Effective Date: January 2015
SECTION 1 – Collection of Personal InformationPersonal Information
We collect personal information from you when you submit it to us, including by (i) placing an order; (ii) registering as a customer; (iii) emailing us; (iv) participating in promotions, surveys, email newsletters or other features of the Site; and (v) communicating or coordinating with a customer service representative. Such personal information may include your name, mailing address, email address, telephone number, credit card information and other applicable information.Non-Personal Information
When you visit the Site, we may collect certain non-personal information from you, including your computer’s Internet Protocol (IP) address, browser type, operating system, the specific web pages visited during your connection, and the domain name from which you accessed the Site. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.
We may also use web beacons on the Site, in our emails and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your Site visit, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Site. Web beacons help us analyze our Site visitors’ behavior and measure the effectiveness of the Site and our advertising. We may work with service providers, such as Google Analytics, that help us track, collect and analyze this information.
We may combine the non-personal information we collect, such as through cookies and web beacons, with other information we have collected from you.
SECTION 2 – Use of Information
If you change your mind and no longer wish to receive these updates, you can opt-out at any time by sending an email to email@example.com or by mail to:
7868 Silverton Ave., Suite B
San Diego, CA 92126
Please note that even if you opt-out of receiving marketing emails from us, you may still receive email messages regarding your order, such as order confirmation, shipping information, and customer service notifications.
SECTION 3 – Disclosure
SECTION 4 - Security
We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from Site visitors. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances.
SECTION 5 – Your California Privacy Rights
California law permits our customers who are California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to:
7868 Silverton Ave., Suite B
San Diego, CA 92126
SECTION 6 – Interest Based Advertising
SECTION 7 – Children
We do not direct the Site to, nor do we knowingly collect personal information from children under the age of thirteen (13).
SECTION 8 – International Users
The Site may be accessed by an international audience. By visiting the Site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.
SECTION 9 – Third-Party Websites
SECTION 10 – Questions and Contact Information
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at:
Attn: Privacy Compliance Officer
7868 Silverton Ave., Suite B
San Diego, CA 92126
If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.
NOTE: WE DO NOT REPEAT BILL OR REPEAT SHIP. THIS IS A ONE TIME PURCHASE.
IMPORTANT – This is a legal agreement between you (“you”) and Restoration Softwear, Inc. (“Angellift” or “we”). Please review the policies below before completing a purchase on the angellift website or mobile version or application thereof (collectively, “site”). These are the Terms and Conditions that apply to your purchase of products from the site (these “offer Terms and Conditions”). You hereby agree to the terms contained in this agreement (“agreement”) by completing a purchase, which as a part of such process shall include the selection of a method of payment, and entry of your payment method information. In connection with the foregoing, you hereby authorize Angellift to charge the selected payment method and its associated payment account that you have specified for the purchase of the product.
SECTION 1 – License
This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Site solely for your personal use.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by this Agreement, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof); (3) access, link to, or use any source code from the Site (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
SECTION 2 – Use of Material from the Site
Subject to AngelLift’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site. In addition, you agree to assume all responsibility for your use, and the results of your use, of the Site, including meeting any requirements of your contracts with third parties or other persons.
We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) forge headers, impersonate another person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to AngelLift on or through the Site; (4) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content; (7) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (8) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (9) upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network; (10) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (11) use the Site for any illegal purpose; (12) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site; (13) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any AngelLift server, or (d) to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means; (14) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site; (15) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AngelLift’s systems or networks or any systems or networks connected to the Site; (16) use the Site to harvest or collect e-mail addresses or other contact information; or (17) use the Site in a manner that could damage, disparage, or otherwise negatively impact AngelLift. You further represent that AngelLift has the right to rely upon all information provided to AngelLift by you, and AngelLift may contact you by email, telephone or postal mail for any purpose, including but not limited to (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through the Site. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
SECTION 3 – Privacy
SECTION 4 – Proprietary Rights
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Restoration Softwear, Inc. or its licensors. Any rights granted hereby are expressly licensed. AngelLift does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material are Copyright 2015 Restoration Softwear, Inc. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of AngelLift or its owner if AngelLift is not the owner. AngelLift and all other names, logos, and icons identifying AngelLift and its products and services are proprietary trademarks of AngelLift (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of AngelLift, is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners.
SECTION 5 – Representations and Warranties
You represent to AngelLift that (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of AngelLift or any third party; (4) any information or data provided to AngelLift by you will not violate any law or regulation or infringe the rights of AngelLift or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
THE SITE AND MATERIALS ARE PROVIDED “AS-IS.” ANGELLIFT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. ANGELLIFT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. ANGELLIFT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGELLIFT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
LIMITATION OF LIABILITY
AngelLift shall have no responsibility to provide you access to the Site. You acknowledge and agree that AngelLift shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond AngelLift’s control, including, but not limited to, offers or promotions made available on the Site, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL ANGELLIFT NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANGELLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABLITY OF ANGELLIFT FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, RESULTS FROM USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO ANGELLIFT FOR ANY PRODUCT OR SERVICE. THESE SHALL BE CONSIDERED LIQUIDATED DAMAGES AND NOT A PENALTY EVEN IF ANGELLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
SECTION 6 – Indemnification
SECTION 7 – Governing Law
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California, as applied to agreements entered into and completely performed in the State of California without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you consent to the jurisdiction of the federal or state courts located in San Diego County, California for purposes of any suit, action or proceeding arising out of these Terms, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you might have against AngelLift must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact AngelLift if you wish to receive a printed copy of this Agreement. If any Material on this Site, or your use of the Site, is contrary to the laws of the jurisdiction where you are when you access it, the Site is not intended for you, and we require that you not use the Site. Those who choose to access this Site from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
SECTION 8 – ARBITRATION AND CLASS ACTION WAIVER
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ANGELLIFT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
SECTION 9 – Enforcement
You have no reasonable expectation of privacy while using the Site because AngelLift reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by AngelLift for use of or with the Site. Moreover, you also acknowledge that any breach, threatened or actual, of this Agreement by you may cause irreparable injury to AngelLift and/or its licensors, such injury would not be quantifiable in monetary damages, and AngelLift and/or its licensors would not have an adequate remedy at law. You therefore agree that AngelLift and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that AngelLift or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to AngelLift to enforce any provision of this Agreement.
SECTION 10 – Site Modifications
We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of the Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
SECTION 11 – Third-Party Links
The Site may include links to other sites, some of them operated by affiliated companies of AngelLift, and some of them operated by third parties. AngelLift is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third party linked site or any link contained in a third party linked site. AngelLift expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on the Site does not imply our endorsement of those third party companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
SECTION 12 – Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to AngelLift by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that AngelLift may find it on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
7868 Silverton Ave., Suite B
San Diego, CA 92126
SECTION 13 – Termination
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that AngelLift shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. You may also terminate at any time by ceasing to use the Site. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from AngelLift and any right to use the Site shall immediately cease upon termination of this Agreement.
SECTION 14 – No Medical Advice
The statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. The information on this Site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. AngelLift is not intended or to be used to treat any type of medical condition. The information on this Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AngelLift Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Additionally, these products are not intended for use by persons under 18 years of age. Consult a physician before using this product if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Reliance on any information provided by AngelLift or its employees, agents, manufacturers or distributors, or any others appearing on the Site at the invitation of AngelLift, or other visitors to the Site is solely at your own risk.
SECTION 15 – User Comments, Feedback and Other Submissions
If you send certain specific submissions, including by not limited to contest entries, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. By transmitting any feedback to AngelLift, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to AngelLift. In addition, any feedback received by AngelLift will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for AngelLift to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.
SECTION 16 – Miscellaneous
SECTION 17 – Contact Information
Questions about the Terms should be sent to us at email@example.com.