TERMS OF SERVICE
This website is operated by RESTART LLC. Throughout the site, the terms “we”, “us”, “our” and “RESTART” refer to RESTART LLC, as is appropriate and depending on the context in which the term is used. “You” means you, the person who is agreeing to these Terms of Service. RESTART offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This Agreement (“Agreement”) constitutes the Terms of Service related to your use of RESTART, and any transactions as a customer of RESTART .
The website is owned by RESTART and RESTART reserves the right to withdraw access to the website and to temporarily or permanently take down the website. You agree that use of the website is at your own risk. You agree to comply with all laws and regulations associated with your use of the website, including, but not limited to, export and re-export control laws.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WP Engine using Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – STORE TERMS AND ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES, AVAILABILITY AND MODIFICATIONS
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to cancel your order at any time, for any reason including, but not limited to, mistaken pricing on our website or marketing materials, shortages of materials, increases in price of materials, or any other purpose that we may deem appropriate. Any changes to the Agreement will be effective immediately for new buyers, while any material changes will become effective after thirty (30) days for previous purchases unless they have sent notice to us that they do not agree with the changes and have stopped using our site. Otherwise, your continued use of our site and program constitutes your acceptance of such changes. You agree that we may charge you the applicable price and shipping cost agreed to at the time of checkout, and that payment is not immediately refundable once order confirmation has been sent. See SECTION 33 – WEBSITE CONTENT AND PRODUCT POSTINGS for more information.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION WE MAY REQUIRE
As a part of using our service, you must be at least eighteen years old, or, if applicable, whatever older age is required to enter into binding contracts in your jurisdiction.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. See SECTION 26 for full details.
In no case shall RESTART LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.SECTION 14 – JURISDICTION
In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any purchases with us, shall be governed solely by the laws applicable to Texas.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless RESTART LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, product, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonably attorneys’ fees and court costs.
SECTION 15 – CLASS ACTION AND ARBITRATION
You and RESTART LLC, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website, distributed through our website or other locations; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned.
Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in Texas.
In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Texas. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.
To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website or purchase of our product, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – COPYRIGHT AND TRADEMARK
All content on the website uploaded by or on behalf of RESTART is protected by copyright, trademark and other applicable laws. ALL RIGHTS RESERVED. You are granted limited permission to use such content but only for your personal, informational, and non-commercial purposes as provided herein. Using RESTART LLC’s copyrighted content or trademarks, in whole or in part, without permission is infringement.
Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our copyrighted content is prohibited.
RESTART relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.
Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of RESTART, financially or otherwise.
You may download, print, and copy pages that contain copyrighted content, copyrighted photos, or various RESTART trademarks for your personal use and review — e.g., pinning on Pinterest or sharing on other social media sites — but you may not remove any copyright or trademark notices from those pages or photos and you are not authorized to use any of the content or photos for commercial purposes, such as including them on a site that you are attempting to sell RESTART products, regardless of whether you are selling one item or multiple items (except as allowed by applicable law). You may not use any content in a manner that suggests an association with RESTART or any of its products or services, unless you have permission from RESTART to do so.
The website may also contain trademarks of other companies that are the intellectual property of those companies. You may not use those trademarks and RESTART LLC is not licensed to grant you permission to use such trademarks.
You are not authorized to create products from the content on the website or from the products on the site. Derivative works, under Copyright Law, are works based upon a pre-existing work.
RESTART trademarks may not be copied, downloaded, modified, reproduced, used, or distributed without prior written consent.
Claims of Copyright Infringement (DMCA Notice). Pursuant to the Digital Millennium Copyright Act (DMCA), if you believe that any content hosted by RESTART on our website infringes your copyright, you (or your agent) may notify our copyright agent:
Legal Department – Attn: Copyright Agent
P.O. Box 201046
Austin, TX 78720
Email: Contact (please include “DMCA Notice” in the email subject line)
NOTE: The above email address is reserved for DMCA matters only. Contact information for other matters is provided below and elsewhere on the website.
To be effective, your notice must be provided to our copyright agent (by mail or email as indicated above) and include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) specific identification of the copyrighted work(s) believed to have been infringed; (c) identification of the content that a copyright owner claims is infringing upon copyrighted work and information reasonably sufficient to enable us to locate the content on the website, including the unique URL and/or screenshots of the allegedly infringing content if possible; (d) the name, street address, telephone number, and email (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and “under penalty of perjury” that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your notice may not be effective if it does not comply with current statutory notice requirements imposed by the DMCA.
We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to the email listed above.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any purchases with us, shall be governed solely by the laws applicable to Texas.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 13402 Anderson Mill Road, Cedar Park, TX, United States.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – SHIPPING AND TAXES
Orders generally take about 1-2 business days to process and ship. Delivery will take approximately 3-7 business days. See additional information in Store Policies.
SECTION 23 – RETURNS AND EXCHANGES
See Store Policies for details.
SECTION 24 – CONSULT A PHYSICIAN
The information found in RESTART literature and on RESTARTCBD.com is for informational and educational purposes only. As with any health supplement, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered by RESTART LLC do not diagnose, treat, cure or relieve any medical or health conditions. Neither our website, customer service representatives, employees, nor any third parties linked to from our website are authorized to provide any medical advice.
SECTION 25 – CONTACT INFORMATION
Correspondence can be mailed to our corporate address at: RESTART LLC, 13402 Anderson Mill Rd #204, Cedar Park, TX 78613
SECTION 26 – REPRESENTATIONS AND WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RESTART NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RESTART NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SECTION 27 – LIMITATIONS AND LIABILITY
RESTART LLC DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF THIS SITE OR PRODUCTS FOUND, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO EVENT WILL RESTART, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR YOUR USAGE OF OUR PRODUCTS IF THEY ARE NOT ALLOWED FOR USAGE BY ANY PROFESSIONAL OR AMATEUR SPORTING GOVERNING BODIES, USE AT YOUR OWN RISK IF YOU PARTICIPATE IN ANY ORGANIZATIONAL ACTIVITY THAT BANS THE USE OF SUCH PRODUCTS.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, TEXAS RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF TEXAS CIVIL CODE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. YOU HEREBY WAIVE THIS SECTION OF THE TEXAS CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, PRODUCTS, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
SECTION 28 – LIMITATIONS AND LIABILITY
We may provide links to third party websites containing reviews, health information, studies, or other content that our customers may be interested in reading. We are not responsible for the content on these third party websites and you use it at your own peril. Please not that any authorization by us to reproduce our own content, trademarks, or trade dress, does not extend to the reproduction of that of a third party website.
SECTION 29 – FORCE MAJEURE
You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.
SECTION 30 NON-WAIVER
Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to enforce that or any other provision.
SECTION 31 – CONTINUITY
Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce as though the unenforceable provision had not been a part of this Agreement.
SECTION 32 – AMENDMENTS
We may amend this Agreement from time to time as we see fit. Through your continued use of our website or ordering of our product, you agree to any changes that we may make. It is your responsibility to check our “Terms of Service” page each time that you visit our website to ensure that you are up to date with any amendments.
SECTION 33 – WEBSITE CONTENT AND PRODUCT POSTINGS
RESTART in its sole discretion, and without notice or liability to you, may update, modify, correct, or delete website content, including, but not limited to, price changes, changes to descriptions of product, the removal of product from the website, and the addition of a limitation in the quantity of specific products that one customer may order.
RESTART strives to ensure that accurate prices are posted on the website but does not warrant that the price displayed is the correct price. Pricing on the website should always be the same as prices in any RESTART retail store, but in the event of a conflict, the price given at a RESTART retail store will prevail. Pricing is in US Dollars. Additionally, RESTART does not warrant that product descriptions or depictions are accurate. For example, the descriptions may contain typographical errors or the photos or depictions may be enlarged to show detail.
RESTART does not warrant that every item you view on the website is currently available. For example, some items may be temporarily out-of-stock while other items may have been discontinued but not yet removed from the website. There is no guarantee that items that you view on one visit to the website will be available the next time that you visit the website.
If you notice a discrepancy on the website in pricing, descriptions, or availability, please notify Customer Service. RESTART appreciates your notifications but does not have a legal duty to update or modify the website.
SECTION 34 – TECHNOLOGY ISSUES
RESTART does not warrant that the website will be continuously available, that it will operate without interruptions, or that it will be free of errors or viruses, bugs, or any harmful components. You are solely responsible for taking steps to ensure that any material you obtain from the website is free from such harmful components.
Your device’s screen settings may affect the colors of the product seen on your device which may vary from the actual product. Your screen may cause the product to appear larger or smaller than the actual size (and as noted above, some photos have been enlarged to show detail).
SECTION 35 – LINKS TO WEBSITES OF OTHERS
RESTART does not endorse any third-party website, even if we have a link to such website on our website, and we are not responsible or liable for any content on such third-party website. The material on a third-party website could have inaccurate information or be outdated. We encourage you review the legal and privacy terms of any third-party website you visit.
SECTION 36 – SUBMISSIONS TO RESTART
Submission Policy. RESTART has its own Product Department and does not, as a general rule, solicit product ideas from its customers or other third-parties. If you do submit an unsolicited idea it will be returned to you with an informational letter explaining our applicable policies and procedures. Additionally, a legal Release will be included that states that the submitter is releasing the idea to RESTART without compensation. This Release must be signed prior to submission and/or re-submission of ideas
Content Submission Policy. Any submission of ideas, data, photos or other content that you make on the website, or on a public forum, or to RESTART by any other communication medium, whether in response to a promotion or otherwise, is submitted as non-confidential and non-proprietary information. Upon submission, the submitted content becomes subject to the below-described license to RESTART and may be used, modified, distributed, or disclosed without compensation to you, i.e. free of charge, in marketing, advertising, promotions, designing new products, or for any other use or purpose that RESTART contemplates, commercial or otherwise, without a requirement to notify you or to obtain your consent or provide you with any form of compensation or recognition. You warrant that you own or have rights to use any information or content that you submit to RESTART If you submit photos of persons other than yourself, you warrant that you have obtained the permission of all persons in the photos to submit the photos to RESTART for use as provided herein.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That is confidential or private information;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, abusive, obscene, vulgar, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity;
- For which you were compensated or granted any consideration by any third-party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files;
- That is advertising or promotional material, including any “junk mail”, “spam”, or any other similar solicitation; or
- That references by name, or that impersonates, a RESTART employee, another user, customer, person or company.
By making submissions, you grant RESTART royalty-free, perpetual, irrevocable, and fully sublicensable right to use the submitted content throughout the world in any media and for any purpose and you waive any rights, including moral rights, that you may have in any alterations or modifications of the content.
RESTART may decide, in its sole discretion, to maintain the confidentiality of any communications or correspondence that it receives from you but it is under no obligation to do so. RESTART is not obligated to review any unsolicited communications or submissions but will review submissions to the extent necessary in response to a RESTART promotion. Unsolicited ideas will not be reviewed but will be returned to you in accordance with the Submission Policy. RESTART is not obligated to return any submissions to you or to notify you that it has received any submissions or communications, including correspondence. RESTART will decide in its sole discretion whether to attribute any submitted content to you and may use your first name, social media username (if applicable), and/or city location without your consent. RESTART reserves the right to remove any submission that it determines, in its sole discretion, is not appropriate for the website or any other use.
Contest Rules. We will occasionally have contests and promotions that will have their own specific rules or terms and conditions. You understand and agree that you will read any rules or terms and conditions and that such rules and terms and conditions will be incorporated into these website Terms.
SECTION 37 – DISCLAIMER OF WARRANTIES/LIABILITY/DAMAGES
THE WEBSITE AND ANY OF ITS CONTENT ARE PROVIDED “AS-IS,” WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
RESTART SHALL NOT BE LIABLE FOR ANY COSTS, FEES, CLAIMS, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EXPENSES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR INABILITY OF A PERSON TO USE THE WEBSITE, OR DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, AN ERROR, OMISSION, AN INTERRUPTION, DEFECT, OR DELAY IN OPERATION, A COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT RESTART IS NOT LIABLE FOR ANY CONTENT POSTED BY THIRD-PARTIES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR OTHERWISE ILLEGAL CONTENT OR CONDUCT OF THIRD-PARTIES. RESTART RETAINS THE RIGHT TO IMMEDIATELY REMOVE ANY CONTENT THAT IT DETERMINES, IN ITS SOLE DISCRETION, IS NOT APPROPRIATE FOR THE WEBSITE.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RESTART FOR ANY COSTS, FEES, CLAIMS, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS.
SECTION 38 – MISCELLANEOUS
Resolution of Disputes; Venue. You agree to bring any issue to the attention of RESTART prior to initiating legal action against RESTART. If legal action is initiated, you agree that the laws of Texas shall apply to all disputes and that any legal action will be decided in the state and federal courts of Travis County, Texas. You agree with RESTART that all claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding or as an association.
Severance. The invalidity of any of the terms and conditions contained in these Terms shall not affect the validity and enforceability of any of the other terms or conditions herein.
No Waiver. The failure of RESTART to enforce a right against you does not waive any right to enforce against you for future violations of the same or a different right.
This website is operated in conjunction with a hosting company and third-party service providers.