TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (the “Terms” or the “Agreement”) CAREFULLY. THESE TERMS GOVERN THE LEGAL RELATIONSHIP FORMED BETWEEN ACME REVIVAL, INC. AND YOU. YOUR USE OF THE WEBSITE www.acmerevival.com (the “Website”) OR THE PLACEMENT OF AN ORDER WITH ACME REVIVAL, INC. VIA ELECTRONIC OR NON-ELECTRONIC MEDIUMS IS AN ACKNOWLEDGEMENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ARE HEREBY AGREEING TO BE BOUND BY SUCH TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST NOT PLACE AN ORDER FOR ANY ACME REVIVAL, INC. PRODUCT, AND YOU MUST DISCONTINUE USING THE WEBSITE AND THE APPLICATION IMMEDIATELY.
This Agreement is entered into between Acme Revival, Inc. (“Acme”), doing business as Acme Revival, and each such individual or entity that 1) uses the Website, or 2) places an order with Acme via electronic or non-electronic mediums (referred to herein as “You” or “Your”) (You and Acme are sometimes collectively referred to as the “Parties,” each a “Party”). The Agreement is entered into the moment You use the Website.
2. Products; Prices; Purchase Orders.
Acme lists the medical and industrial products it offers for sale (the “Products”) in a digital catalogue on the Website. You understand and acknowledge that the Products are refurbished—not new. Acme offers the Products to You in “As-Is” condition, subject to the terms and conditions set forth below regarding applicable guarantees, warranties, and shipping and returns policies. Accordingly, unless an Extended Warranty is purchased (see Section 3 below) for a particular Product, Acme makes no warranty, express or implied, about any particular Product. The prices for the Products are listed on the Website and may include additional itemized charges imposed for applicable taxes, shipping and handling, and other fees as Acme may include in its sole discretion. You indicate to Acme which Products You wish to purchase by selecting the specific Products You desire and choosing to add those items to Your electronic cart (the “Purchase Order”). Prior to checkout, all the Products in Your Purchase Order, their respective prices, any applicable fees and other charges, and the total amount to be paid upon checkout (the “Order Total”) will be displayed for You. Prior to checkout You may make changes to the Purchase Order by removing Products in the Purchase Order or adding additional Products to the Purchase Order. By submitting Your payment information and shipping information at checkout and clicking on the “Place Order” button (or other similar such button), You acknowledge that Your Purchase Order is final and cannot be modified without the express written consent of Acme, and You agree to pay the full amount of the Order Total to Acme. Hence, it is Your sole responsibility to ensure that Your Purchase Order is correct prior to checkout.
3. Extended Express Warranty.
As an optional and additional add-on purchase, You may purchase extended warranty coverage (the “Extended Warranty”), which offers warranty protection for 365, or 720 days from the Purchase Order date. Notwithstanding, Warranty Claims (defined in Section 3.2 below) can only be made after the expiration of the applicable Return Period (defined in Section 6 below). Except for the Exclusions identified below, Acme guarantees all Products You purchase on the Website with an Extended Warranty shall operate according to the Products’ respective original specifications, and Acme warrants all such Products against substantial defects in materials and workmanship, and against actual and direct damage as a result of some accidents (the “Scope of Warranty”), for the warranty period you have selected beginning on the date of Your Purchase Order, unless otherwise specified (the “Warranty”). By submitting a Warranty Claim, You will be expressly deemed to have forfeited and waived any claim for a refund that You may have had pursuant to Section 6 of this Agreement, by statute, or by common law. In the event an unforeseen delay postpones delivery of a purchased Product by greater than 30 days from the Purchase Order date, the Warranty coverage period will commence on the day of delivery of the applicable Product.
3.1 Exclusions from Warranty Coverage.
The Scope of Warranty for the Extended Warranty for each Product does not include the following (collectively, the “Exclusions,” each an “Exclusion”):
- -Damages caused by improper installation, removal or disposal of the Product, or damage to a Product while it is being serviced;
- -Damages caused by (a) another physical or electronic item, substance, or chemical that is not the Product, (b) abuse or misuse, (c) liquid contact as a result of natural phenomenon, fire, earthquake or other external cause, (d) operating the Product outside the permitted or intended uses described by the manufacturer, or (e) service (including upgrades and expansions) performed by anyone who is not a representative of Acme or an Acme Authorized Service Provider (as identified by Acme).
- -Damages to a Product with a serial number that has been altered, defaced or removed, or to a Product that has been modified to alter its functionality or capability without the written permission of the manufacturer;
- -Intentional damage or destruction of the Product;
- -Damages caused to the Product by a third-party carrier shipping the Product to or from Acme’s facilities;
- -Damages to a Product that has been lost, stolen, or transferred to a third-party (i.e. the Extended Warranty apply only to Products that are returned to Acme by the original purchaser);
- -Cosmetic damage to the Product, including, but not limited to, scratches, dents and broken plastic on ports;
- -Consumable parts, such as batteries, lightbulbs, or disposable accessories;
- -Preventative maintenance on or for the Product; and
- -Loss of profits or revenue as a direct or indirect result of loss or interrupted use of the Product.
- -All other damages that are neither defects in material and workmanship nor the actual and direct result of an accident.
3.2 Warranty Claim.
The Extended Warranty coverage protects the value of Your Product up to the amount You paid for that particular Product only. To make a valid claim under the Extended Warranty (a “Warranty Claim”), You must submit the Warranty Claim through the Help tab on the Website on or before the expiration date of the applicable Extended Warranty. A Warranty Claim submitted after the expiration of the applicable Warranty period need not be honored by Acme, which determination shall be at Acme’s sole and exclusive discretion. Upon receipt of a timely Warranty Claim, Acme or its agents may require that You furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow additional procedures for obtaining warranty service. At Acme’s sole and exclusive discretion it may determine whether Your Product will be repaired or whether the purchase price for the Product will be fully or partially refunded, which determination may be changed at any time. In the event Acme chooses to repair the Product, Acme shall only be required to attempt a commercially reasonable repair of the Product. If Acme has been unable to repair the Product within a period of 90 days after the expiration of the applicable Extended Warranty period, You may request a refund of the amounts paid for the Product, but Acme will retain the sole and exclusive discretion to determine it will continue attempting to repair the Product, to replace the Product, or to provide a full or partial refund. Depending on the condition of the Product, Acme may determine that the Product needs to be sent to one of Acme’s facilities for service and/or repair. Once Acme determines that a repair made under the Warranty Claim is sufficient to discharge its Warranty obligations, Acme shall notify You and shall deliver the Product to a carrier for delivery to You.. Any warranty service or repair performed by Acme pursuant to this Section shall be warranted for a period of thirty (30) calendar days from the date the Product is delivered to You (even if the Extended Warranty period expired during the warranty service or repair or delivery) and shall be subject to the same limitations and Exclusions set forth in Section 3.1 above and any additional warranty service or repair shall be made pursuant to this Section 3.2. Upon the expiration of the thirty-day period, if no additional request for warranty service or repair has been made, the Warranty Claim will be considered resolved and closed. Any further Warranty Claims must be submitted using the same procedure as a new Warranty Claim unless Acme otherwise provides its express written consent to re-open a Warranty Claim.
3.3 Your Responsibilities.
To facilitate a valid Warranty Claim, You must comply with the following, the failure of which may void Your Warranty Claim in Acme’s sole and exclusive discretion:
3.3.1 IN THE EVENT ACME REQUIRES THE PRODUCT TO BE SENT TO ONE OF ITS FACILITIES FOR SERVICE AND/OR REPAIR, IT IS YOUR RESPONSIBILITY TO ENSURE PROPER PACKING FOR SHIPMENT. IF THE PRODUCT IS DAMAGED IN TRANSIT TO ACME, THE WARRANTY CLAIM WILL BE VOID, AND YOU WILL NEED TO SUBMIT A CLAIM FOR REIMBURSEMENT THROUGH THE CARRIER YOU USED TO SHIP THE PRODUCT, WHICH MAY OR MAY NOT FULLY COMPENSATE YOU FOR THE LOSS OF THE PRODUCT. THEREFORE, IT IS INCUMBENT UPON YOU TO TAKE PHOTOGRAPHS OF THE CONDITION OF THE PRODUCT IMMEDIATELY PRIOR TO SHIPMENT;
3.3.2. IF APPLICABLE, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE PRODUCT’S INFORMATION STORAGE MEDIA TO PROTECT THE CONTENTS THEREIN AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. YOU MUST ALSO REMOVE FROM THE PRODUCT ALL PERSONAL INFORMATION THAT YOU WISH TO PROTECT. DURING WARRANTY SERVICE THE CONTENTS OF THE PRODUCT’S INFORMATION STORAGE MEDIA MAY BE DELETED AND REFORMATTED. YOU AGREE THAT ACME AND ITS AGENTS SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA, OR OTHER INFORMATION, PERSONAL, PROPRIETARY, OR OTHERWISE, CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE ITEM SERVICED; and
3.3.3 You must disable all security passwords for the Product to enable Acme to service and/or repair the Product.
3.3.4 You must comply with all communications and requests for information made to You by Acme to enable Acme to service and/or repair the Product. In the event that You fail to respond to communications by Acme or fail to respond to requests for information made by Acme while the Product is in Acme’s possession, Acme may provide written notice to You that unless You respond in writing to Acme’s communication within seven (7) calendar days then Acme shall store Your Product in its warehouse until You respond, which storage shall incur daily fees at a reasonable rate that Acme shall determine in its sole and exclusive discretion. If Acme does not receive a response from You within thirty-seven (37) calendar days, the Product shall be deemed to have been abandoned, and You hereby (i) irrevocably authorize Acme to sell the Product to cover all fees owed to Acme, after which any such remaining sale proceeds shall be delivered to Your last known address, and (ii) agree to indemnify Acme, including attorney’s fees and costs, for any claims made against Acme by any third-parties with respect to the sale of such Product. In the event You fail to respond to communications by Acme or fail to respond to Acme’s requests for information while the Product is not in Acme’s possession, Acme may provide written notice to You that unless You respond in writing to Acme’s communication within seven (7) calendar days, then Your Warranty Claim shall automatically be deemed abandoned and closed.
4. Optional Repairs ; Repair Services.
Acme may offer as a separate and independent service to repair any Product or device, regardless of whether such Product or device was purchased from Acme (“Optional Repairs”), so long as such Product or device is not subject to a Warranty Claim through Acme. Any Optional Repairs Acme offers shall be performed at an hourly rate for all labor performed, which rate Acme may determine in its sole and exclusive discretion. In the event that You seek any Optional Repairs for any Product, Acme shall provide instructions to You to deliver the Product to a designated Acme repair facility, which delivery shall be subject to the terms of Sections 7 and 7.1 below regarding shipping damage and risk of loss. Upon receipt of the Product, Acme shall perform a diagnostic review of the Product, for which Acme shall be entitled to a reasonable diagnostic fee that Acme will determine in its sole and exclusive discretion. Thereafter, Acme will provide You with an estimate or quote for the Optional Repairs (the “Work Order”). The Work Order may include an estimate or quote for the purchase of necessary parts, which in Acme’s sole and exclusive discretion may be new Original Equipment Manufacturer (OEM) parts, new non-OEM parts, pre-owned parts, or a combination of any such parts (collectively, the “Parts”). Upon receipt of the Work Order, You shall have fifteen (15) calendar days to accept or reject the terms of the Work Order in writing. If you accept the Work Order, Acme shall proceed to make a commercially reasonable attempt to make the repairs listed on the Work Order; however, Acme shall not be held liable if it is unsuccessful in repairing the Product as specified in the Work Order, and, in that event, Acme shall still be entitled to compensation for the attempted repair. Upon the conclusion of the Work Order, whether fully repaired or not, Acme shall deliver the Product to you via a third-party Carrier, subject to the terms of Section 7 and 7.1 below regarding shipping damage and risk of loss. If you reject the Work Order Acme shall return the Product to You. If Acme does not receive a written acceptance or rejection of the Work Order within fifteen (15) calendar days after delivery of the Work Order to You, Acme shall store Your Product in its warehouse until You either accept or reject the Work Order, which storage shall incur daily fees at a reasonable rate that Acme shall determine in its sole and exclusive discretion. If Acme does not receive a written acceptance or rejection of the Work Order within thirty (30) calendar days after delivery of the Work Order to You, or, You fail to pay the invoiced balance of the Work Order within thirty (30) calendar days after delivery of the Work Order to You, the Product shall be deemed to have been abandoned, and You hereby (i) irrevocably authorize Acme to sell the Product to cover all fees owed to Acme, after which any such remaining sale proceeds shall be delivered to Your last known address, and (ii) agree to indemnify Acme, including attorney’s fees and costs, for any claims made against Acme by any third-parties with respect to the sale of such Product.
4.1 Warranties for Optional Repairs.
If Acme is able to successfully repair the Product or device, Acme hereby warrants any Optional Repairs performed against failure, defect, or fault for a period of thirty (30) days from the date of confirmed delivery to the Address You provided Acme (the “Optional Repair Warranty”). The Optional Repair Warranty shall be applicable only for the specific repairs made pursuant to the Work Order, and Acme shall not be liable for any issues with the Product or device that are unrelated to the optional repairs performed by Acme. The Optional Repair Warranty shall also be subject to the same Warranty Exclusions set forth in Section 3.1 above, and shall also exclude any warranties for any Parts used in the Optional Repairs. In the event that You wish to make a claim upon the Optional Repair Warranty, You must follow the same procedures set forth in Section 3.2 above to make a Warranty Claim before the expiration of the Optional Repair Warranty, and You shall have the same responsibilities and obligations set forth in Section 3.3 above.
5. Waiver of Implied Warranties.
EXCEPT FOR ANY EXPRESS WARRANTIES DESCRIBED UNDER THIS AGREEMENT, YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL OTHER GUARANTEES, AND EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Acme shall permit You to return a Product (excluding disposable supplies and parts) to Acme in exchange for a full refund for any reason if such request for a refund is received in writing by Acme within the 30-calendar day period beginning on the date the Product was originally delivered to You (the “Return Period”), unless a shorter or longer Return Period is otherwise specified on the individual Product’s page on the Website at the time of purchase. If You decide to make a Warranty Claim instead of a request for a refund pursuant to this Section, you will be deemed to have forfeited and waived any right to request a full refund pursuant to this Section, even if You previously made a timely request for a refund pursuant to this Section. Acme shall have no obligation to refund You for any attempted returns outside the applicable Return Period. To return a Product or Purchase Order in full, You must contact Acme’s support team to obtain a Return Ticket Authorization Number (the “Ticket Number”) prior to returning any Products. Products returned without a proper Ticket Number will be returned to You without refund, and the Return Period shall not be extended. Upon receiving the Ticket Number, the returning Product must enter return transit via the contracted third-party carrier within seven (7) calendar days. In the event the returning Product does not enter return transit via the contracted third-party carrier within seven (7) calendar days, Your request for a Return shall be deemed abandoned without any extension to the Return Period, and a new request for a Return must be made. In the event that You deliver the Product to the carrier outside the seven (7) calendar period, Acme shall have the sole and exclusive discretion whether or not to honor the Return and request for refund. Until Acme is in receipt of the Product being returned, Acme shall have no obligation to process a refund for the Product, and if the Product is never received by Acme, no refund shall be due to You. IT IS YOUR RESPONSIBILITY TO ENSURE PROPER PACKING AND SAFE TRANSIT AND TRACKING OF THE PRODUCT TO THE DESIGNATED ACME FACILITY FOR RETURNS. ACCORDINGLY, IT IS INCUMBENT UPON YOU TO TAKE PHOTOGRAPHS OF THE CONDITION OF THE PRODUCT IMMEDIATELY PRIOR TO SHIPMENT. Notwithstanding the above, in the event a Product is returned to Acme in a condition different from the condition of the Product when Acme delivered it to You, whether the fault of the carrier or by You, Acme may contact You to investigate Your use of the Product, and Acme may in its sole discretion return the Product to You and provide no refund or keep the Product and provide You with a refund commensurate with the value of the Product at the time of its return (which may be $0 if the Product is severely damaged), which value Acme shall determine in its sole and exclusive discretion. If a full or partial return is processed, Acme shall refund the amount using the payment method You used when purchasing the Product. If more than one payment method was utilized, Acme may refund the payment to one or both methods used. International buyers may be required to pay for, or compensate Acme for, return shipping, customs fees, duties, and other applicable fees incurred in the return.
7. Shipping Damage; Risk of Loss.
Acme contracts with an unaffiliated third-party courier (the “Carrier”) to deliver Your Products. Whether in respect to the initial delivery of the Product after purchase or subsequent returns of the Product to You, Acme shall only be responsible for delivery of the Product to the Carrier, after which the risk of loss of the Product shall immediately shift to You. In the event You return the Product to Acme for a return, warranty repair, or non-warranty repair, You shall bear the risk of loss until the moment the Product is delivered to Acme. Acme shall have no responsibility to insure the Product during delivery by the Carrier for its full stated value unless You specifically request in writing that Acme insure the Product and pay Acme for any additional cost of insurance. Upon delivery, the courier may require a signature from someone over the age of 18 year to accept delivery. Under no circumstances shall Acme be liable to You in the event the Product is lost, damaged or stolen during or after shipping, even if the Carrier refuses to sufficiently compensate You for the loss, damage or theft of the Product. Additionally, when returning Product(s) to You, Acme shall be under no obligation to utilize the same packaging materials You provided Acme, which packaging materials may be disposed of or reused at Acme’s sole and exclusive discretion. Although shipping damage is exceptionally rare, if the shipping container for the Product is severely damaged or if the contents therein are broken or otherwise harmed, do not sign for or accept the shipment; rather, take photographs of the damaged container and/or Product(s) sufficient to establish that the damage was caused during shipment and not by You or Your mishandling of the Products and contact Acme’s support staff immediately (contact information below) to provide such photographs to Acme. Products damaged during shipment are not eligible for a Warranty Claim, but may be eligible to be reimbursed by an insurance claim through the shipping courier. You agree to cooperate promptly with Acme to submit an insurance claim through the shipping courier.
7.1 Inbound Shipping Safety Requirements and Disclaimers.
All medical, lab, industrial, or scientific equipment sent to Acme’s facilities must meet certain requirements to ensure the safety of Acme’s employees and maintain a safe and healthy working environment. Acme requires that You take note of the following guidelines before shipping any equipment to Acme’s facility:
- Proper Sanitization: Prior to shipment to Acme, all Products must be thoroughly cleaned and sanitized to prevent any potential biohazard risks. Any Product that has not been properly sanitized will be refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. It is Your responsibility to ensure that the Product is free from any harmful bacteria, viruses, or other pathogens.
- Fluid Drainage: All devices must be drained of any and all fluids, including blood or other bodily fluids, before shipment to prevent any potential biohazard risks that may arise during the handling and inspection process. Failure to comply with this requirement may result in the equipment being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. It is Your responsibility to ensure that the Product is free from any fluids.
- Hazardous Materials: All hazardous materials, chemicals, or other potential hazards (collectively, “Hazards”) associated with the Product must be properly labeled and identified. Acme reserves the right to take any necessary precautions to ensure the safety of its employees when handling such equipment. Failure to comply with this requirement may result in the Product being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. It is Your responsibility to ensure that all Hazards are properly labeled and identified.
- Special Handling Requirements: It is Your responsibility to provide Acme with any relevant information regarding the Product to be shipped, including the type of device, the intended use, and any special handling requirements. Failure to comply with this requirement may result in the Product being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. Acme shall not be liable for any damage caused to the Product as a result of any failure by You to communicate special handling requirements to Acme.
You shall be liable for any and all injuries or damage caused to Acme or its employees by Your failure to adhere to the above requirements. For Your convenience, below is a list of materials that Acme will not handle unless properly labeled, contained, and identified at time of delivery to Acme:
- Blood or other bodily fluids
- Chemical reagents or solvents
- Radioactive materials
- Corrosive or flammable liquids (gasoline, oil, or other fluids)
- Biological agents or toxins
- Hazardous compounds, gases or vapors released at time of inbound evaluation
- Sharps or other medical waste
- Asbestos or other toxic fibers
- PCBs or other persistent organic pollutants that exceed Acme’s indoor atmospheric standards
- Mercury or other heavy metals
Furthermore, Acme recommends customers review UPS’ List of Prohibited and Restricted Items for Shipping. Acme shall not be liable for any shipping delays resulting from the Carrier refusing to ship a Product to Acme.
8. Customer Support.
Acme may, in its sole discretion, offer remote customer support channels to You for help with purchases, requests regarding returns and other claims, and general troubleshooting. The following support channels may be utilized for customer support:
- Email: email@example.com
- Telephone: +1 (866) 938-8452
- Web Chat: https://acmerevival.com
- Availability: Monday-Friday from 5:30am to 7:00pm (Mountain Time)
If You attempt to contact Acme through an alternative channel, You may not receive a response. Acme reserves the right to discontinue support or refuse service to You if You exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through Acme’s available support channels. In certain cases, Acme may protect the identity of its support agents or team members by using aliases, nicknames, or other filters in order to comply with privacy laws.
9.1. Payment Invoicing; Credit Terms.
If applicable, qualified customers may be able to purchase items via extension of NET 30 invoice terms with payment being due no later than (30) thirty days from invoice date. Upon placing an order, an invoice will be generated with a NET 30 payment term. The invoice will clearly indicate the due date by which the payment must be received to avoid any late fees or interest charges. Payments made through methods not explicitly listed in Section 9 of our terms and conditions will not be accepted for orders placed on NET 30 terms. If payment is not received by the due date, a one-time $20 late fee will be added to the outstanding amount. Additionally, the 29.99% APR will be calculated on the remaining unpaid balance. The accrued interest will be calculated based on the outstanding balance and added to the invoice on a daily basis until the outstanding amount is settled. Acme Revival reserves the right to take appropriate actions to recover the outstanding amount, which may include, but is not limited to, suspending further credit terms or pursuing legal remedies pursuant to Section 17.2. If you choose to return a product, please be aware that the due date for your invoice might occur before the processing of your return. In such cases, it is your responsibility to ensure that any outstanding balance is settled by the original due date.
10. Intellectual Property.
This Agreement does not constitute a sale of any rights of ownership in or related to the Website, or any intellectual property rights owned by Acme. Acme alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Acme Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website or Products. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Website or the Products shall be owned solely and exclusively by Acme, and/or, as applicable, Acme’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. To the extent You create any intellectual property in relation to Your use of the Website, You hereby irrevocably assign to Acme any and all of Your intellectual property rights, including, but not limited to, Your rights, title, and interests in the Website, the Products, or any modification to or derivative work of the Website or the Products. You shall not remove, obscure, or alter, or authorize or permit any third-party to remove, obscure, or alter, any proprietary rights legend or legal notices displayed in the Website or Products. For the avoidance of doubt, using Acme’s Website or Products shall not give You ownership of any intellectual property rights in Acme’s Website, Products, or the content You access. You may not use content from Acme’s Website unless You obtain permission from its owner or are otherwise permitted by law. These Terms do not grant You the right to use any branding or logos used in the Website or Products without Acme’s express written approval. Acme and its name, logo and the Product names and logos associated with the Website and Products are to be considered trademarks of Acme, its affiliated companies or approved third-parties, and no right of license is granted to You to use them. The materials and content on the Website are copyrighted by Acme and/or other applicable rights holders, excluding You. You may download and reprint a single copy of the materials from the Website for Your own personal, noncommercial use only, provided that You keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without Acme’s prior written permission and the permission of all applicable rights holder(s).
10.1. Notice of Copyright Infringement.
If You are a copyright owner who believes Your copyrighted material has been reproduced, posted or distributed by Acme in a manner that constitutes copyright infringement, prior to initiating any legal dispute You agree to inform Acme’s designated copyright agent by sending written notice by email to firstname.lastname@example.org. You must include the following information in Your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the Website or Products; (c) Your contact information, including Your address, telephone number, and, if available, email address or other electronic address; (d) a statement by You indicating that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by You, made under penalty of perjury, affirming that the information in Your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on the Website. Failure to comply with this Section shall be deemed a material breach of this Agreement.
THE WEBSITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” BASIS FOR THE SALE OF PRODUCTS AND SHOULD NOT BE USED FOR THE BASIS OF ANY SCIENTIFIC RESEARCH OR STUDIES. ANY ACCESS TO OR USE OF THE WEBSITE, AND ANYTHING YOU DOWNLOAD THEREFROM, IS VOLUNTARY AND AT YOUR SOLE RISK. THE WEBSITE AND THE PRODUCTS ADVERTISED THEREIN, ARE INTENDED FOR AUTHORIZED, LICENSED MEDICAL PROFESSIONALS ONLY, INCLUDING MEDICAL DOCTORS, MEDICAL PHYSICIANS, MEDICAL PRACTICTIONERS, THEIR RESPECTIVE STAFF, THEIR RESPECTIVE CLINICS OR ENTITIES, THEIR AGENTS, AND OTHER AFFILIATED MEMBERS THEREOF. ACME SHALL NOT BE HELD RESPONSIBLE FOR PRODUCTS SOLD TO PERSONS WHO ARE NOT ALLOWED BY APPLICABLE LAW TO POSSESS ANY OF THE PRODUCTS SOLD BY ACME. ACME MAY DECLINE SERVICE AND/OR SALE OF ANY PRODUCTS TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON SO LONG AS DOING SO WOULD NOT VIOLATE APPLICABLE LAW. ACME DOES NOT MAKE ANY REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGMENT), WITH REGARD TO THE WEBSITE OR THE PRODUCTS, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED TO YOU ON OR THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM ACME TECHNICIANS YOU COMMUNICATE WITH), AND AS SUCH YOUR RELIANCE ON ANY SUCH ALLEGED REPRESENTATIONS OR ENDORSEMENTS SHALL BE DEEMED UNREASONABLE AND UNJUSTIFIED. ACME DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE OR THE INTERNET GENERALLY. ACME MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, FREE FROM MALWARE, ERROR-FREE, OR CAUSE A LOSS OF DATA. ACME EXPRESSLY DISCLAIMS THAT ANY FILES MADE AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE USING IT, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES RESULTING FROM USING THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE THAT WILL ALLOW YOU TO RECONSTRUCT OR RECOVER ANY LOST DATA.
12. Limitation of Liability.
YOU RECOGNIZE THAT ACME IS IN THE BUSINESS OF SELLING GOODS ONLY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ACME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, EVEN IF ACME IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL ACME BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ACTS OF GOD OR OTHER UNEXPECTED EVENTS OUTSIDE ACME’S DIRECT CONTROL, THE USE OF, OR THE INABILITY TO USE, THE ACME WEBSITE OR PRODUCTS, OR THE SHIPMENT, REPAIR, OR REPLACEMENT OF PRODUCTS PURSUANT TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM PERSONAL INJURIES TO YOU OR ANY THIRD-PARTY, ANY COSMETIC DAMAGES OR MINOR PHYSICAL DAMAGES ARISING FROM ACME’S ENTRY INTO THE PRODUCT TO PERFORM INSPECTIONS OR REPAIRS, ANY DAMAGES ARISING FROM ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE ACME WEBSITE, OR ANY DAMAGES ARISING FROM THE LOSS OF ANY DATA THAT MAY HAVE OCCURRED DURING WARRANTY SERVICE OR REPLACEMENT OF ANY PRODUCT (YOU ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK OF LOSS OF SUCH DATA AND ARE ADVISED TO MAKE ANY NECESSARY BACKUPS OF SUCH DATA PRIOR TO DELIVERY OF THE PRODUCT TO ACME FOR WARRANTY SERVICE OR REPLACEMENT). IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE DETERMINED BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF ACME FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) AT ISSUE. THE FOREGOING LIMITATION OF ACME’S LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE ACME PRODUCTS OR APPLICATION, AND IF NO PRODUCTS WERE PURCHASED, THEN THE MAXIMUM AMOUNT OF ACME’S LIABILITY SHALL BE ONE HUNDRED DOLLARS ($100.00).
13. Class Action Waiver.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, INCLUDING, BUT NOT LIMITED TO, CLASS ARBITRATIONS OR JOINDERS WITH MORE THAN TWO TOTAL PLAINTIFFS, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
You agree to indemnify and hold harmless Acme, Acme’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, attorneys, accountants, representatives, licensors, successors and assigns from and against any and all losses, expenses, claims, judgments, damages and costs, including reasonable attorneys’ fees, that arise out of Your use of the Products, the Website, violation of this Agreement by You or any other person using Your account, or Your violation of any rights of another. Acme reserves the right to control the defense of any claim for which Acme is entitled to indemnification under this section. In such event, You agree to provide us with such cooperation as is reasonably requested by Acme.
This Agreement is personal to You and may not be assigned by You except as expressly agreed to by Acme in a signed writing. On the other hand, Acme shall be permitted to assign this Agreement to any third-party in connection with the sale or acquisition of Acme without Your consent and without notice to You. To the extent Your consent or notice is required by law, You hereby irrevocably agree to consent to such an assignment in advance and waive any requirements for notice of such an assignment.
If any term or other provision of this Agreement is determined to be invalid, illegal, or incapable of being enforced by any rule of law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible, in a mutually acceptable manner.
17. Dispute Resolution.
This Agreement (and any claims or disputes arising out of or related hereto or thereto, whether for breach of contract, tortious conduct or otherwise, and whether predicated on common law, statute, or otherwise) shall be governed by, and construed in accordance with the laws of the State of Colorado, United States of America, irrespective of the choice of law principles of any other state or country, including all matters of validity, construction, effect, enforceability, performance, or remedies. The Parties explicitly agree that in the event You breach this Agreement, Acme will be entitled to utilize as a measure of damages the full purchase price of any good(s) at issue in such dispute.
17.1 Disputes You Have Against Acme.
In the event You have a dispute against Acme that arises out of or relates to this Agreement, You agree that You will adhere to following dispute resolution procedure: (1) You must first provide to Acme written notice of the dispute detailing the nature and factual circumstances of Your complaint as well as the relief You are seeking (the “Notice of Dispute”). The Notice of Dispute must be mailed via USPS certified mail to: PO Box 371772, Denver, CO 80237. Failure to submit a Notice of Dispute to Acme before initiating litigation or arbitration shall be deemed a forfeiture of any and claims You may have had against Acme. (2) If You and Acme are unable to resolve Your dispute to Your satisfaction within sixty (60) calendar days of Acme’s receipt of the Notice of Dispute, You hereby irrevocably and unconditionally agree that any disputes You have that arise from or are related to this Agreement (in the broadest interpretation possible) shall be submitted to mandatory and binding arbitration through JAMS, shall be governed by the Federal Arbitration Act, and shall use the JAMS’ then-applicable Comprehensive Arbitration Rules and Procedures. In that event, the Parties irrevocably and unconditionally submit to the personal jurisdiction of JAMS, and the Parties shall select a single neutral arbitrator who shall issue a reasoned opinion along with the arbitration award at the conclusion of the final arbitration hearing. Either Party may then petition a court of competent jurisdiction for confirmation of the arbitration award and for entry of judgment based on such award. The Parties agree that the sole and exclusive venue for any litigation or arbitration arising out of or related to this Agreement shall be proper only in the State of Colorado, United States of America, and for the purpose of confirming an arbitration award (or if the arbitration requirement is deemed waived) the Parties irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of the state or federal courts of the State of Colorado over the Parties and agree to be bound by any judgments, orders, or decrees issued from those courts.
17.2 Disputes Acme Has Against You.
In the event Acme has a dispute against You, Acme shall have sole and exclusive discretion to decide whether to bring its claims against You either in a court of competent jurisdiction or through mandatory binding arbitration. In the event that Acme elects to bring its claims via arbitration, it will do so through JAMS and shall proceed utilizing JAMS’ then-applicable Comprehensive Arbitration Rules and Procedures, and You irrevocably and unconditionally submit to the personal jurisdiction of JAMS. You agree that the sole and exclusive venue for any litigation or arbitration arising out of or related to this Agreement shall be proper only in the State of Colorado, United States of America, and for the purpose of litigation on the merits or for confirming an arbitration award. You irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of the state or federal courts of the State of Colorado over You and agree to be bound by any judgments, orders, or decrees issued from those courts.
18. Attorney Fees and Costs.
Should Acme be determined to be the prevailing Party in any arbitration, litigation or other action arising from or related to this Agreement, then Acme shall be awarded its reasonable attorneys’ fees and costs, including, but not limited to, the cost of collection, to be paid by You.
19. Waiver of Jury Trial.
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to encompass any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).
No failure or delay of a Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of any other right or power. The rights and remedies of the Parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder. Any agreement on the part of any Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by such Party.
21. No Intended Third-Party Beneficiaries.
This Agreement is not intended to benefit any third-party, and does not create any third-party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by You or by Acme.
22. Modification of Statute of Limitations.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE, THE APPLICATION, OR THE PRODUCTS MUST BE FILED BY YOU WITHIN ONE (1) YEAR FROM THE EARLIER OF: (a) THE DATE OF THE APPLICABLE PURCHASE ORDER, OR (b) THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUED, OTHERWISE SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED. THIS MODIFICATION OF THE STATUTE OF LIMITATIONS SHALL NOT APPLY TO ACME.
23. Subsequent Versions of Agreement.
If Acme in its sole discretion decides to modify the terms of this Agreement in the future, Acme will post the revised Terms to the Website with or without notice to You. You acknowledge that each time You use the Website or place an order for a Product, You are agreeing to the latest version of this Agreement as posted on the Website, and You agree to review this Agreement each time You use the Website so that You can become aware of any modifications made to this Agreement.
24. Incorporation; Conflicts of Terms.
25. Survival of Terms.
Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and shall be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability, and governing law.
Acme Revival’s Terms of Service was last revised and updated on August 31, 2023.