Terms of Use
Last Updated: 23 February 2021
By using the Rev Pharma Corp website www.curefini.com you agree to follow and be bound by (1) these terms of use (the “Terms of Use”), (2) the Site´s [Privacy Policy], and (3) all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “user”, “you”, and “your” refer to each customer or Site visitor and the terms “we”, “us”, “our”, “Rev Pharma”, and “Curefini” refer to Rev Pharma Corp. The terms “curefini.com”, and “the Site” refer to www.curefini.com.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. By creating an account or otherwise accessing the Site, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms of Use. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center through the methods provided in the “Contact Us” section at the end of the Terms of Use.
Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control.
Our Site is not intended for children. If you are under the age of 13, you are not allowed to use the Site or submit any personal information to us. If you are 13 or older but younger than 18, you are only allowed to use the Site with the approval and involvement of a parent or legal guardian. If you do not meet these age requirements, you are not allowed to use the Site. By accessing and using the Site, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Specific Content Disclaimer. The information on the Site is provided for general information purposes only. This information cannot, and is not intended to, substitute for the advice of a physician or other health care provider, as applicable. Similarly, the information on the Site should not be considered medical advice and is not intended as medical advice. You should not use the information provided on the Site to diagnose or treat any medical condition or to make any other medical decision. You should always obtain complete medical information about any drugs or medical products by discussing the appropriate use of any such drugs or products directly with your healthcare provider. If you are experiencing a medical emergency, you should not rely on any information on the Site and should seek appropriate emergency medical assistance, such as calling “911”.
2. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Site makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Further, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. Site Transactions. In order to purchase Curefini products, you must provide current, accurate and complete information such as your name, email address, country, and address. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, as applicable, so that we can complete your transactions and contact you as needed. Rev Pharma will relay this information to local distributors who will fulfill the order.
Rev Pharma reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email provided at the time the order was made.
Additionally, purchase of our products for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice. Any offer for any product or service made on this Site is void where prohibited.
4. Shipping Methods and Rates. Curefini products ship to the contiguous United States (i.e., Hawaii and Alaska are excluded) via USPS 2-day delivery. Ground shipping for the following rates: Orders of $1.00-200.00 for a $7.50 flat shipping rate; Orders over $201.00 will ship complimentary.
Curefini processes orders Monday – Friday in the order in which they are received. Please allow approximately 3-5 business days for the processing and shipping of all orders. USPS delivers Monday-Friday. If you have questions about shipping or tracking your order, Customer Service Specialists are available to assist you at customerservice@curefini.com.
5. Returns and Exchanges. We do not offer returns or exchanges at this time. However, if a product has been damaged during shipping, you may begin a return for your damaged item(s) by contacting customerservice@curefini.com for further instruction and to receive a return authorization number that you should mark on the outside of your package.
Please note that we might require photos of damaged items for insurance purposes, to confirm the damage, and/or to improve our service in the future.
Complimentary shipping will be provided for all returns made on damaged items within 30 days of original purchase date. Please send your package to the following return address:
Rev Pharma
153 SW 22nd Road
Miami, FL 33129
When you return a damaged item within 30 days of purchase date, you will receive a full refund to your credit card for the price of the item(s), provided that we reserve the right to inspection the product to confirm the damage. You agree that Rev Pharma shall have full discretion in such determinations. Assuming the return is accepted, a credit will be issued to the credit card that was used in the original purchase. We ask that you allow up to 30 days for the credit process.
Items received more than 30 days after purchase date, even if damaged, may not be returned.
Only items purchased on curefini.com can be returned to curefini.com. Items purchased in a skincare or healthcare professional´s office or elsewhere must be returned to their original point of purchase and the availability of returns or exchanges shall be based on the policy of the skincare or healthcare professional and will not be governed by the policy.
For any problems or questions about your order, please feel free to contact us directly by email at CustomerService@curefini.com or through the contact methods provided at the end of the Terms of Use.
6. Intellectual Property. All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Rev Pharma, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights, trademarks, and other intellectual property laws. Except as set forth in the limited licenses in Section 7 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, uploaded, posted, transmitted, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
7. Limited Licenses. We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial, illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in these Terms of Use without prejudice to any other remedy provided by applicable law or these Terms of Use.
8. User Information and Account. Any personally identifiable information transmitted through the Site shall be subject to the Site´s [Privacy Policy].
You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You will notify us of any known or suspected unauthorized use of your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else´s behalf, you represent that you have the authority to bind that person as the principal to all Terms of Use provided herein, and to the extent you do not have such authority you agree to be bound to these Terms of Use and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Rev Pharma´s best interests to do so.
9. Mobile Access to Site. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Site. Rev Pharma does not make any representations or warranties regarding such compatibility. You understand that you are solely and exclusively responsible for any charges incurred by accessing the Site on your mobile device, including but not limited to any data or roaming charges.
You may be given the option to register to receive messages from the Site via your mobile device. You may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided in the messages, or on the website where you registered to receive such messages.
10. User-Generated Content. Some features on the Site, either now or in the future, may allow you to post or submit communications and content on or through the Site (“User-Generated Content”). You automatically grant, or warrant that you and/or the owner of such content has expressly granted Rev Pharma a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display User-Generated Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You are responsible for your User-Generated Content, and acknowledge that once published, we cannot always remove it.
All User-Generated Content shall be deemed non-confidential and Rev Pharma shall not have any obligation to keep any such material confidential. Rev Pharma shall be free to use any ideas, concepts, know-how or techniques contained in such information without notice, compensation or acknowledgment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.
You acknowledge and agree that Rev Pharma is not responsible or liable to you or to any third party for the content or accuracy of any User-Generated Content. We do not continuously monitor User-Generated Content posted on the Site and we are under no obligation to do so. You understand that any remarks, opinions, comments, suggestions and other information included in User-Generated Content do not necessarily represent those of Rev Pharma. Your use of or reliance on any User-Generated Content is done entirely at your own risk.
11. User Conduct.By using the Site, you agree to not use the Site in any manner that:
- Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
- Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
- Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Causes Rev Pharma to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link;
- Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Rev Pharma in our sole discretion;
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
- Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Site, or the Privacy Policy; or
- Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
Rev Pharma shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Site for any reason, including to determine compliance with these Terms of Use.
12. Notification Regarding Communications From Rev Pharma. By registering with the Site and/or making a purchase from the Site, you understand that we may send you communications or data from the Site, including but not limited to (i) notices about products or merchandise requested by you, including any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, and/or services purchased or selected by you or in which you are involved via use of the Site. By using and registering on the Site, you agree to receive such email messages from us.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our site or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by Rev Pharma or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
13. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REV PHARMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REV PHARMA OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
REV PHARMA MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. REV PHARMA DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. REV PHARMA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
REV PHARMA MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED UNDER LAW, REV PHARMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITE (INCLUDING ANY TRANSACTIONS ON THE SITE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SITE. IF THERE IS LIABILITY FOUND ON THE PART OF REV PHARMA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY AWARD OF ATTORNEYS’ FEES OR LITIGATION EXPENSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN ADDITION, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF REV PHARMA, ITS PARTNERS, ADVERTISERS, OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, REV PHARMA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
15. Indemnification. YOU AGREE TO DEFEND (AT REV PHARMA’S OPTION), INDEMNIFY, AND HOLD REV PHARMA HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATING IN ANY WAY TO YOUR MISUSE OF THE SITE OR ANY BREACH BY YOU OF THESE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND, IN ANY CASE, YOU AGREE TO COOPERATE WITH US IF AND AS REQUESTED BY US IN THE DEFENSE AND SETTLEMENT OF SUCH MATTER.
16. Compliance with Export Restrictions. You may not access, download, use or export the Site, Content, applications, or other materials available on Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Content is subject to the United States Export Administration Laws and Regulations and agree that none of the Content or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
17. Dispute Resolution and Agreement to Arbitrate. By using the Site, you and Rev Pharma agree that, if there is any controversy, claim, action, or dispute arising out of or relating in any way to your use of the Site (including, without limitation, any transaction on the Site or products purchased on the Site) or these Terms of Use, which includes any question regarding your use of the Site or the existence, validity, interpretation, breach, or enforcement of these Terms of Use or any part of them, except for disputes that qualify for small claims court or those related to Rev Pharma’s or your intellectual property (“Dispute”), both parties shall first attempt in good faith to settle such Dispute promptly by negotiation in accordance with the following procedure:
Any party may provide written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us, at Rev Pharma, 153 SW 22nd Road, Miami, FL 33129, or
- You, at the address we have on file for you.
Both you and Rev Pharma agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim in any other dispute resolution proceedings against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate . Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.
18. Governing Law; Venue. These Terms of Use have been made in and shall be construed in accordance with the laws of the United States (including the Federal Arbitration Act (9 U.S.C. §§ 1-16) and Florida, without giving effect to any conflict of law principles.
With the exception of a claim or dispute appropriately lodged in any small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Florida and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
19. Links to External Sites. The Site may contain links to other websites and resources provided by third parties. We are not responsible for the availability and contents of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Your access or use of these external websites is done entirely at your own risk.
20. Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us as directed in the “Contact Us” section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Miscellaneous.
- No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Rev Pharma does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Rev Pharma has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Rev Pharma’s rights, and all such rights or remedies shall still be available to Rev Pharma.
- Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, in whole or in part, under any applicable law, such provision is to be read down, limited or severed for the purposes of that law, if possible, to the minimum extent necessary so as to be valid or enforceable. If such provision continues to be held invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
- Entire Agreement. These Terms of Use and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Site and supersedes all prior agreements or communications.
- Assignment. You may not assign, transfer, or sub-license any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sub-license any or all of our rights or obligations under these Terms of Use without restriction.
- No Relationship. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Rev Pharma.
- Headings. The headings in these Terms of Use are for convenience only and are not intended to affect or influence the interpretation of the Terms of Use.
- Survival. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to have been superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
22. Modification and Acknowledgement. BY ACCESSING THE SITE OR USING THE SITE OR ITS APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
We reserve the right to modify these Terms of Use at any time. When we do so, we will update the “Last Updated Date” above. By continuing to use the Site, or any portion thereof, after we post any such changes, you accept these Terms of Use, as modified.
We shall have the right to immediately terminate any rights or benefits granted under these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. More generally, we may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time and at our sole discretion.
23. Contact Us. If you have any questions, comments, or concerns about these Terms of Use, please contact us at:
Rev Pharma
153 SW 22nd Road
Miami, FL 33129