Terms of Use

_{Last Updated: August 8, 2024}

Please carefully read these Terms of Use in their entirety before using the Website. If you do not agree to the Terms, then please do not use the Website.

Terms and Acceptance of Terms

Welcome to Relivable! Thank you for visiting our website located at relivable.com.  The following information constitutes the Terms of Use for the Website and other Relivable websites, mobile applications, social media pages and other online services that are linked to this site or affiliated with this site, including, without limitation, their content and materials, and all of the text, graphical, audio, video, software, information, data, trademarks, logos, product and program names and other content and services available, displayed, or accessible on or through them (collectively the “Website”), and any products, services and promotions that are made available to you through the Website (“Services”) are provided to you subject to the Terms.  In the Terms, Relivable, Inc. is referred to as “Relivable,” “Company, “we, “us” or “our,” and the term “you” refers to you.

The Terms represent a binding agreement between you and Company and affect your legal rights. By accessing and using the Website and by checking the box marked “I Agree” prior to entering the Website, you confirm that you have carefully read and agree to be bound by the Terms (as they may be updated by Company from time to time), that you agree to comply with all applicable laws, rules and regulations and that you have the legal authority to accept the Terms on behalf of yourself or any party you represent.  Your continued use of the Website constitutes a continued agreement to be bound to the Terms and by the terms of our Privacy Policy located at https://www.relivable.com/privacy-policy, (“Privacy Policy”), which governs the collection, use, and disclosure of personal information gathered on or through the Website and your consent to that policy, including the use of cookies.

Some programs and promotions offered by Relivable are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a program or promotion, you agree to be bound by the terms and conditions of such program or promotion, in addition to the Terms, and all terms incorporated by reference. Relivable may discontinue, or change from time to time, any program or promotion, including any applicable, without prior notice. Some program and promotion options are only available if you utilize corresponding program features.

The Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

The Website is hosted on AWS (“Host”). Host provides us with the online e-commerce platform that allows us to provide the Services to you. The terms of service use contained at aws.amazon.com, as they may be amended, apply to your use of the Website.

Updates to Terms and Information on Website

Relivable may update the Terms at any time without notice to you, and the updated Terms will be posted on this page or a similar page of the Website.  You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of the Terms.  It is your responsibility to review the Terms each time you use the Website.  By continuing to use the Website, you consent to any updated Terms.

Relivable has made and continues to make reasonable efforts to represent accurate and up-to-date information on the Website.  However, it is possible that information provided and certain features may not be accurate or up-to-date.  Company reserves the right to correct any errors or omissions on the Website and to change or update information on the Website at any time and without any notice.

Eligibility to Use the Website

The Website is not targeted toward or intended for use by anyone under the age of 18. By using the Website, you represent and warrant that you (a) are 18 years of age or older and (b) are a legal resident of the United States and are located in the United States when you access the Website.

To use the Website you must be 18 years of age or older. If you are under the age of 18, you should only use the Website with the involvement of a parent or legal guardian.

The Website is operated and controlled in the United States, and Company does not represent or warrant that the Website or any materials are appropriate or available for use in any location outside of the United States, and anyone who accesses the Website from outside of the United States does so at their own risk and is solely responsible for complying with all applicable laws and regulations. You acknowledge that Relivable, in its sole discretion, may terminate access to the Website at any time and will have no liability to you if your ability to access the Website is terminated or if the Website is discontinued.

Registration, Account; Your Information; Investigation

Your privacy and the protection of your data on the internet are extremely important to us.  Company has taken reasonable steps to protect your information transmitted over the Website from improper use, including installation of antivirus software and the transmission of data over HTTPS secured websites, and the use of Transport Layer Security (TLS) technology; however, you acknowledge and agree that despite Company’s best efforts, transmitting data on the internet has inherent risk.  By using the Website, you accept the risk inherent in transmitting personal data over the internet.

1. Registration; Account. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer, you will be required to be or become a registered user. To establish a Website account, you will be asked to provide registration details, and you agree to (1) provide accurate, current and complete account information, (2) maintain and promptly update, as necessary, your account information, (3) maintain the security of your account credentials, (4) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (5) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. If Relivable believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account or cancel any order you may have placed. You understand that any information you provide as part of the registration process will be treated by Relivable in the manner described in its Privacy Policy at https://www.relivable.com/privacy-policy.
2. Your Information. During the registration process, you will be asked to select a username and password. Relivable, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that belongs to or is being used by another person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. It is your responsibility to maintain the accuracy and confidentiality of all your personal information requested by the Website during the registration process. You are responsible for all activity (including, without limitation, purchases) that occurs under your registered account, and you agree to immediately notify company about any unauthorized use of your account or if any of your personal information has been compromised. Relivable will have no liability for any loss or damage arising as a result of an unauthorized party using your personal information to access your registered account, and Relivable is not responsible for any delay in shutting down your account after you have reported to Relivable any breach of your account.
3. Investigation. You further understand and agree that Relivable may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Website account. You will defend and hold harmless all Relivable Parties from any claims resulting from any action taken by any Relivable Parties or law enforcement authorities during or as a result of its investigations.

Disclaimer of Warranties

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE, OR ABOUT THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. THE CONTENT AND INFORMATION ON THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM OR USAGE OF TRADE.  YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE INFORMATION CONTAINED HEREIN.  COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY INFORMATION OR ANY OTHER SOFTWARE ACCESSED FROM THE WEBSITE WILL BE UNINTERRUPTED, THAT THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT THEY WILL PROPERLY OPERATE ON ANY SPECIFIC BROWSER OR COMPUTER, OR THAT THE WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE, THEIR SERVERS, OR ANY EMAIL SENT FROM COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

RELIVABLE PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS, CLAIMS FOR RELIEF, DEMANDS, OBLIGATIONS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, CHARGES, EXPENSES, OR COSTS OF ANY KIND OR DESCRIPTION WHATSOEVER, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, EQUITY, STATUTORY, WARRANTY, STRICT LIABILITY,  OR OTHERWISE, OR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF ANY SERVICES OFFERED THROUGH THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY OR  RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH, LOST PROFITS, TAX CONSEQUENCE, OR ANY DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS ON NOTICE OF THE POTENTIAL FOR SUCH DAMAGES PRIOR TO THE OCCURRENCE OF DAMAGE. RELIVABLE PARTIES WILL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE RELIVABLE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED $100.00. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF THE WEBSITE, THE PURCHASE OR USE OF SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. “RELIVABLE PARTIES” MEANS RELIVABLE AND ITS AFFILIATES, LICENSORS, VENDORS, RETAIL PARTNERS, AGENTS, REPRESENTATIVES, AND ANY OTHER PARTY INVOLVED IN THE CREATION, OPERATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, AND THE SERVICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, REPRESENTATIVES, AND AGENTS, SUCCESSORS, AND ASSIGNS.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE YOUR RIGHT TO JOIN AND, IF APPLICABLE, YOU AGREE TO OPT OUT OF ANY CLASS ACTION OR COLLECTIVE ACTION AGAINST RELIVABLE PARTIES RELATED TO THE TERMS, THE WEBSITE OR THE SERVICES.  YOU AGREE TO PURSUE ANY CLAIM THAT YOU THINK YOU HAVE AGAINST RELIVABLE PARTIES RELATED TO THE TERMS OR THE WEBSITE INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS OR COLLECTIVE ACTION.

Indemnity and Unauthorized Access

In addition to any other indemnities you may provide under the Terms, you agree to defend, indemnify, and hold harmless the Relivable Parties, from, and waive and release the Relivable Parties from all claims, suits, proceedings, losses, damages, liabilities, and expenses (including without limitation, attorneys’ fees) arising out of or based on (a) your use (or use by any third party using your account) of or access to the Website or of any material contained on the Website, (b) your violation or breach of any of the Terms, (c) the submission or use of any content including User Content that you submitted, posted or otherwise provided to Relivable or the Website,  (d) your violation of any intellectual property rights or other rights of any Relivable Parties or any third party or (e)  your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.Unauthorized access to the Website and unauthorized use of any content, Material or information on the Website is strictly prohibited.

Ownership and Intellectual Property

Except as otherwise expressly noted, Relivable or its licensors (as applicable) own all right, title and interest in and to all of the Website and other intellectual property, including all copyright, trademarks, service marks, patents, logos, slogans, trade dress, product designations and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing (collectively, the “Intellectual Property”). Relivable does not represent or warrant that such materials do not infringe the rights of any other person or entity. Intellectual Property displayed on the Website may not be used without Relivable’s written authorization or license of the owner of such Intellectual Property. You acknowledge that content available on the Website, including without limitation, the content of third parties and the Intellectual Property, is protected by copyright, trademark, patent, or other intellectual property rights and laws. Access to the Website does not confer on you any license under Relivable’s or any third party intellectual property rights other than as expressly granted in this Section. Without the express written consent of Relivable in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, decompile, disassemble, reverse engineer or create derivative work of or use any Intellectual Property, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by the Terms. Any other access to the Website or the use of content and Intellectual Property is prohibited.

Copyright

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe in good faith that content or material on the Website infringes a copyright or other intellectual property owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked.  This request should be sent to Company’s designated agent at: Relivable, Inc., Attn: Copyright Agent, Bob Matteson, 1110 Pine St., Winnetka, Il 60093, Bob@relivable.com0.  This notice must 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) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or the subject of the infringing activity reasonably sufficient to allow Company locate the material, (d) the name, address, telephone number, and email address 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 of is not authorized by the copyright owner, its agent or the law, and (f) a statement that the information in the notification 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.You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

User Conduct

You agree that while you are accessing or using the Website you will (a) comply with the Terms and all applicable laws, rules and regulations, (b) not damage or infringe upon the rights of any person or entity, (c) not act in any way that is defamatory, libelous, harassing, obscene or otherwise objectionable, (d) not engage in the commercial resale of any materials on the Website  without the prior written consent of Relivable or (e) not affect or interrupt or attempt to affect or interrupt operation of the Website. You agree that you are solely responsible for your conduct, while accessing or using the Website.  In addition, you will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Disrupt or interfere with the security of, or otherwise abuse, the Website, any material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites;
• Use or attempt to use another User’s account without authorization from such User and Website;
• Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
• Modify, disassemble, or reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
• Develop any third party applications that interact with the Website without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data, “data mine” or otherwise interfere with or modify the rendering of the Website’s pages or functionality;
• Intentionally hold Relivable and/or its employees and/or directors up to public scorn, ridicule and/or defamation;
• Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates the Terms;
• Create hyperlinks from other websites to the Website, unless expressly permitted in writing by Relivable;
• Post any content, including without limitation, User Content (as defined below) that (i) is offensive, unlawful, harmful, abusive, defamatory, pornographic, threatening, or obscene; (ii) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, libelous, deceptive, or misleading; (iii) involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized in writing by Relivable or (iv) you do not have a right to make available under any law or under a confidential or fiduciary obligation or agreement; or
• Use any device or computer program that interferes with or attempts to interfere with the operation of the Website, including any activity that precedes attempts to breach security.

User Content and Feedback

Relivable’s collection and use of personally identifiable information, which may be included in content Users of the Website provide through the use of the Website, social media channels, by Users posting such information on social media, or otherwise, is subject to the Privacy Policy. Users of the Website and social media channels may post, upload, or otherwise contribute feedback, comments and reviews of the Services and certain other materials related to Relivable or its Services on the Website or on social media channels (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). Any User Content you post on the Website or social media channels that relates to Relivable or its Services will be deemed NOT TO BE CONFIDENTIAL and is subject to the Terms in addition to the terms of use and privacy policies of such social media channels, and you specifically acknowledge and agree that Relivable can post any User Content that you post on social media channels on the Website, paraphrase the User Content and attribute it to you. You grant Relivable an unrestricted, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, paraphrase, create derivative works from, and distribute any of your User Content, along with your name or any part thereof, your city of residence, through any medium, whether alone or in combination with other materials, in any manner and by any means, method or technology, for any purpose whatsoever without any compensation or attribution to you or any other person, including without limitation on the Website. You hereby waive any right to inspect or approve any such use by Relivable, and you waive, release, and hold harmless the Relivable Parties from and against any and all claims and liabilities arising from Relivable’s use of your User Content on the Website.You represent and warrant that, with respect to any User Content you post on the Website or social media channels that relates to Relivable or its Services, (a) you own or otherwise control all of the rights to the User Content, (b) such User Content is true, accurate and not misleading, (c) such User Content or the displaying, publishing or posting publicly and using the User Content by Relivable as contemplated by the Terms by posting it on the Website and as otherwise set forth in the Terms, does not violate the Terms or applicable law, and does not infringe or violate the intellectual property rights, privacy rights or other rights of any third party or imply any affiliation with or endorsement of you or your User Content by Relivable (d) Relivable will not need to obtain licenses from any third party or pay royalties to any third party for its use of User Content, and (e) such User Content complies with the Terms and all applicable laws, rules and regulations.Relivable reserves the right, in its sole discretion to, but has no obligation to, monitor, review, paraphrase or edit User Content that it posts on the Website. In all cases, Relivable reserves the right to remove, edit or disable access to any User Content that we post on the Website for any or no reason. Relivable may take these actions without prior notification to you or any third party. Removal, editing or disabling of access to User Content on the Website shall be at our sole discretion, and we do not promise to remove, edit or disable access to any specific User Content. Relivable shall have no liability to you or any other user arising from such actions or inactions.You are solely responsible for all User Content that you post on social media channel and on the Website and that we post on the Website. Under no circumstances will the Relivable Parties be liable in any way for any User Content and Relivable does not endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST RELIVABLE RELATED TO USER CONTENT THAT YOU POST ON THE WEBSITE OR ON SOCIAL MEDIA CHANNELS THAT RELIVABLE POSTS ON THE WEBSITE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE RELIVABLE PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.You grant Relivable and its affiliates, licensees, assignees, and designees an irrevocable, unrestricted, assignable, transferable, sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to use, disclose, copy, transmit, distribute, reformat, reproduce, modify, incorporate, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and otherwise use your User Content, along with your name or any part thereof, your city/town/village of residency, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes (including, without limitation, in marketing, advertising, and promotions) without compensation or attribution to you or anyone else. You hereby waive any right to inspect or approve any such use by Relivable.You waive, release, and hold harmless the Relivable Parties from and against any and all claims and liabilities arising from Relivable’s use of your User Content on the Website.If you provide reviews, feedback, ideas or suggestions to Relivable in connection with the use of our Services (collectively, “Product Reviews and Feedback”), any such Product Review or Feedback is considered User Content, and you acknowledge that any such Product Review or Feedback is not confidential and you authorize Relivable to use the Product Review and Feedback without restriction and without payment to you. If you provide Product Reviews and Feedback, you agree to state your opinions lawfully, honestly and in good faith and to reveal in your Product Reviews and Feedback any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews and Feedback are strictly the opinion of the user posting such reviews, and Relivable does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.

Risks related to the Internet; Liability for Computer System

You acknowledge and agree that hardware, software, and internet connections can fail, and agree that Company is not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet. You acknowledge and agree that any activity on the Website is subject to monitoring by Company at any time and that Company may use the information obtained from such monitoring in any way, without any limitation, subject to applicable laws.You acknowledge and agree that despite Company’s best efforts to protect your data, third parties may illegally access the Website and compromise such data contained hereon and use such data for illegal purposes.  You agree that any potential liability to Company arising from any data breach of any data maintained by Company and/or the Website is limited by the Limitation on Liability provisions set forth in the Terms.  You specifically agree to disclaim Company from any liability whatsoever arising from any breach of data related to the Website.Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to Relivable by email, unless adequate security measures are in place in order to ensure the security of the transmission. Relivable, its agents and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to Relivable. You assume all risks related to such communications.Relivable and its agents and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.

Third Party Websites and Content; Links

The Website may contain links to other websites that are not owned, operated, or maintained by Relivable, including links to social media platforms (“Third Party Websites”).  These links to Third Party Websites are provided solely for your convenience and all correspondence and business dealings between you and such third parties on the Third Party Websites are solely between such you and such third parties.  Relivable does not endorse, and is not responsible or liable for, the content on the Third Party Websites, your use of the Third Party Websites or any loss or damage you may incur as a result of such use or dealings. Relivable makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of or accuracy or completeness, such Third Party Websites. You access Third Party Websites at your own risk and by accessing Third Party Websites you leave the Website. As a result, you acknowledge and agree that Relivable has no liability or responsibility, directly or indirectly, for any damages or loss you may incur in connection with your use of such Third Party Websites or in connection with any of the information you receive from or submit to such Third Party Websites or in connection with any content, products or services available from such Third Party Websites.  References on the Website to any Third Party Websites are not an endorsement or recommendation of any third party or any products or services. Use of the Third Party Websites may also be subject to you agreeing to separate binding agreements, including terms of service and privacy statements, which can be found on the Third Party Website if applicable.  You should read the terms of service, privacy policies, and any other user agreements of the Third Party Website before using the Third Party Website.You acknowledge and agree that your interactions with third parties providing Third Party Websites are solely between you and such third parties. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website are solely between you and such third party. You agree that Relivable will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.

Termination or Suspension

You acknowledge and agree that Relivable, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Relivable will not have any liability whatsoever to you or any third party for any termination or suspension of your access to the Website or if the Website is discontinued.

Governing Law

By accessing the Website, you agree that the laws of the State of Illinois, USA without regard to conflict of laws principles will apply to all matters related to the use of the Website and the Services.

Customer Service

Please contact our customer service team, who are ready to help you and answer your questions by email at info@relivable.com. In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Services accessed through the Website will be entirely resolved through binding individual arbitration, rather than in court.

Dispute Resolution; Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH RELIVABLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring disputes or claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this arbitration agreement constitutes a waiver of your right to litigate disputes and claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including attorney’s fees).

1. Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Relivable, you agree to try to resolve the dispute informally by contacting us at Relivable, Inc at info@relivable.com or 1110 Pine St, Winnetka, IL 60093. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or Relivable agree to resolve any claims related to the Terms, the Website and Services, if applicable, through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
2. Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting Relivable within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.,: the date you initially accepted the Terms). You must write us at Relivable Inc., Attn: Opt-Out Arbitration, 1110 Pine Street, Winnetka, IL 60093. If you opt out, neither you nor Relivable can require the other to participate in an arbitration proceeding.
3. Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
4. Exceptions to Agreement to Arbitrate. Either you and/or Relivable may assert claims, if they qualify, in small claims court in Cook County, Illinois. Relivable may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of Relivable’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
5. Class Action Waiver. You and Relivable agree that any dispute arising out of or related to the Terms, the Website or the Services is personal to you and Relivable and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Relivable agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals (“Class Action Waiver”). You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Relivable and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.
6. Authority of Arbitrator. As limited by the Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms.
7. Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with subsection (b) above, you and Relivable agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Relivable consent to the foregoing venue and jurisdiction.

Compliance with Law

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the products or any copy or adaptation in violation of any applicable laws or regulations including without limitation, United States, Canadian or European export laws and regulations.

No Amendments or Supplements to The Terms

No employee of Company is authorized to make any statement that adds to or amends any of the warranties or limitations contained in the Terms.  You acknowledge and agree that oral statements made about the Website or about information contained in the Website do not constitute warranties, will not be relied on by you, and will not be binding or enforceable.  No supplement or amendment of the Terms will be binding unless set forth in writing by an authorized officer of Company or posted on the Website.

Nondiscrimination; Accessibility Notice

Relivable complies with all federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex.  While Relivable may not be a “place of public accommodation” under the Americans with Disabilities Act of 1990, accessibility of the Website to people with disabilities is extremely important to Relivable.  Relivable believes that the Website is accessible to people with disabilities, and is compatible with standard screen readers used by people who are blind and visually-impaired.  If you believe that the Website is inaccessible to you for any reason, please call (847-831-4500) and a Relivable representative will assist you.If you believe that you are suffering discrimination based on your disability in using the Website, before initiating any legal action against Relivable arising from such discrimination, you agree to first provide written notice of the perceived discrimination to Relivable at the contact address set forth in Section 22 below, to allow 60 days for Relivable to acknowledge receipt of the complaint, and to allow an additional 120 days for Relivable to cure the issue.

Additional Terms and Information

Part One of the Terms of Use and the Terms of Sale in Part Two of the Terms of Use constitutes the entire agreement between you and Relivable regarding your use of the Website and the Services from Relivable and supersedes any prior agreements between you and Relivable regarding your use of the Website and the Services. If any provision in the Terms is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision of the Terms in any jurisdiction. The Terms apply while you are accessing the Website and remain in effect thereafter. In the event that the Website is no longer accessible to you or is terminated, the provisions set out above in Ownership and Intellectual Property, User Content and Feedback, Limitation of Liability, Disclaimer of Warranties, Indemnity and Unauthorized Access, Governing Law and Dispute Resolution; Arbitration Agreement and the provisions contained in Part Two below and the Privacy Policy will survive any termination of the Terms and will continue to remain in effect and apply to you.

Contact Us

To contact us regarding these Terms or the operation of the Website itself, or for any reason required by these Terms, please write to us at the following: Relivable Inc., 1110 Pine Street, Winnetka, IL 60093 or email us at info@relivable.com.