Terms and Conditions
Effective Date: 12/4/2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.
RESTOR3D DOES NOT PROVIDE HEALTHCARE SERVICES TO YOU. IF YOU ARE A PATIENT, THE TERMS AND POLICIES REGARDING THE HEALTHCARE SERVICES YOU RECEIVE ARE GOVERNED BY THE TERMS BETWEEN YOU AND YOUR HEALTHCARE PROVIDER.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS FURTHER SET FORTH BELOW.
Introduction and Acceptance of Terms and Conditions
The following terms and conditions (“Terms and Conditions” or “Terms”) govern your access to and use of the website and the restor3d application, owned and operated by restor3d, Inc., a Delaware corporation (“restor3d”), and other online or mobile-enabled technology, digital tools and other services and products provided by restor3d including our patient portal (collectively, the “Services”). In these Terms, “we”, “our”, “us”, and “restor3d” collectively refer to restor3d, Inc. The terms “you” and “yours” refer to the person using the Services.
The Services are owned and controlled by restor3d and is operated with the assistance of certain third parties.
Description of restor3d Services
You must be a patient of a healthcare provider, prospective patient, medical and clinical staff, surgeon, doctor, nurse, nurse practitioner, hospital and clinical administrative staff, or other such personnel to use the Services (each, a “Patient User”).
You understand and agree that the Services are intended to provide Patient Users with access to the restor3d patient portal (“Patient Portal”). The Patient Portal provides Patient Users with information regarding certain Services such as information related to a personalized implant, the status of the implant, the implant design, and other treatment-related information from your provider.
Restor3d does not provide any healthcare services, including via the Services including but not limited to the Patient Portal. Your use of the Services does not create or imply any type of patient-physician relationship between you and restor3d. Rather, restor3d provides a technology platform for Patient Users to access the Services at the request of their providers. The resources made available through our Services are for informational purposes only, and are not a substitute for assessment, diagnosis, and/or treatment by qualified healthcare professionals, nor are they an indicator of specific results. You understand and agree that the Services are intended only as a tool and may include general information regarding a procedure or surgery, including common questions and issues, but that the information may not address any or all specific questions or issues specific to a patient’s medical condition. The decision to focus on diagnosis, treatment recommendations, or both, rests with the Patient User and the patient. The terms for any healthcare services provided by a provider are as separately agreed upon by the provider and the patient. Restor3d is neither a party to nor bound by any such terms.
You understand and agree that restor3d is not responsible for any healthcare services provided by your provider, including for any personal injury or property damage. Further, you acknowledge and agree that the Services do not “recommend”, “suggest”, or “advise” diagnoses, proper prescribing, or other treatment decisions. Providers and any other professionals treating a Patient User have the exclusive responsibility for all healthcare services, including any medical decisions or actions with respect to a patient’s medical care, and for determining the accuracy, completeness, or appropriateness of any diagnostic, medical, or other information provided by the Services. We do not assume any responsibility for how such information is captured, rendered, or used.
If you are a Patient User, certain Services may permit you to provide information to, receive information from, and otherwise interact with a provider. Providers, not restor3d, will be solely responsible for any healthcare services, including any care and treatment that is provided or failed to be provided via the Services. Use of the Services, including access to any content, does not create a provider-patient relationship between you and us. All content is for informational purposes only and is not a substitute for the professional judgment of a healthcare provider. You agree that restor3d is not responsible or liable for any loss or damage of any sort incurred as the result of any of your interactions with providers or other entities or individuals, whether online or offline.
Eligibility and Availability
In order to access the Services, the following must be true:
- You are at least 18 years of age or older.
- You live in the United States and in a state or territory where the Services are available.
- You agree to be legally bound by and comply with these Terms and Conditions.
If you do not meet all of these requirements, you must not access or use the Services. You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services. In addition to the above requirements, restor3d and its affiliates reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
restor3d is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Information About You and Your Use of the Services
Please refer to our Privacy Notice to learn about our privacy practices with respect to your personal information.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use or re-visitation of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. The Services are continually under development, and we reserve the right to revise or remove any part of the Terms, the Services, in our sole discretion at any time and without prior notice to you. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Intellectual Property Rights
The Patient Portal, the Services, and the entirety of their contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Patient Portal or the Services or any content on the Patient Portal or the Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Patient Portal or the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The restor3d names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of restor3d. No trademark or service mark license is granted in connection with the materials contained on the application. Access to the Patient Portal or the Services does not authorize anyone to use any name, logo, or mark in any manner.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the security, confidentiality, and protection of medical records, personally identifying information, protected health information, and sensitive health information as well as your use of the Services.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services to collect, or attempt to collect, personal information about other users of the Services for use in violation of any applicable law.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including his or her ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Reliance on Information Posted
The Services may include content provided by third parties, including links to other sites and resources provided by third parties, the links are provided for your convenience only. This includes links contained in advertisements. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. The availability of any third-party site or resource through the application does not imply our endorsement of or our affiliation with any provider of such third-party site or resource. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If you decide to access any third-party site or resource linked to the application, you do so at your own risk and subject to the terms and conditions of use for such site or resource.
Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER RESTOR3D NOR THE SERVICES OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. RESTOR3D, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF A PATIENT’S PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY OTHER MEDICAL PROFESSIONAL ON A PATIENT’S PERSONAL INFORMATION WITHIN THE SERVICES. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND RESTOR3D IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.
Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information on the Services, we make no guarantees as to its correctness, completeness, or accuracy. The Services may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Services is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.
Links to Other Websites and Resources
If the Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Electronic Communications
You agree to receive invitations, notifications, reminders, and other communications from restor3d (and any of its affiliates or agents) through the Services, or by e-mail, phone or other method of communication. These communications may include (but are not limited to):
- notification that an important message awaits you on the Services; and
- Services and service updates.
By providing your e-mail address or phone number, you are agreeing to be contacted by or on behalf of restor3d to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our e-mails by following the instructions for unsubscribing contained in the e-mails. Please allow us thirty (30) days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still e-mail you non-commercial (transactional) e-mails related to your account and your transactions via the Services. For text messages, reply STOP to no longer receive messages at any time.
Accounts, Security and Restrictions; Passwords
If you create an account on the Services, you agree to complete the registration process by providing current, complete, and accurate information as required by restor3d. In the event access to the Services or a portion thereof is limited, requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Services may be revoked by restor3d at any time with or without cause.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Services or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SERVICES, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF SCRIPT VIRUSES, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless restor3d, its affiliates, its licensors, and its service providers from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Services, including but not limited to claims arising out of (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; (iv) your relationship with your provider; and (v) use of your information. You agree to promptly notify restor3d and cooperate fully with restor3d in the defense of any claim. Restor3d reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.
Waiver, Release, and Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES OVER THE AMOUNT YOU PAY FOR THE SERVICES, OR $100, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES OR ANY OTHER RELATED SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
Termination
We may suspend, restrict, limit, or terminate your use of the Services for any or no reason at any time at restor3d’s sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, OR TERMINATION OF YOUR ACCESS TO THE SERVICES OR FOR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE SERVICES. Restor3d can also assign its rights under the Terms and Conditions to any other party at any time without notice to you. The provisions of the following sections will survive any suspension, restriction, limitation, or termination of access to the Services: Introduction and Acceptance of Terms and Conditions, Disclaimer of Warranties, Indemnification, Waiver, Release, and Limitation of Liability, Governing Law, and Dispute Resolution.
Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND RESTOR3D CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Agreement to Arbitrate and Jury Waiver
You and restor3d (collectively, the “Parties”) mutually agree to resolve Disputes in arbitration, as set forth in more detail below. Parties waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Services, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Terms and Conditions, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against restor3d employees related to the terms or conditions of their employment, claims by patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient’s medical care at a provider, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Class Action Waiver
To the maximum extent allowed by applicable law, Parties agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that Parties each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Pre-Arbitration Notice and Good Faith Negotiations
Parties also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by restor3d will be sent to you at your last known street and email addresses on file, and notice by you to restor3d should be sent by mail to:
restor3d, Inc.
4001 E NC 54 Highway, Suite 3160
Durham, NC 27709
ATTN: Dispute Notice
The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a restor3d employee, as applicable, depending on which party is initiating the Dispute. Parties then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
Arbitration Procedures
Subject to the limitations of this section, the arbitration will be conducted in Raleigh, North Carolina, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), available here. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above.
The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, and the arbitrator will be a licensed attorney or a retired judge. If they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to Parties, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms and Conditions. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or restor3d and only to the extent necessary to provide the relief warranted by your or restor3d’s individual claim.
Either Party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
Arbitration Fees
The Party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Eastern District of North Carolina. For individual damages claims with less than $25,000 at issue, restor3d will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The Parties’ good faith negotiation of reasonable fees with the arbitration company is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the Party bringing the frivolous claim(s) will reimburse the other party for any amounts that other Party paid for the arbitration.
Federal Arbitration Act
These Terms and Conditions affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms and Conditions.
Governing Law and Jurisdiction
You and restor3d agree that all matters relating to the Services and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina regardless of where you access the Services, and notwithstanding any conflicts of law principles, except the Dispute Resolution provision of these Terms and Conditions.
Limitation of Time to File Claims
Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
Notices
You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by e-mail to the address you provide to us.
Entire Agreement
These Terms and Conditions and our Privacy Notice constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any other terms, the terms of these Terms and Conditions shall govern. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect. The headings of sections and paragraphs in these Terms and Conditions are for convenience only and shall not affect its interpretation.
Your Comments and Concerns
The Services is operated by restor3d. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to r3id@restor3d.com.
Thank you for using our Services.