six (6) months, or if greater, one hundred dollars ($100 USD).

Because some jurisdictions (including, without limitation, the state of new jersey) prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the Applicable Laws of such jurisdiction.  If any portion of these sections is held to be invalid under the Applicable Laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections. If you are dissatisfied with your use of the Websites, with these terms, your sole and exclusive remedy is to discontinue use of the service.

Indemnification

Except where otherwise inapplicable or prohibited by law and to the fullest extent permitted by Applicable Law, you agree to indemnify and hold harmless Revivele from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation arising out of or relating to Your Use or your breach of this Agreement.

Termination of Websites

Revivele may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if Revivele reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Websites and Revivele may, in our discretion, cancel any outstanding orders for any Product or Service.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. Except where prohibited by Applicable Law, you agree that all disputes arising out of or relating to any purchase you make via the Websites, any information you provide via the Websites, this agreement (including its formation, performance, or alleged breach), and your use of the Websites will be exclusively resolved under confidential binding arbitration. You acknowledge and agree that you are waiving the right to bring a lawsuit in court against Revivele, including the right to a trial by jury, and rights available in a court, such as discovery or the right to appeal, may be more limited or may not exist. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute decided in a lawsuit, in court, by a judge or jury trial.

You agree that you may only bring a claim in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

Generally: Arbitration is a method of resolving a claim without filing a lawsuit. “Claim” means any dispute between you, Revivele, and/or any involved third-party relating to your account, Your Use (defined here), your relationship with Revivele, or these Terms. This includes any and all claims that relate in any way to your use of the Products, your attempted use of the Products, and any act or omission by Revivele or any third-party related to your use or attempted use of the Products. You, Revivele, or any involved third-party may pursue a Claim. Revivele agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Revivele. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration: As an exception to binding arbitration, you and Revivele both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Revivele will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures: You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Revivele, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by courier mail to: Revivele, Inc. 777 Brickell Ave. Ste 500, Miami, FL 33131.

Commencement of Arbitration: Except where otherwise prohibited by law (including, without limitation, the State of Florida), You and Revivele agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Location: For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone, video conference, or through written submissions if both you and Revivele agree.

Applicable Law: This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof

Sponsoring Organization, Rules and the Arbitrator: You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Revivele.

Arbitration Fees: Revivele shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if Revivele is the prevailing party in the arbitration, Applicable Law may allow the arbitrator to award attorneys’ fees and costs to Revivele.

Arbitration Award: The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with Applicable Law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by Applicable Law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability: This provision survives termination of your account or relationship with Revivele, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous: This provision is the entire arbitration agreement between you and Revivele and shall not be modified except in writing by Revivele.

Amendments: Revivele reserves the right to amend this arbitration provision at any time. Your continued use of any Revivele Websites, purchase of Revivele Product, or use or attempted use of Revivele Product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Revivele will provide you notice. Your continued use of any Revivele Websites, purchase of Revivele Product, or use or attempted use of Revivele Product, after receiving such notice is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A REVIVELE PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO REVIVELE, INC., 777 Brickell Ave. Ste 500, Miami, FL 33131; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY REVIVELE PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF REVIVELE PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Websites is subject to the Websites Privacy Policy, which is incorporated herein by reference.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in Miami, Florida, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for Revivele

Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to Revivele, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting Revivele from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices

Revivele® is a trademark of Revivele, Inc. All other trademarks and service marks displayed on the Websites are the property of Revivele or their respective owners. You may not use or display any trademarks or service marks owned by Revivele without Revivele’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Websites without the permission of their owners.

Copyright Policy

It is Revivele’s policy to respect the copyright and intellectual property rights of others. Revivele may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Revivele may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Revivele complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Revivele’s Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow Revivele to locate the material.
4. Your address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Websites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Revivele, Inc. (a) via email at support@revivele.com; (b) in writing at 777 Brickell Ave. Ste 500, Miami, FL 33131; or telephone at 786-746-7222.

Other Important Terms

Revivele may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

You acknowledge and understand that if Revivele is unable to provide the Products as a result of an event outside of its control, Revivele will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Revivele. No delay by Revivele in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Revivele’ ability to subsequently exercise that right or remedy.

These Terms (together with any terms incorporated by reference herein) constitute the entire Agreement between you and Revivele relating to the subject matter herein. Any waiver must be agreed to by Revivele in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Revivele agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami, Florida.