Terms Of Service

Reviv3 Procare Company (“we”, “us” or “our”) provides the content and services available on the website reviv3.com and reviveprocare.com (the “Website”). By accessing, using, or viewing the Website, or any of its services, functions or contents, you agree to each of the following terms, conditions, our Privacy Policy, and notices which govern your use of the Website and your purchase of products on the Website.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. THE TERMS AND CONDITIONS SET FORTH ARE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE (THE “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, YOU MAY NOT USE THE WEBSITE OR ACCESS ANY SERVICES.

We may at our sole discretion change, revise, delete or add certain parts of these Terms of Use at any time on a going-forward basis. We encourage you to refer to these Terms of Use prior to use of the Website. Your use of the Website constitutes you acceptance of these Terms of Use and any of its changes. We will provide notices of any material changes to our terms and conditions by posting notices on the Website. We may also, at our sole discretion, send such notices by email.

Privacy

For information on how we use and protect personal information with respect to the Website, please refer to our Privacy Policy. The Privacy Policy is incorporated in these Terms of Use and by using our Website you agree to the terms of the Privacy Policy.

General Terms and Conditions

The products and services available on the Website, are intended for personal, non-commercial use only. You may not sell or resell any of the products or services, and use the Website only for lawful non-commercial purposes and in compliance with all local, state and federal laws. Unless

expressly permitted by these Term of Use or by written consent, you may not reproduce, duplicate, display, sell, transmit, distribute, modify, or otherwise exploit, in whole or in part of this Website.  

Intellectual Property Rights

All information and content available on the Website including but not limited to logos, trademarks, button icons, designs, images, videos, features and functions, text, graphics, software, and the compilation and organization of the content thereof (the “Content”) is owned by us and our licensors. This Content is protected by copyrights and trademark laws of the United States and international copyright and trademark laws.

We grant limited, non-exclusive and revocable access and use of our Content,one copy for personal, non-commercial home use and in strict accordance with these Terms of Use. Unless authorized in writing by us, any modifications of the Content or use of the Content for any other purpose as stated is in violation of our copyright and other proprietary rights. We may in our sole discretion discontinue this access and terminate such access at any time for any reason.

Copyright Infringement Notices

We respect the intellectual property right of others. In the event you are a copyright owner or an agent thereof and believe copyrighted material have been copied in a manner that constitutes infringement of your copyright in accordance with the Digital Millennium Copyright Act, please send an email or written notice and provide us the following information:

  • Identification of the owner or authorized person acting on behalf of the owner in the form of physical or electronic signature that is allegedly infringed;
  • A detailed description and location on the Website of the copyrighted work(s) or material(s) that is claimed to have been infringed;
  • Information that we may reasonably require to contact you such as your name, address, telephone number and email address;
  • A statement by you that you have in good faith believe the use of material in dispute is not authorized by the copyright owner, its agent or the law; and
  • A statement, under the penalty of perjury, that the information provided in your notice is accurate and you are the owner of the copyright or you are an authorized agent acting on behalf of the owner of the alleged infringed.

Any notification by an owner of a copyright or an authorized agent acting on behalf of the owner of the copyright that fails to comply with all the requirements set forth above in order to comply with the DMCA shall not be considered effective.

You may contact our designated agent for notifications of alleged infringement at:

Copyright Agent c/o Corporate Counsel

Reviv3 Procare Company

9025 Wilshire Blvd., Suite 500

Beverly Hills, CA  90210

Email: info@reviv3.com

Third Party Sites and Links

To enhance you experience and convenience, we may provide certain links to third party sites which are not operated by us (Third Party Sites”). We do not have any control and assume no responsibility for the content of such Third Party Sites and do not endorse any content, product, service or any other materials of such Third Party Sites. The inclusion of such Third Party Sites does not in any way imply our endorsement of approval of any materials or any content accessible through such Third Party Sites. In no event shall we be liable, to you or any other person, directly or indirectly for any damage or loss caused or alleged to be caused by the use of the information or material accessed through these Third Party Sites.

Right to Change

We maintain the Website at our sole discretion and reserve the right, at any time, for any reason or no reason to modify, change, suspend or discontinue parts or the entire Website with or without notice. You agree that we shall not be liable to you or any other third party for any such changes, alterations, modifications or discontinuation of the Website, or discontinuance of any products or services, content, features through the Website.

Limitation of Liability

THE MATERIALS ON THIS AND ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THIS SITE ARE REPRESENTED "AS IS" AND "AS-AVAILABLE".IT IS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN THE EVENT ANY MATERIALS OR CONTENT IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE ACCURECY OF SUCH INFORMATION.

UNDER NO CIRCUMSTANCES SHALL REVIV3 PROCARE COMPANY, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS, SUCCESSORS (COLLECTIVELY, THE “REVIV3 PARTIES”) BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) OR DAMAGES OR INJURY, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR ANY OTHER KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED F THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OR PERFORMANCE OF THIS SITE AND SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE AND SERVICEMAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE ADDITIONAL OBLIGATION, OR FURTHER LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold the Reviv3 Parties harmless from any and all claims, actions or proceedings of any kind, losses, liabilities, judgements, damages or costs to include reasonable attorney’s fees and expenses, resulting from any use of this site or our services, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of anther person or entity.

Your Account

Subject to the age restrictions as stated above, when you set up an Account, you are required to provide your name, email address and select a username and password (collectively “Account Information”). You are responsible to maintain confidentiality of your account, username and password and maintaining access to your computer or any other device which you may use to access the Website. In the event there is an unauthorized access of your account, please notify us immediately. We rely on this account information and you are solely accessing your account at all times to obtain our products and services. You are entirely responsible for the use of your Account Information, it’s accuracy and information. You assume all responsibility for all activities that occur on your account including any act or omission of any other users that access the Website and our services under your Account Information which if it was undertaken would constitute a violation of these Terms of Use. We reserve the right to refuse service and/or take all actions, as it deems necessary or reasonable, including but not limited to restrict access, request additional information or terminate accounts in order to maintain security of the Account or the Website. You may cancel your Account at any time by contacting us via email at: help@reviv3.com or contacting us by phone at: 888-638-8883.

User Content

We always encourage user comments, information, suggestions and inquiries. In addition, from time to time, you may have an opportunity to post certain content such as feedback, videos, messages photographs, or other materials (“User Content”) on our Website. Subject to our Privacy Policy all User Content that has been authorized by us for posting is considered and treated as non-confidential and non-proprietary and you hereby grant us and any Reviv3 Parties a perpetual, worldwide, irrevocable, unrestricted, royalty-free license to use, copy, license, sublicense, adapt, distribute, transmit, edit, and otherwise exploit such User Content domestically and internationally in all media known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products and services. We and any Reviv3 Parties are not responsible for any users’ misuse or misappropriation of any User Content you post on the Website.

We are in no way responsible and do not have any obligation to for examining or verifying the identity of User Content nor do we assume any liability of User Content when they are connected to the Website. You hereby waive all rights or any claims against us for any alleged or actual infringement of any property rights, rights of privacy and publicity, moral rights, and or rights of attribution in connection with User Content. We reserve the right to change condense or remove any User Content for any reason or no reason, or with or without notice. We reserve the right to access, read, preserve, and disclose any User Content to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of all User Content. We may disclose this information if we believe it is reasonably necessary to protect the rights, property and/or safety of the users of the Website or the public.

We do not have any control over User Content that is created and, as such, make no representations or warranties regarding the accuracy or truthfulness of the User Content. We do not make any determinations over whether User Content is offensive in nature to you or any other users of the Website. The statements, remarks and opinions of User Content are solely the responsibility of the individuals posting the User Content and do not necessarily reflect our views or our content providers. We do not endorse content posted by you or any other user that is connected to the Website.

You may not use the Website for any purposes that is deemed unlawful or prohibited by any laws of the United States and International law or other activity which infringes our rights or the rights of others.

Applicable Law and Jurisdiction

Our operational activities in regards to the Website is conducted in the State of California, United States. Any disputes that may arise related to these Terms of Use are governed by the laws in effect in the United States and theState of California. You hereby agree that any legal actions, suits or proceedings arising out of these Terms of Use, Privacy Policy, and any other policies posted from time to time on the Website (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in county of Los Angeles, in the State of California federal courts. Reviv3 and you also waive to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend, interpret any right or remedies under these Terms of Use.

You agree that all notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. We cannot provide the benefits of this Website to any user that does not consent to receipt of notices electronically.

These Terms of Use are the entire agreement between you and us with respect to the Website and any User. No failure on our part to enforce any part of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use and the remainder of the Terms of Use shall be unaffected and shall remain fully valid, binding and enforceable.

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