Website Terms and Conditions of Use

 

  1. Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING this website (the “Site”) owned and operated by Zillion Group, Inc. and/or its wholly owned subsidiary Lean Labs, Inc. (collectively, “Zillion”).  By using or accessing the Site, you are agreeing to be bound by these Terms and Conditions of Use (the “Terms of Use”), and agree that you are responsible for compliance with any applicable federal or state laws, rules and regulations.  If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Site.  All references to “we,” “our,” and “us” in these Terms of Use refer to Zillion.  For information on how we use and protect the information you may provide through use of the Site, please read our Privacy Policy (https://www.restorehealth.com/legal/privacy/).  Your use of the Site constitutes your agreement with our Privacy Policy.


Zillion may, at any time, for any reason update, revise, or modify these Terms of Use or make changes to the materials contained on its Site without notice to you.  We recommend that you periodically review these Terms of Use for changes.  Your continued use of this Site after changes are posted constitutes your continued agreement to the then-current Terms of Use.  Zillion may also terminate or suspend your access to or use of the Site as a whole or in part at any time, with or without cause or notice to you.


  1. Use of Service
    Zillion products are developed for people eighteen (18) years of age or older. You represent that you are at least eighteen (18) years old, are of legal age to form a binding contract, and are not a person barred from receiving the service provided by the Site under the laws of the United States or other applicable jurisdiction.  The Site is directed to those individuals and entities located in the United States.  It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations.  If you are a person or entity in such a jurisdiction, you are not authorized to access or use any of the information on this Site.  Those who choose to access this Site from non-U.S. locations do so at their own risk.

  1. Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at support@restorehealth.com or by using the unsubscribe function at the bottom of our communications. 


  1. Use License

Permission is granted to view and use the Site for transitory viewing only.  As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site.  You agree that you are responsible for your own conduct while using the Site and for any consequences thereof.  You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use.  By way of example, and not as a limitation, you agree that when using the Site, you will not:


  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
  • Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose or attempt to decompile or reverse engineer any software contained on the Site;
  • Remove any copyright, trademark, or other proprietary rights notices from the materials or contained in or on the Site or transfer the materials to another person or “mirror” the materials on any other computer or server;
  • Restrict or inhibit any other user from using and enjoying the Site;
  • Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
  • Transmit any viruses, worms, defects, Trojan horses, or harmful or destructive code.

You agree that Zillion shall decide, in its discretion, if your conduct violates any aspect of these Terms and Use and that Zillion may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or any Zillion products.

 

  1. Disclaimer and Indemnification

ZILLION IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION.  ZILLION IS UNDER NO OBLIGATION TO MAINTAIN, UPDATE OR CONTINUE TO OPERATE THE SITE.  THE MATERIALS ON THE SITE ARE PROVIDED “AS IS.” ZILLION MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ABOUT THE INFORMATION CONTAINED ON THIS SITE.  ZILLION DISCLAIMS AND NEGATES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.  FURTHER, ZILLION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THIS SITE.  WITHOUT LIMITING THE FOREGOING, ZILLION MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) DEFECTS WILL BE CORRECTED; OR (V) THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT BY USING THE SITE OR THE INFORMATION CONTAINED THEREIN.  YOU (AND NOT ZILLION) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.  


You hereby agree to hold harmless and indemnify Zillion, and its subsidiaries, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and expenses (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, demand, liability, loss or expense brought against or suffered by Zillion arising out of (a) your alleged breach or violation of these Terms of Use; (b) any information you submit, share, or upload on or to the Site; or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes, misappropriates or otherwise violates the intellectual property rights of a third party.  You shall cooperate fully in the defense of any claim.  Zillion reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.


  1. Limitations

In no event shall Zillion and its subsidiaries, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns be liable for any direct, indirect, punitive, incidental, special, or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption), however caused, and whether arising out of the use or inability to use the Site.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


  1. Intellectual Property Rights

The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Zillion or its content suppliers and are protected by United States and international laws.  Nothing in this Site or these Terms of Use grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Zillion.  Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited.  This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use. 


  1. Use of Site Materials

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials made available to you on the Site by Zillion for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials.  Any modification of the materials or use of the materials for any other purpose is a violation of Zillion’s (or its licensor’s) copyright and other proprietary rights.  The use of any such material on any other Site or computer network without Zillion’s written consent is strictly prohibited.

 

  1. Submitted Content and Ideas

We welcome any comments you may have regarding the Site, its products and services.  Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of Zillion, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended.  This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential.  We will not pay you or anyone else for any information that you provide which is used by us.  Additionally, you represent and warrant that you have the right to provide us with any submission you make, including full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.

 

  1. Termination

You may terminate these Terms of Use at any time by discontinuing your use of the Site.  You do not need to specifically inform Zillion when you stop using the Site.  You agree that Zillion shall decide, in its discretion, if your conduct violates any aspect of these Terms of Use and that Zillion may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or any Zillion products or services.  You alone are responsible for the content and consequences of any of your activities.


  1. Links

Zillion may provide links to various other websites that may be of interest to you, and Zillion provides these links for your convenience only.  Zillion has not reviewed these websites and is not responsible for the contents, accuracy or reliability of any information contained within the websites.  The inclusion of any link on our Site does not imply any endorsement by Zillion of the websites.  Use of any such linked website is at your own risk.  The Terms of Use stated in this policy apply only to this Site and the products and services we offer.  If you decide to access any of the third party sites linked to this Site, you do so at your own risk.  Zillion reserves the right to remove any link or linking program from this Site, at any time, without notice to you. 


  1. Infringement Claims

Infringement Notification Procedure.  If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such information should be sent to support@restorehealth.com.  You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.


Counternotice.  If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to support@restorehealth.com:


  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counternotice is received by Zillion, Zillion may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Zillion’s sole discretion.


  1. Governing Law

These Terms of Use and any dispute arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.  You and Zillion agree to submit to the personal and exclusive jurisdiction of the courts located in Connecticut.  You acknowledge that monetary damages for improper use of these Terms of Use or other breach of these Terms of Use may be inadequate, therefore, Zillion is entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.


  1. General Terms and Conditions applicable to Use of the Website

These Terms of Use constitute the entire agreement between you and Zillion and govern your use of the Site.  You may have entered into other agreements with Zillion.  Those agreements are in addition to these Terms of Use.  These Terms of Use do not modify, revise or amend these terms of any other agreements you may have with Zillion. 


The failure of Zillion to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.