Terms & Conditions
(a) This web site (the “Site”), web-based portal (the “Portal”) are owned by and under the control of Restorative Injectables. Use and access of the Site and/or Portal and their related internet-based services, features, content and functionality, including the appointment booking service (the “Booking Service” and, together with the Site and Portal, the “Service” or “Services”) is subject to the following terms and conditions of use (the “Terms and Conditions” or “Agreement”) and all applicable laws and regulations. There are significant limitations on Restorative Injectables’s responsibilities and liabilities with regard to the Service, and important requirements regarding your access to the Service. For these reasons, Users are strongly urged and required to read the Terms and Conditions. By accessing, viewing or otherwise using the Service you, on behalf of yourself and all of your authorized representatives (collectively, the “User,” “you” or “your”) agree to the Terms and Conditions. User and Restorative Injectables are individually hereinafter referred to as a “Party” and collectively as the “Parties”. YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU HEREBY ACCEPT THE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE AND EXIT NOW.
(b) From time to time, Restorative Injectables may without advance notice: (i) supplement or make changes to the Terms and Conditions and other rules or access and use procedures, documentation, security procedures and standards for equipment; (ii) change the type and location of Restorative Injectables’s system equipment, facilities or software; or (iii) modify or withdraw any particular service or product referred to in the Service or any Restorative Injectables database, material, service or system. Restorative Injectables shall update the Agreement with said changes with the “Last Updated” date displayed at the top of the revised policy. User acknowledges its responsibility to review the Terms and Conditions from time to time and to be aware of any such changes.
(c) Restorative Injectables employs reasonable measures to be as accurate as possible when describing professional services provided by licensed professionals that contract with Restorative Injectables and/or third party products on the Site; however, to the extent permitted by applicable law, Restorative Injectables does not warrant that product descriptions or other content available on the Site are accurate, complete, reliable, current or error-free.
(a) Restorative Injectables’s Service is designed to enable you to request and book certain professional services to be provided by a licensed medical or aesthetic professional, as appropriate. Restorative Injectables DOES NOT PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE. ONLY LICENSED HEALTH CARE PROVIDERS MAY PROVIDE MEDICAL SERVICES OR ADVICE. Use of the Service does not create a doctor-patient relationship. Users are solely responsible for their decision to obtain treatment from a medical professional. We encourage you to consult with your own health care provider before using Restorative Injectables’s Booking Service to book any services with licensed medical or aesthetic professionals. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU MUST DIAL 911 OR CONTACT A MEDICAL PROVIDER DIRECTLY.
(b) Subject to the Terms and Conditions, Restorative Injectables shall provide the Service to User, and User may access and use the Service solely for its intended purposes, provided, however, that Restorative Injectables shall have no obligation to support User’s use of the Service in the event that: (i) User modifies the Service (or any component thereof) without Restorative Injectables’s prior written consent; (ii) any error is caused in whole or in part by persons other than Restorative Injectables, including without limitation, User’s failure to properly enter or transmit data; or (iii) any error is caused in whole or in part by User’s use of the Service in association with operating environments and platforms other than those specified, and supported, by Restorative Injectables.
(c) To the extent that the Service incorporates any third party software licensed by Restorative Injectables, then, in addition to the terms set forth herein, User must comply with any additional terms, restrictions or limitations applicable to such third party software, to the extent that Restorative Injectables has notified User of such terms, restrictions or limitations. Additionally, User acknowledges that Restorative Injectables shall have the right to subcontract performance of its hosting services, in which event the service levels provided by any third party hosting provider (including, without limitation, any service levels that are stricter than the service levels offered by User) will be incorporated herein by reference.
1. Relationship Between The Parties.
This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between the Parties; nor will either Party hold itself out as an agent, partner or joint venture party of the other Party.
2. Compliance With Law
Each Party shall comply with all applicable laws and regulations of governmental bodies or agencies in its performance under this Agreement.
Restorative Injectables may direct all notices intended for a User to the User’s email address provided upon registration of the Service (which a User may update from time to time in the User settings available within the Service). All notices required to be delivered to Restorative Injectables shall be delivered to Ever/Body via e-mail at info@RestorativeInjectables.com.
No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by both Parties.
If any provision of this Agreement is held to be invalid, void or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
User may not assign or delegate any of its rights, interest or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Restorative Injectables. Restorative Injectables may assign and delegate this Agreement to successors in the event of a merger, acquisition or other change in control. This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.
7. Governing Law; Arbitration.
This Agreement and all claims related to it, its execution or the performance of the Parties under it, shall be construed and governed in all respects according to the internal laws of the State of New York without regard to the conflict of law provisions thereof. User hereby waives any right to bring any claim against Restorative Injectables in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. User waives any right it may have to start or participate in, and agrees to opt out of, any class action against Restorative Injectables arising from or relating to the Service or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY and the language of such arbitration shall be English. Restorative Injectables may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect Restorative Injectables’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the Parties, and judgment may be entered thereon in any court of competent jurisdiction.
8. Force Majeure.
Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Restorative Injectables’s control. Certain obligations may require the cooperation of third parties outside the control of a Party. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of a Party’s obligations, such failures shall be considered as causes beyond the control of the Party for the purposes of this Section and shall not be the basis for a determination that such Party is in breach of any of its obligations under this Agreement or is otherwise liable.
9. Entire Agreement.
If you have questions or concerns with respect to the Terms and Conditions, please contact Restorative Injectables using one of the following options:
Telephone Number: (303) 350-9065
Mailing Address: Restorative Injectables, Denver, New York, NY 10034