THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST RESCUE, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
1. Products, Services and Programs. All Products, services or programs made available by Rescue or its suppliers on the Site are intended for personal use only. All Products, services, programs, information and materials on the Site are presented solely for the purpose of providing general information and do not constitute medical advice or other professional instructions on the use of the Products. The 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. You may not re-market, re-sell, or otherwise dispose of, any Products without obtaining Rescue’s prior written consent. Other terms and conditions included on the Site, such as our membership, shipping and return policies are incorporated herein.
1.1. To read our Membership Policy, please click here.
1.2. To read our Shipping and Return Policy, please click here.
2. Products on the Site. Except with respect to the products and services on the Site that are specifically designed as owned by Rescue (“Rescue Products”), Rescue does not develop, manufacture or own many of the products and services (“Third Party Products”) available on the Site. (The Rescue Products and the Third Party Products may be collectively referred to as the “Products.”)Rescue is not responsible for any loss or damage incurred as a result of any Third Party Products or with respect to your use of any Third Party Products. If there is a dispute between you and any distributor, manufacturer or other supplier of the Third Party Products (a “Supplier”), Rescue will provide reasonable assistance and cooperation in accordance with these terms, including as provided in the Return Policy, but you hereby release Rescue from any claims, demands, or damages of any kind and of any nature arising out of or relating to any such dispute. Rescue will make Third Party Products available, but you acknowledge and agree that Rescue is not a Supplier, nor is Rescue an agent or other representative for any Supplier (as between you and the Supplier). As a result, Rescue has limited oversight and responsibility for the Third Party Products on the Site, including the quality, accuracy, safety, or legality of Third Party Products, or the accuracy of any Third Party Product descriptions or other materials.
3. Registration. In order to access or purchase certain Products, programs, materials, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to submit your e-mail address and a password for your account. You may also be required to provide certain information about yourself. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Any personal information that you provide to us via the Site is subject to our Privacy and Cookie Notice. Rescue will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password or account login. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
4.2. Prices displayed on the Site are in U.S. dollars and are valid and effective only in the United States. Prices on Products and services may change without notice. In the event that a Product or service is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the Product or service listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and we cancel your order, we will promptly provide you with a refund. We may restrict delivery to addresses in certain jurisdictions. We will add shipping and handling fees and applicable sales/use tax in accordance with our then existing policies.
4.3. Rescue reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Rescue. The availability of Products and services is not guaranteed. We reserve the right without prior notice to discontinue or change specifications and prices on Products or services without incurring any obligation to you. We also reserve the right to limit quantities to the amount reasonable for our regular customers.
5. General Restrictions on Use. You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You will not (and will not attempt to): (a) access the Site by any means other than through the interfaces that are provided by Rescue; (b) gain unauthorized access to Rescue’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Rescue’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, e-mail addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online services competitive with Rescue; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity, including as a result of the your failure to obtain consent to post personally identifying or otherwise private information about a person.
6. Content on the Site
6.1. As between you and Rescue, Rescue owns or licenses all information and materials, including logos, designs, titles, phrases, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Rescue, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Rescue or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
6.2. By contributing information to the Site, including product reviews, feedback or other materials (“User Content”), you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
7.1. Rescue expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Site Content, User Content, Products services, advice, information or links provided or displayed on the Site will meet your requirements; (ii) that the Site will be uninterrupted, timely, secure or free from error or that any errors will be corrected; or (iii) regarding the Site Content, User Content, Products, services, advice, information, or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
7.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE, THE SITE CONTENT, THE USER CONTENT, AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE CONTENT, THE USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND TITLE.
7.3. You understand that the technical processing and transmission of any Site Content or User Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Rescue reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Rescue assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; or (b) any problems or technical malfunction of any networks, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site. While Rescue endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control.
9. Limitation of Liability. TO THE FULL EXTENT PERMITTED BY LAW, RESCUE AND ITS AFFILIATES, INCLUDING RESCUE SPA PHILADELPHIA LLC, SUBSIDIARIES AND SUPPLIER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH THE SITE, THE SITE CONTENT, THE USER CONTENT, AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF RESCUE OR ITS AFFILIATES, INCLUDING RESCUE SPA PHILADELPHIA LLC, SUBSIDIARIES AND SUPPLIERS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THE SITE OR THE APPLICABLE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, INCLUDING RESCUE SPA PHILADELPHIA LLC, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, THE USER CONTENT, OR MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, INFORMATION AND OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
10. Privacy. We care about your privacy and the protection of your personal data. Read our Privacy and Cookie Notice.
11. Indemnification. You will indemnify Rescue and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders, or agents (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or Products or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, the User Content, the services, Products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 11 without the prior written consent of Rescue.
12. Complaint Procedures. If you believe that any content on this Site violates your intellectual property or other rights, please send to us at [email protected] a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Dispute Resolution
13.1. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Philadelphia, Pennsylvania, unless we elect otherwise.
13.2. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Us should be submitted by mail to the AAA along with your demand for arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
13.3. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the e-mail address used to log in to the Rescue account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Us.
14. Governing Law. Without limiting the terms of Section 13 of these Terms, these Terms and the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws rules. If the arbitration agreement is deemed unenforceable or void, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Philadelphia, Pennsylvania, for purposes of any legal action arising out of or related to the use of the Site or these Terms.
15.1. The Site is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site, Site Content, User Content, services, Products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
15.2. These Terms, including the Privacy Notice, constitute the whole legal agreement between you and Rescue and govern your use of the Site and any transactions you may have with Rescue through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Rescue in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Rescue may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Rescue will make a new copy of the Terms available on the Site. You agree that Rescue is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.
15.3. The failure of Rescue to exercise or enforce any right or provision of the Terms will not operate as a waiver of any such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms does not affect or impair in any way the validity, legality, and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
15.4. If you have any questions about the Terms, write to: Shop Rescue Spa, Inc., 1811 Walnut St. Philadelphia, PA 19103, Attn: Customer Service, or e-mail us at: [email protected]
LAST UPDATED: December 23rd, 2022
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