PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
- Acceptance of Terms
Your use of the Services, including the purchase of any products on the Services, is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into these Terms.
- IMPORTANT NOTE ABOUT CONTENT
The content on the Services is for your general educational information only and is not intended to make claims that the products can be used to diagnose, treat, cure or prevent any disease. The claims have not been clinically proven or evaluated by the Food and Drug Administration.
The content on the Services cannot, and is not intended to, replace the relationship that you have with your health care professionals. The content on the Services should not be considered and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on the Services and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding whether a particular product or course of treatment may be appropriate for you. None of the content on the Services represents or warrants that any particular product or treatment is safe, appropriate or effective for you, or that any particular health care provider is appropriate for you. Health information changes quickly. You should always confirm information with your health care professionals.
- Use of the Services
In order to use our Services, you must be at least 18 years old and able to enter into a legally binding contract with us. You may only use our Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You may not use the Services if we have previously removed you from the Services or if you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
b. License to Use the Services
Except with respect to User Content, Rebuild Your Vision, its third-party content providers, or its service providers own all rights, title and interest in the Services. The Services are protected by copyright, trademark, and other applicable laws. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Services. Any future release, update or other addition to the Services shall be subject to these Terms. Rebuild Your Vision and its service providers reserve all rights not granted in this Agreement.
Rebuild Your Vision’s graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Rebuild Your Vision and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
c. License to Use Documents on Site
Documents such as white papers, press releases, datasheets, and FAQs (“Documents”) may be posted on the Services. Rebuild Your Vision and its third-party content providers grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Documents for your personal, noncommercial use only, provided that (1) the copyright notice on such Documents and this permission language appears on all copies, (2) such Documents shall not be copied or posted on any public website or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom with written consent from Rebuild Your Vision.
d. Rebuild Your Vision Accounts
You may be required to create an account to use some of the features of the Services. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Rebuild Your Vision will not be liable for any losses caused by any unauthorized use of your account or of any password you create for your account.
By connecting to the Services with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
e. Rules for Using the Services
When accessing or using the Services, you agree not to:
- Violate these Terms, any additional agreements you enter into with Rebuild Your Vision in connection with the Services, Rebuild Your Vision policies, or any law or regulation;
- Engage in activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Infringe or violate the intellectual property rights or any other rights of anyone else (including Rebuild Your Vision);
- Unless authorized by Rebuild Your Vision, advertise or offer to buy or sell any goods or services;
- Unless authorized by Rebuild Your Vision, collect any personally identifiable information from Users of the Services or use any such information found on the Services;
- Engage in activity that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you or logging into the Services as someone else);
- Attempt, in any manner, to obtain the password, account, or other security information from any other User;
- Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
- Violate the security of any computer network, or crack any passwords or security encryption codes;
- Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- Use “robots,” “crawlers,” or “spiders” to access the Services or disregard any instructions in robots.txt files present on the Services;
- Send spam, chain letters, or other unsolicited email;
- Upload invalid data, viruses, worms, or other software agents through the Services;
- Access any content on the Services through any technology or means other than those provided or authorized by the Services;
- Bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or
- Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services or to any features of the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Rebuild Your Vision shall have no liability for your interactions with other Users, or for any User’s action or inaction.
You are responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of the Services and all charges related thereto.
a. User Content
The Services may allow Users to post or submit content via email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or message boards. (Any such materials a User submits, posts, displays, or otherwise makes available on the Services or to Rebuild Your Vision is “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Rebuild Your Vision has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services.
In connection with your User Content, you affirm, represent and warrant that you are solely responsible for obtaining all consents as may be required by law to collect or submit any User Content (including without limitation any personally identifiable information such as biographical information) relating to third parties.
No compensation will be paid with respect to any use of User Content.
Rebuild Your Vision takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Rebuild Your Vision shall not be liable for any damages you allege to incur as a result of User Content.
b. License to User Content
Subject to any applicable account settings that you select, you grant Rebuild Your Vision, and anyone authorized by Rebuild Your Vision, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use your User Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in your User Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant Rebuild Your Vision, and anyone authorized by Rebuild Your Vision, the right to identify you as the author of your User Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of your User Content. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
If you choose to provide us any comments, suggestions or recommendations regarding the Services (in written or oral form) (“Feedback”), you further represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Rebuild Your Vision and its Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.
d. DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Services infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Rebuild Your Vision identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (e) a written 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, and (f) a statement by you, made under penalty of perjury, 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.
Notices of infringement should be directed to the following Designated Agent of Rebuild Your Vision:
Rebuild Your Vision, LLC
Attn: Copyright Agent
Rebuild Your Vision, LLC
14241 NE Woodinville-Duvall Road, #398
Woodinville, WA 98072
Or e-mail: [email protected]
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
- Information From Third-Party Content Providers
The Services may contain content supplied by third-party content providers. Rebuild Your Vision has no control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third party content providers are those of the respective author(s) or distributor(s) and not of Rebuild Your Vision. Rebuild Your Vision does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Rebuild Your Vision neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized Rebuild Your Vision employee spokespersons while acting in their official capacities. Under no circumstances will Rebuild Your Vision be liable for any loss or damage caused by your reliance on information obtained through the Services. It your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Rebuild Your Vision. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
Testimonials on this website are from people who have used our products and provide information about the individual’s experiences as to the point in time when they are provided. However, we do not claim that the testimonials on this website are typical of what all consumers will achieve, and they are not representative of all people who use our products. These testimonials are used as examples of what is possible in extreme cases, but you may experience little or no improvement with our products.
Testimonials are proofed for grammatical errors and edited for length and relevance. Once a testimonial is submitted, some customers are asked to send a picture to accompany their testimonial. In exchange for taking the time to send their picture, they are offered a $50 check or gift of similar value.
- FEES AND TERMS OF SALE
We will not charge you a fee to use the basic functionality of the Services, but fees may be charged for certain products and services. The following terms apply only to your purchase of products and services offered by Rebuild Your Vision on the Services (“Products”), and not to your purchases of Products provided by third parties, even if the Services provides links to or otherwise facilitates your access to such third party products and services.
Product Descriptions. There may be times when certain information contained on the Services may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order, in our sole discretion) or to update Product information at any time without notice. Descriptions or images of, or references to, products and/or services on the Services do not necessarily imply Rebuild Your Vision’s endorsement of such products and/or services. Rebuild Your Vision reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Services with any product or service.
Availability and Displayed Pricing. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished we will attempt to remove the item from the Services in a timely manner but make no guarantees in this regard. Products offered for sale on the Services are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on the Services. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Recurring Billing. We sell some Products on a subscription basis. By submitting your order for such a Product, you authorize us to charge your Payment Method on a recurring, monthly basis for the applicable subscription charge, any and all taxes, shipping, or possible transaction fees, and any other charges incurred in connection with your purchase of the Product. Your payment to Rebuild Your Vision will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period.
Trial Subscriptions. We offer trial subscriptions on some of our Products. If you sign up for a trial subscription, Rebuild Your Vision will provide you with a 30-day supply of the Product for just the cost of shipping. At the end of the 30-day trial period, we will charge your Payment Method for the applicable subscription charge and your subscription will automatically renew monthly unless you cancel your subscription prior to the end of the free trial period.
Trial subscription quantities are limited. One trial subscription per household.
Price Changes. Rebuild Your Vision may change the price for the Product you purchase from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Product subscriptions will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
No Refunds. Payments are nonrefundable. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Pausing Product Subscriptions. You may put your Product subscription on hold for a maximum of twelve (12) months. To do so, please contact us at [email protected] or 1-877-733-4543.
Cancellation. You may cancel your Product subscription at any time. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. To cancel, go to your account page and click “Cancel.” You can also contact us at [email protected] or 1-877-733-4543.
Payments. We may accept major credit cards, certain debit cards, and/or such other payment methods we may make available to you from time-to-time through our Services, as forms of payment (“Payment Method”). You may also make orders through an app store or third party payment service. Payments of such fees will be governed by your app store’s or such third party’s terms applicable to in-app purchases. You agree to comply with all such terms and other requirements of your app store or such third party. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Services. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law. By submitting an order, you authorize Rebuild Your Vision, or its designated payment processor, to charge the account you specify for the purchase amount.
PLEASE NOTE: Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment.
We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Returns and Exchanges. All sales are final, and expect as expressly stated herein, items may not be returned or exchanged.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. Notwithstanding the foregoing, we have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.
International Orders. If you are located outside of the United States of America, we may not ship the products to your country and may not permit you to order products. If you are located outside of the United States of America and we ship Products to you or make Products available for download by you, you will be entirely responsible for compliance with the export laws of the United States of America and import laws of the destination (and any countries of transshipment). You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States and the import of the products to the destination (and any countries of transshipment).
Subject to the terms of Section 8, you can terminate your use of the Services at any time by ceasing further use of the Services, but any unpaid amounts you owe to Rebuild Your Vision for products or services purchased will remain due.
At its sole discretion, Rebuild Your Vision may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Rebuild Your Vision reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Rebuild Your Vision for products or services purchased will remain due.
- WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REBUILD YOUR VISION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, REBUILD YOUR VISION, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED FROM USE OF THE SERVICES; THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT MAY BE OBTAINED FROM USE OF THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES REBUILD YOUR VISION, ITS SUBSIDIARIES, ITS AFFILIATES, OR ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, THE REBUILD YOUR VISION PROGRAM, OR PRODUCTS SOLD ON THE SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REBUILD YOUR VISION AND/OR ITS RESPECTIVE THIRD-PARTY CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
REBUILD YOUR VISION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED OR EMBEDDED WEBSITE OR SERVICE (INCLUDING WITHOUT LIMITATION THOSE OFFERED BY OTHER USERS, SUCH AS ORGANIZATIONS), AND REBUILD YOUR VISION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REBUILD YOUR VISION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL REBUILD YOUR VISION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REBUILD YOUR VISION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL REBUILD YOUR VISION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT MORE THAN GREATER OF (1) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM or (2) $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REBUILD YOUR VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT REBUILD YOUR VISION’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM REBUILD YOUR VISION’S OWN INTENTIONAL OR RECKLESS CONDUCT.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH Rebuild Your Vision AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Rebuild Your Vision agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a dispute, Rebuild Your Vision or you must provide the other notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Rebuild Your Vision by email to [email protected] and by U.S. Mail to Rebuild Your Vision LLC, 14241 NE Woodinville-Duvall Road, #398, Woodinville, WA 98072. To the extent that Rebuild Your Vision has your contact information, it will send any such notice to you by U.S. Mail and your email address.
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Los Angeles, California. Rebuild Your Vision and you further agree to submit to the personal jurisdiction of any state or federal court in Los Angeles, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the CEO, Rebuild Your Vision LLC, 14241 NE Woodinville-Duvall Road, #398, Woodinville, WA 98072. The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Rebuild Your Vision will pay the additional cost. Rebuild Your Vision shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Rebuild Your Vision is specifically required to pay such fees under applicable law.
If Rebuild Your Vision’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.
You or Rebuild Your Vision may choose to pursue a claim in small claims court where jurisdiction and venue over you and Rebuild Your Vision otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Rebuild Your Vision with advance notice by email to [email protected] and by U.S. Mail to Rebuild Your Vision LLC, 14241 NE Woodinville-Duvall Road, #398, Woodinville, WA 98072.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Rebuild Your Vision. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Rebuild Your Vision HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Rebuild Your Vision are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: CEO, Rebuild Your Vision LLC, 14241 NE Woodinville-Duvall Road, #398 , Woodinville, WA 98072, or by email at [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Rebuild Your Vision, or any employee, officer, director, or investor of Rebuild Your Vision, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this Agreement (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
Changes to This Section. Rebuild Your Vision will provide thirty (30) days’ notice of any changes to this section by posting on the Rebuild Your Vision website or app, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on Rebuild Your Vision’s websites or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Website.
Severability. Subject to Section 12, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Rebuild Your Vision.
- WAIVER OF CLASS OR CONSOLIDATED ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Rebuild Your Vision and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Rebuild Your Vision and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Rebuild Your Vision customers, and cannot be used to decide other disputes with other customers.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Rebuild Your Vision, or any employee, officer, director, or investor of Rebuild Your Vision, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
This Class Action Waiver section shall survive any termination of your account or the Services.
- Third Party Beneficiaries
You and Rebuild Your Vision agree there are no third party beneficiaries intended under these Terms.
- Changes to these Terms
Rebuild Your Vision reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms or any applicable supplemental Terms on our Services. If we make a material change to these Terms, we will notify you as required by law. Your continued use of the Services following any changes signifies your acceptance of our Terms as modified.
- General Provisions
Electronic Communications. You agree to receive communications from Rebuild Your Vision electronically, such as emails, texts, mobile push notices, or notices and message on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Rebuild Your Vision provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Rebuild Your Vision’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Rebuild Your Vision shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Exclusive Venue. Any claim or dispute between you and the Company that arises out of or is related to the Services and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in King County, Washington and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of King County, Washington.
Governing Law. These Terms and any dispute of any sort that might arise between you and the Company will be governed and interpreted by and under the laws of the State of Washington, consistent with the Federal Arbitration Act, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Notice. Where Rebuild Your Vision requires that you provide an e-mail address, you are responsible for providing Rebuild Your Vision with your most current e-mail address. In the event that the last e-mail address you provided to Rebuild Your Vision is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Terms, Rebuild Your Vision’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Rebuild Your Vision at the following address: CEO, Rebuild Your Vision, LLC, 14241 NE Woodinville-Duvall Road, #398, Woodinville, WA 98072. Such notice shall be deemed given when received by Rebuild Your Vision by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any waiver must be in writing and signed by both you and Rebuild Your Vision to be legally binding.
Severability. Subject to Sections 14 and 15, if any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
No Right of Survivorship & Non-Transferability. Your account is non-transferable and any rights to your account and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services or purchasing products from us, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Rebuild Your Vision products and/or services, affiliate services, third party content, or products, or third party software.
Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
Section Titles. The section headings used herein are for convenience only and shall not be given any legal import.
Interpretation. You agree that these Terms will not be construed against Rebuild Your Vision by virtue of having drafted them.
- Contact Information
If you have any questions, complaints or claims with respect to the Services, please contact us at [email protected] or 1-877-733-4543