Terms and Conditions for the Online Sale of Goods TO UNITED STATES CUSTOMERS

ACTEGY HEALTH, INC. 

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products through Revitive.com (the “Site”). These Terms are subject to change by Actegy Health, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 8).

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Actegy Health, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have shipped your order. To cancel your order by telephone, call our Customer Service Department at 1-877-260-3116. To cancel your order by email, send a message to [email protected] and provide a clear statement of your wish to cancel. We will send you by email an acknowledgment of any cancellation we accept.
2. The products and their essential characteristics are as described on the Site as of the order date. The Company makes all reasonable efforts to ensure that all descriptions and graphical representations of the products correspond to the actual products, but there may be slight variations in shape, color or size between the image and the product delivered to the customer, including due to differences in computer displays and lighting conditions, and such variations do not constitute product defects. Images and/or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
3. Prices and Payment Terms.
   • All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. The prices displayed on the Site do not include the cost of any accessory service to be provided with the product (for example, where the product requires training, set-up etc.), but any such additional costs will be displayed on the order summary for review by the customer before placing the order. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
   • Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards, debit cards, and HSA/FSA cards for all purchases. You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges, if any, specified during the ordering process.
   • Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return as follows. If the device is in its original condition and the packaging is unopened, and you request a return within 14 days of delivery, you will receive a refund of your purchase price, less the original shipping and handling costs, and less a $25.00 handling fee. If the device and the packaging for the device are in their original conditions, regardless of whether the packaging is opened or unopened, and you request a return within 60 days of receipt, you will receive a refund of 75% of your purchase price (25% of the purchase price is retained as a restocking fee), less the original shipping and handling costs. In both cases, we will provide you a prepaid shipping label to ship the device back to us. After 60 days, products will not be able to be returned unless they are covered under warranty, as described in Section 6.

Devices need to be returned in a like-new condition. Items that are damaged, unsanitary, dented, or scratched may be denied a return. All parts of devices and device accessories, such as remote controls and power adaptors, are required to be returned to be eligible. If these items are not returned, we may either deny the return, or allow a return with a deduction on your refund for the missing item(s).

To return products, call the U.S. customer care team Monday-Friday 9:00 a.m.-5:30 p.m. Eastern time at 1-877-260-3116 or email our Returns Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number and prepaid UPS shipping label before shipping your product. Returns without an RMA number may result in a delay in processing the return. Box your device, put the label on, and drop it off at a UPS Ship Center within 10 days of receiving your RMA and label. Keep your tracking number.

When the tracked box arrives in our warehouse, it will be logged in and refund processing will begin. Within 14 business days, the applicable refund will be applied to the original form of payment (debit or credit card) used to make your purchase on the Site.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE, SUCH AS REFURBISHED OR CLEARANCE ITEMS.

For warranty returns, you are responsible for all shipping and handling charges, and you bear the risk of loss during shipment.

6. LIMITED WARRANTY.

A LIMITED WARRANTY FOR PRODUCTS PURCHASED FROM THIS SITE CAN BE FOUND AT HTTPS://WWW.REVITIVE.COM/US/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. YOU CAN ALSO OBTAIN A PHYSICAL COPY OF THE LIMITED WARRANTY BY CALLING [US AT 1-877-260-3116OR SENDING A REQUEST TO A

THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THE LIMITED WARRANTY.

• Who May Use The Warranty?

The limited warranty extends only to the original purchaser of products from the Site, as well as from authorized third-party sellers with a proof of purchase. It does not extend to any subsequent or other owner or transferee of the product.

• Limitation of Liability.

THE REMEDIES DESCRIBED IN THE LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

• What can you do in case of a dispute with us?

The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under the limited warranty or these Terms.

7. Products for Personal Use and Not for Resale. You represent and warrant that you are buying products from the Site for your own personal or household use only. Certain of our products should not be used if you have a cardiac pacemaker, implanted defibrillator, or other implanted electronic device; being treated for, or have the symptoms of, an existing Deep Vein Thrombosis (“DVT”) or are pregnant. Always read the label. Use only as directed. You represent and warrant that you are not buying products from the Site for resale or export, and that you agree to comply with all applicable laws and regulations of the various states and of the United States.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.revitive.com/us/privacy-policy-cookie-restriction-mode , governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
9. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.
10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
11. Dispute Resolution and Binding Arbitration.
    • YOU AND ACTEGY HEALTH, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 1 (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

• You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
• You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ACTEGY HEALTH, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Actegy Health, Inc.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to Actegy Health, Inc., 6400 Shafer Court, Suite 225, Rosemont, IL 60018. We may update the postal and email addresses for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation, these Terms, the Limited Warranty, the mobile application license agreement relating to any product you obtain on or through this Site, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.