Terms Of Service

These terms and conditions outline the rules and regulations for the use of RestroPress Website.

These Terms of Use constitute a binding agreement between RestroPress and you regarding your use of the website and its services. By using the Site, you (the End User) agree to these Terms of Use as provided by RestroPress. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you should not use the website.

Website Access

RestroPress hereby grants you permission to use the website in accordance with these Terms of Use, provided that:

• You will not copy or distribute any part of the website in any medium without RestroPress' prior written authorization.
• You will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose.
• You will otherwise comply with all of these Terms of Use, and you agree not to collect or use any personally identifiable information from the website, including, without limitation, account names, email addresses or other User Submissions.
• You agree not to use the communication systems provided by the website for any commercial solicitation purposes, including, without limitation, soliciting any users of the website for commercial purposes.
• You will not, without the written consent of RestroPress, copy, translate, modify or make derivative works of the content of the Site or any part of it. It is strictly prohibited to redistribute, sub-license, rent, publish, sell, assign, transfer, market or otherwise make the content of the Site available to third parties.

Modifications to the Website

RestroPress reserves the right at all times to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. RestroPress shall not be liable to you or to any third party for any change, deferral or discontinuance of the website. Your continued use of the Site following the posting of changes means that you have accepted and agreed to these changes.

Assignment

These Terms of Use, and any rights and licenses granted under them, may not be assigned, transferred, delegated or sub-licensed by you, but they may be assigned, transferred, delegated or sub-licensed by RestroPress without restriction.

General

RestroPress reserves the right to amend these Terms of Use at any time, at its sole discretion and without prior notice. Amendments take effect as soon as they are posted on the website. It is the responsibility of all users to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of the revised terms. You agree that any cause of action arising out of or related to the website must commence within one week after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Limitations on Liability

We are not liable for any error or defect in the services caused or contributed to by any user, including you. We are not to be held liable for anything unless all monies owed to RestroPress by you have been paid in full and on time.

We must be given at least 14 days’ written notice of any matter for which we may be liable, and a reasonable period to remedy any such breach, before you incur any costs or expenses in remedying the matter yourself. If you do not provide such written notice, we will not be liable to pay you anything.

We reserve the right to request written evidence of any claim for which you allege we are liable, together with full details of how any liability on our part was incurred and what measures you have taken to mitigate the loss.

We are not liable to you for any:

• consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and service interruptions);
• economic and other similar losses;
• special damages or indirect losses.

You acknowledge that you are under a duty to mitigate any loss, costs, expenses or damages that you may incur. Our total liability to you under any contract shall not exceed the sum of $100 (one hundred US dollars).

Nothing in this contract is designed to exclude or limit any of your statutory rights which are not capable of exclusion or limitation due to your acting in a consumer capacity.

We shall not be liable to you for any delay in the provision of the services, or for any other event, to the extent that it is due to circumstances outside our reasonable control, including but not limited to emergencies, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred/suffered by us or our subsidiaries, affiliates, officers and employees arising from a breach of this agreement, the content you transmit to or through the Website, as well as your conduct on or arising from your use thereof.

Termination

RestroPress may, under certain circumstances and without prior notice, immediately terminate your access to the restropress.com website and any other RestroPress services. Cause for such termination shall include, but not be limited to:

1. breaches or violations of the Terms of Use, other incorporated agreements or guidelines;
2. requests by law enforcement or other government agencies;
3. a request by you (self-initiated account deletions);
4. discontinuance or material modification of the website (or any part of it);
5. unexpected technical or security issues or problems;
6. extended periods of inactivity;
7. engagement by you in fraudulent or illegal activities; and/or
8. non-payment of any fees owed by you in connection with the website or any other RestroPress services.

Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, an emancipated minor, or in possession of legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. RestroPress is not intended for children under 13. If you are under 13 years of age, please do not use the restropress.com website.

Copyright Policy

RestroPress reserves the right to terminate its agreement with you if you (repeatedly) infringe any copyrights of restropress.com or third parties. If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, please inform RestroPress at support@restropress.com.

Third Party Content

Under no circumstances will RestroPress be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your own responsibility to evaluate the accuracy, completeness and usefulness of any information, advice or other content available through RestroPress. The Site contains links to third-party websites maintained by other content providers who have no relationship with RestroPress. These links are provided solely as a convenience to you and not as an endorsement by restropress.com of the content on such third-party sites. RestroPress hereby expressly disclaims any responsibility and representation regarding the content and accuracy of materials on such third-party websites. If you decide to access these linked websites, you understand that you do so at your own risk.

Unless you have a written agreement with restropress.com expressly permitting you to do so, you shall not provide a hyperlink to the Site from any other website. RestroPress reserves the right to revoke its consent to any link at any time in its sole discretion.

RestroPress makes no warranty that use of the Site or of any Content will be uninterrupted or error free.

Disclaimer

The Site and Content are made accessible on an “as is” and “as available” basis. You expressly agree that the use of this Site and its Content is at your sole risk. Neither RestroPress, its affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Site or of any Content will be uninterrupted or error free; nor do they make any warranty as to:

the results that may be obtained from the use of the Site, or of any Content and products of third parties; or the accuracy, reliability or content of any information, service or products provided through the Site.

Indemnification

You agree to defend, indemnify and hold RestroPress, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against restropress.com by any third party due to, arising out of or in connection with your use of the Site. You are solely responsible for your interactions with third parties and other users of the Site. To the extent permitted under applicable law, you hereby release RestroPress from any and all claims or liability related to any product or service of a third party, any action or inaction by a third party, including a third party’s failure to comply with applicable law or to abide by the Terms of Use of restropress.com, and any conduct or speech, whether online or offline, of any other user.

Violation of Terms of Use

If you violate these Terms of Use or other agreements or guidelines, you understand and agree that RestroPress may, at its sole discretion and without prior notice, terminate your access to the Site or block any services offered to you through the Site. You also understand that any violation of these Terms of Use will cause harm to restropress.com and that you will be held responsible for this damage. RestroPress reserves the right to disclose any information we have about you, including but not limited to your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site. RestroPress also reserves the right at all times to disclose any information it finds necessary to comply with any applicable law, regulation, legal process or governmental request. If restropress.com takes any legal action against you as a result of your violation of these Terms of Use, you agree that RestroPress is entitled to recover from you all attorney fees paid and all additional costs of such action. You agree that restropress.com will not be liable to you or to any third party for termination of your access to the Site and its services as a result of any violation of these Terms of Use on your part.

Miscellaneous

These Terms of Use, the Privacy Policy and any other policies, contracts and operating rules from restropress.com constitute the entire agreement between you and restropress.com. If any provision of these Terms of Use is held invalid by a court or any other competent jurisdiction, such invalidity shall not affect the enforceability of the other provisions set out in the Terms of Use. The remaining provisions of this document shall continue in full force and effect. Any failure or decision not to exercise any of the rights under these Terms of Use shall not be deemed a waiver of such rights. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third party.