Terms of Use

Terms of Use

Acceptance

This website is the property of TInyMedia LLC, a Utah corporation, its affiliates or subsidiaries, or its licensors or content suppliers (collectively, TinyMedia). By accessing or using TinyMedia websites including, without limitation, www.restlegs.com, you agree to comply with and be bound by these Terms of Use and Privacy Policy, which is incorporated in these Terms of Use by reference. Our web sites are not intended for access or use by any individual that is under 18 years of age. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the TinyMedia websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. Use of TinyMedia websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. We do not guarantee the confidentiality or security of any communication or other material transmitted to or from our web sites over the Internet or other communication network. We are not be obligated to correct or update our web sites and shall not be liable for omissions, typographical errors, or out-of-date information on our web sites.  

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks as well as changes to conform and adapt to technical requirements of connecting networks or devices.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our services, use of our services, or access to our services or any contact on the website through which our services are provided, without express written permission by TinyMedia.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyright, Patent, and Trademarks

All the logos, products, trademarks, services, names used herein are the property of their respective companies and individuals. All content included on this website, including graphics, text, buttons, windows, logos, three-dimensional renderings, images, and icons is the property of TinyMedia, and is protected by United States and international trademark and copyright laws and regulations. The compilation, meaning the collection, arrangement and assembly, of all content on this website is the exclusive property of TinyMedia and is protected by United States and international copyright laws. All software used on this site is the property of TinyMedia or its suppliers and is protected by United States and international copyright laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of this web site, or use this web site for any other purpose. All trademarks and screen marks, including logos, used on this website, including but not limited to TinyMedia, and all brand names including “RestLegs” and “RestWellLegsFx” and their associated logos are trademarks and servicemarks of TinyMedia.   All right, title and interest in and to TinyMedia intellectual property, including copyright, patent, trademark, service mark, and trade secret, remains solely with TinyMedia unless there exists an express signed licensing agreement executed between the parties that explicitly states otherwise.

Disclaimer

THIS WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TINYMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS WEB SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL TINYMEDIA BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS WEB SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF TINYMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER TINYMEDIA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS WEB SITE. FOR EXAMPLE, TINYMEDIA DOES NOT MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TINYMEDIA PROVIDES THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, TINYMEDIA EXCLUDES ALL WARRANTIES. WHEN PERMITTED BY LAW, TINYMEDIA, AND IT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TINYMEDIA, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TINYMEDIA TO USE THE INFORMATION, GOODS OR SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE THE INFORMATION, GOODS OR SERVICE AGAIN). IN ALL CASES, TINYMEDIA, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

All information contained on this web site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS WEB SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED OR REFERENCED ON THIS WEB SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS PRIOR TO BEGINNING ANY SUPPLEMENT PROGRAM OR IF YOU HAVE HEALTH CONCERNS OR ISSUES. Any links on this web site to web sites operated by third parties are provided for your convenience only. We are not responsible for the content and performance of these web sites or for your transactions with them and our inclusion of links to such websites does not imply any endorsement of the material on such web sites.

The statements  on our websites and products have not been evaluated by the FDA.  Our products are not intended to diagnose, treat, cure or prevent any disease. Information on this website or our other websites are provided for informational purposes only. It is not meant to substitute for medical advice from your physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. Carefully read all product documentation. If you have or suspect that you have a medical problem, promptly contact your doctor and any other regular health care providers.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in our services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our services or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.  We undertake no obligation to update, amend or clarify information in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or on any related website, should be taken to indicate that all information in the services or on any related website has been updated or modified.

Certain products or services may be available exclusively online through TinyMedia websites. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services, products, or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, goods, or other material purchased or obtained by you will meet your expectations, or that any errors in services or products will be corrected. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Submissions

We appreciate hearing from our customers. By submitting creative ideas, inventions, suggestions or materials (your “submission”) you grant TinyMedia a royalty-free, perpetual and irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you. You also represent and warrant that you are authorized to grant the foregoing license and you shall indemnify and hold harmless TinyMedia from and against any claims from or by any third party alleging infringement of said third party’s rights. You may contact us with any questions you may have regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. We absolutely not provide medical advice, and encourage you to contact your doctor and any other regular health care providers if you feel that you require medical advice or treatment.

Indemnification

You agree to indemnify, defend and hold harmless TinyMedia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using this website.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Utah.  Use of the TinyMedia website and purchases of products from TinyMedia shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and TinyMedia shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah, United States of America.

Changes and Applicable Law

We reserve the right to make changes to our web site and the policies and conditions that govern the use of our web site at any time. Prices for our products or services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services. We encourage you to review the web site and these terms periodically for any updates or changes. Your continued access or use of our web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

Contact Us

Thank you for your cooperation. We hope you find this web site helpful and convenient to use. Questions or comments regarding this web site should be submitted to terms@restlegs.com

© 2018 TinyMedia LLC. All rights reserved.

 Updated: August, 2018