Welcome to revigorator.com (“our,” “we,” “us,” “Site”). Please read these Terms of Conditions and Use (“Terms”) carefully, as acceptance of said Terms is required of you, the user, to access and use all content, purchasing services, and functions provided by revigorator.com (“Services”).

BY USING THIS SITE, YOU, THE USER, AGREE AND ACCEPT THE TERMS & CONDITIONS OF USE. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS, PLEASE EXIT THE SITE NOW. TO REMEDY DISSATISFACTION WITH THE SITE OR SERVICES OR PRODUCTS, PLEASE STOP USING THE SITE AND/OR SERVICES AND/OR PRODUCTS. AGREEMENT AND ACCEPTANCE OF TERMS ARE IMMEDIATELY IN EFFECT UPON ACCESSING THIS SITE.

Terms are in effect as of 12/09/22. We expressly reserve the right to change the Terms without notice. The user is responsible for reviewing, acknowledging, and agreeing to these Terms periodically to become familiarized with any updates. Continued use of this Site upon modification of Terms constitutes acknowledgment and agreement to updated Terms.

Our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, including (but not limited to) all parties involved in creating, producing, and/or delivering this Site and/or its contents, will be referred to as “Affiliates” herein.

The user is responsible for providing, at the user’s own expense, all equipment and materials necessary to use our Services, including a computer, modem, and internet access (in addition to payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features and Services, at any time, with or without notice to the user. Should we exercise such a right, we will not be liable to the user or any third party. Any new features that augment or enhance the then-current services on this Site shall also be subject to the Terms.

To access some of the services on this Site, the user is required to create an account by completing our online registration form, which requests specific information and data (“Registration Data”).. By registering, the user agrees that all information provided in the Registration Data is true and accurate. The user also agrees to update the Registration Data to ensure the information is current, complete, and accurate.

In all circumstances, our maximum liability is limited to the purchase price of the products sold. We shall not, under any circumstances, be liable for any claim or action in contract, tort, indemnity or contribution, or other claims relating to the products the Site sells which exceed this liability limit. We shall not be liable for third-party claims for damages against the customer or loss of business, loss or damage to exemplary damages, whether or not we have been made aware of the possibility of such claims or damages.

The user also grants the Site the right to disclose certain Registration Data about the user to third parties. The information we obtain through the user’s use of this Site, including the user’s Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.

Use of the Site is subject to all applicable laws and regulations, and the user is solely responsible for the content of the user’s communications through the Site. By using any communications service, or other interactive services that may be available to the user on or through this Site, the user agrees to not upload, share, post, or otherwise distribute or facilitate distribution of any Content — including text, communications, software, images, sounds, data, or other information — that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
• impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Site. We (generally speaking) do not pre-screen, monitor, or edit the Content posted by users of communications services, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we have the right, at our sole discretion, to remove any Content that, in our judgment, does not comply with these Terms or any other rules of user conduct that are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. The user hereby consents to such removal and waives any claim against the Site arising from such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

In addition, the user may not use their account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to the user or other authorized users of the Site. The user shall not interfere with anyone’s use and enjoyment of the Site and other similar services. Users who violate systems or network security may incur criminal or civil liability.

The user agrees that we may, at any time and at our sole discretion, terminate the user’s membership, account, or other affiliation with our Site without prior notice to the user for violating any of the above provisions. In addition, the user acknowledges that we will cooperate fully with investigations of systems or network security violations at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

This Site may link the user to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and the user acknowledges that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or any warranty of any kind, either expressed or implied.

For purposes of these Terms, “Content” is defined as any information, data, communications, software, photos, videos, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes instant messaging for customer support or any other original content.

By accepting these Terms, the user acknowledges and agrees that all Content presented to the users on this Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is the sole property of revigorator.com and/or its Affiliates. The user is only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy made for personal use only, the user may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from revigorator.com, and the user is solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent the use of Content displayed on, or obtained through, this Site that infringes upon the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed if any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

The following are registered trademarks or trademarks/service marks of the Site or its Affiliates: All custom graphics, icons, logos, and service names are registered trademarks or trademarks/service marks of the Site or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grants the user any right to use any trademark, service mark, logo, and/or the name of the Site or its Affiliates.

Subject to our Privacy Policy, any communication or material that the user transmits to this Site, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While the user retains all rights in such communications or material, the user grants us,our agents, and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept the user’s unsolicited ideas or proposals, so please do not submit them to us under any circumstance.

We respect the intellectual property of others, and we ask the user to do the same. If any user of this Site believes copyright, trademark or other property rights have been infringed by a posting on this Site, the user or the user should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• A description, in sufficient detail, of the copyrighted work the user believes has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
• A description of the material the user claims are infringing the copyrighted work listed in item #1 above.
• Reasonably sufficient information to contact the user (email address is preferred).
• Information, if possible, allowing us to notify the owner/administrator of the allegedly infringing webpage or other Content (email address is preferred).
• The following statement: “I, in good faith, believe that use of the allegedly infringed upon copyrighted materials described above is not authorized by the copyright owner, its agent, or by law.”
• The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Your signature.

The user acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to the user or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. INCLUDING BUT NOT LIMITED TO THE FOREGOING, WE MAKE NO GUARANTEE THAT (A) THE SITES SERVICES AND MATERIALS WILL MEET USER REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY THE USER FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET THE USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER ERRORS AND INACCURACIES.. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK. THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through the Site, the user may engage in commercial transactions with other users and vendors. All transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are solely between the seller or purchaser s and the user. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS SITE, AND THE USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT THE USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, site user, or other person(s) or entity not connected with us. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Site spokesperson speaking in their official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information on which policies are incorporated by reference into these Terms.

The user understands and agrees that temporary interruptions of services available through this Site may occur as normal events. The user further understands and agrees that we have no control over third-party networks used to access this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

The user understands and agrees that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER IN THESE INSTANCES.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER IN THESE INSTANCES.

Upon our request, the user agrees to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from the use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate with us in asserting any available defenses.

The user is solely responsible for maintaining the confidentiality of the user’s password and account and for any and all statements made and acts or omissions that occur through the use of the user’s password and account. Therefore, the user must take steps to ensure that others do not gain access to the user’s password and account. Our personnel will never ask the user for the user’s password. The user may not transfer or share the user’s account with anyone, and we reserve the right to immediately terminate the user’s account if the user transfers or shares the user’s account.

This Site may periodically advertise offers from third parties. The user may enter into correspondence with or participate in promotions advertised on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the user and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

We may make e-mail, messaging, blogging, or support chat services (collectively, “Communications”) available to users of our Site, either directly or through a third-party provider. We have made available separate supplemental agreements characterizing the relationship between the user and us that, except where expressly noted or contradictory, include these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by a court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited Communications (also known as “spam”) and/or other types of electronic Communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate Communication that is blocked or for any unsolicited Communication that is not blocked.

Mailboxes may have a limited storage capacity. If the user exceeds the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

The user agrees that we may, at our sole discretion, terminate or suspend the user’s access to all or part of the Site with or without notice and for any reason, including, but not limited to, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating the user’s relationship with the Site and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons thereof, the user’s right to use the services available on this Site immediately ceases, and the user acknowledges and agrees that we may immediately deactivate or delete the user’s account and all related information and files in the user’s account and/or bar any further access to such files or this Site. We shall not be liable to the user or any third party for any claims or damages arising from termination or suspension or any other actions taken by us in connection with such termination or suspension.

This Site (excluding any linked sites) is operated from the State of California in the United States. By accessing this Site, the user agrees to abide by the statutes and laws of the State of California, without regard to its conflict of law provisions. The principles thereof and the United Nations Convention on the International Sales of Goods will apply to all matters relating to the use of this Site. We and the user agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of California with respect to such matters.

All notices between us and the user shall be submitted in writing and delivered either by email or conventional mail. Notices to the Site must be sent to support@revigorator.com, if by email, or to 1 Technology Dr., Irvine, CA 92618, if by conventional mail. Notices from us to the user will be sent to the address provided in the user’s Registration Data. In addition, we may broadcast notices or messages to users through the Site to inform users of site changes or other matters of importance, and such broadcasts shall constitute official notice to the user at the time of sending.

These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by us and the user. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

In any action against or related to these Terms, if the user is the prevailing party, the user will be entitled to reimbursement of costs and attorneys fees. Any cause of action brought by the user against us or our Affiliates must be instituted within one year of the cause of action or be deemed forever waived and barred.

The user may not assign the user’s rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

The user agrees not to sell, resell, reproduce, duplicate, copy, or use, for any commercial purposes, any portion of this Site, or access to this Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Except as explicitly noted on this Site, the services available through this Site are offered by revigorator.com located at 1 Technology Dr., Irvine, CA 92618. If the user notices that any user is violating these Terms, please contact us at support@revigorator.com.