Restore Hyper Wellness® Terms of Use
Last Updated: October 1, 2026
Thank you for visiting this website (the “Site”). Austin Cryo Ventures, LLC and its subsidiaries, including, Restore Franchising, LLC, operating under any Restore Hyper Wellness brand(s) (“Restore,” “we,” “our,” or “us”) provide the Site and related products, services, mobile versions, software embedded or intended to be embedded on a website (“Widgets”), and applications created by Restore (“Apps”, and collectively, the “Service”) subject to these Terms of Use (the “Terms”). Please read these Terms carefully. By accessing or using the Service, you accept and agree to be bound by these Terms without modification. If you do not agree, do not access or use the Service. Restore may refuse service, suspend or terminate an account or membership, or cancel an order if you violate these Terms or another policy posted on the Site. All rights that are not expressly granted to you in these Terms are expressly reserved.
OUR TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF ANY SITE WILL BE RESOLVED. THE “ARBITRATION & CLASS ACTION WAIVER” SECTION REQUIRES, WITH LIMITED EXCEPTION AND SUBJECT TO APPLICABLE LAW, THAT YOU AND RESTORE SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT BEFORE A JUDGE OR JURY. THAT SECTION ALSO CONTAINS A WAIVER OF CLASS ACTION WHICH STATES THAT, SUBJECT TO APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. PLEASE REVIEW THAT SECTION CAREFULLY.
Description of the Site
The Site provides access to Restore’s services only as offered through the Site. Site content, including videos, text, graphics, images, information supplied by third-party content providers, sponsors, suppliers, and licensors (collectively, “Providers”), and other materials, is provided for informational purposes only. It is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment. Consult a physician or other qualified health care provider before beginning any diet, nutrition, supplement, fitness, or exercise program and regarding any medical condition or other matter affecting your health or well-being.
Convenience and Information
The content and information posted by us on any Site may be used only for informational, personal, or other purposes authorized by us. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, information on the Sites may occasionally be inaccurate, incomplete, or out-of-date. By merely providing you access to and use of the Sites, we do not warrant or represent that: (i) any statement, document, image, graphic, logo, design, tool, advice, audio, video, software, data, or any other information or other content provided from or viewable on, contained in or downloadable from the Sites (collectively, the "Content") is accurate or complete; (ii) that the Content is up-to-date or current; (iii) that we have any obligation to update any Content; (iv) that the Content is free from technical inaccuracies or programming or typographical errors; (v) that the Content is free from changes made by a third party; (vi) that your access to the Sites will be free from interruptions, errors, computer viruses or other harmful components; and/or (vii) that any information obtained in response to comments or questions asked through the Sites is or will be accurate or complete.
Consent for Disclosures
Restore uses service providers to host, administer, update, and otherwise support the Site and the services offered through it. Automated technologies may collect and transfer information concerning your visit and use of the Site, including navigation data, search terms, and video-viewing data, to those service providers. You agree to the collection of data by our third party service providers, as well as our disclosure of data to such providers.
Electronic Signatures
By using the Service, you consent to conduct transactions electronically. Your electronic signature, including your use of a keypad, mouse, or other device to select an item, button, icon, or similar action, has the same legal effect as your handwritten signature. No certification authority or other third-party verification is required to validate or enforce your electronic signature.
Communications Consent
Restore provides appointment reminders, appointment confirmations, service notifications, wellness and treatment information, and promotional offers to clients who have opted in to receive messages from Restore.
By providing your telephone number or email address, you expressly consent in writing to receive calls and messages from Restore and its affiliates, agents, and service providers regarding your relationship with us. In accordance with applicable law, Restore will only send messages to those who have provided explicit consent when required. Mobile telephone numbers and SMS opt-in and consent data are not otherwise shared with affiliates, joint-marketing partners, or other third parties for their own marketing or promotional purposes.
These communications may be made using an automatic telephone dialing system, prerecorded or artificial voice, SMS, MMS, text message, fax, email, or similar means, even if your number appears on a state or federal Do Not Call list. Standard message, voice, and data rates may apply for any messages sent to you from us and to us from you, and Restore is not responsible for those charges. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Consent is not a condition of purchasing any good or service.
You can cancel the SMS service at any time. Just reply "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at contact@restore.com. When you visit the Site or send email to Restore, you communicate electronically and consent to receive electronic communications, including legal notices, by email, through the Site, or by another method identified in a Restore policy or notice posted on the Site. You agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that they be in writing.
Carriers are not liable for delayed or undelivered messages.
AI Chatbot and Automated Tools
The Service may make available an artificial intelligence (“AI”) chatbot or similar automated tools for your convenience. Your use of any such tool is optional, and you are not required to use it. The chatbot is provided for general convenience and informational purposes only; it does not provide medical, health, fitness, or other professional advice and is not a substitute for consultation with a qualified professional. By submitting questions or other inputs to the chatbot, you acknowledge and agree that: (a) your inputs and the resulting outputs may be recorded, stored, and used by Restore and its service providers to operate, monitor, evaluate, and improve its systems, the Site, and the Service, including for internal research, analytics, and AI and machine-learning training; (b) once submitted, your inputs may not be capable of being deleted from the system; and (c) responses are generated by an automated system based on information available to it and may be inaccurate, incomplete, or out of date. Please do not submit any personal, sensitive, health, or confidential information through the chatbot that you do not want recorded or used as described above. Restore makes no representation or warranty regarding the accuracy or completeness of any information provided through the chatbot, and your use of the chatbot is at your own risk.
Recording, Monitoring, and Tracking
You acknowledge and agree that, to the maximum extent permitted by applicable law, Restore and its service providers may record, monitor, and store communications and interactions between you and Restore, including telephone calls, voicemails, text and chat messages, chatbot sessions, and other electronic communications, for purposes including quality assurance, training, recordkeeping, security, dispute resolution, and compliance with applicable law. Where a call or session may be recorded or monitored, we may provide notice at the outset, and your continued participation constitutes your consent to such recording and monitoring. You further acknowledge and consent that the Site and Service may use cookies, pixels, session-replay, and other tracking, logging, and analytics technologies that record your interactions with the Site and Service, including pages viewed, clicks, keystrokes, mouse movements, navigation data, and search terms, and that this information may be collected by Restore and shared with our service providers as described in these Terms and in Restore’s Privacy Policy. If you do not consent to being recorded, monitored, or tracked, you should not use the applicable feature of the Service and should instead contact Restore through an alternative method. Your use of the Service constitutes your consent to the recording, monitoring, and tracking described in this Section.
Data Analytics, Personalization, and Profiling
You acknowledge and agree that Restore and its service providers may use information collected through your use of the Service, including your inputs, interactions, transaction history, preferences, and other data, together with automated tools, machine learning, and artificial intelligence, to analyze usage, generate insights and inferences, create de-identified and aggregated data, and develop, improve, personalize, and market Restore’s products and services. This may include using such information and tools to build user profiles and to tailor, recommend, and present products, services, offers, and content that Restore believes may be of interest to you. Any aggregated or de-identified data that does not identify you may be used and retained by Restore for any lawful purpose in its sole discretion. To the extent applicable law requires your consent for any such processing, your use of the Service constitutes that consent unless and until you exercise an available opt-out or withdrawal right.
Privacy
You acknowledge and understand that there is no guarantee of privacy with the internet and that online transmissions are never completely secure. You understand that any message or other information you send to or through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You are responsible for protecting the information on your devices, such as by installing anti-virus software, keeping your software updated, and not permitting third-party physical or electronic access to your computer or devices.
Account Security
If you create an account, you must select a username and password. When creating your account, you represent and warrant that the information you provide is accurate and complete in all respects, and you are responsible for updating and maintaining the accuracy of that information. Each account must be associated with an individual email address, and only one login may be used per account; generic or shared email addresses may not be used for accounts unless expressly authorized by Restore. You should choose a strong, secure password and maintain the confidentiality of your credentials and account information. You are responsible for all activity occurring through your account. To maintain control over your account and prevent unauthorized access, you must not reveal your credentials, account information, or any payment-method details associated with your account to anyone, and you may not use another person’s credentials or account or share your credentials or access with another person. You must promptly notify Restore of any actual or suspected unauthorized access to or use of your account or credentials, or any other breach of security related to your use of the Service. Restore is not liable for loss arising from a third party’s misuse of your credentials. Restore may terminate or place a hold on your account in order to protect you, Restore, or its affiliates or partners from identity theft or other fraudulent or criminal activity.
Intellectual Property and Rights to Access Site
Ownership. The Site, its database and data, and all underlying technology and formats are owned by or licensed to Restore and are protected by applicable United States and international patent, copyright, trademark, and other intellectual-property laws. Site materials—including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software—are owned by Restore or its content suppliers. Except as expressly permitted by these Terms, you may not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, create derivative works from, publicly display, frame, link to, or otherwise exploit any portion of the Site without the prior written permission of Restore or the applicable rights holder. All rights not expressly granted are reserved.
License. Subject to these Terms, Restore grants you a limited, nonexclusive, nontransferable, revocable license to access and use the Service and content made available through it for your personal, noncommercial use. You may not use the Service in any manner inconsistent with these Terms. All rights not expressly granted are reserved by Restore.
Trademark Notices. All trademarks, service marks, trade names, and logos contained in the Site are the property of their respective owners. Restore Hyper Wellness and the related logos and other marks indicated on the Site are the exclusive property and trademarks of Restore, which reserves all rights, including all rights applicable under U.S. and international trademark laws, including without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act § 43). All other trademarks not owned by Restore that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Restore.
Links to Third Party Sites
The Site may provide links to third-party websites (“Linked Sites”) or access to third-party content, products, or services. Restore does not control and is not responsible for any Linked Site or third-party offering, including its content, links, transmissions, changes, or updates. Links are provided solely for convenience and do not imply endorsement, affiliation, or association. You assume all risks arising from access to or use of Linked Sites and third-party content, products, and services.
Transactions
If you wish to make a transaction through the Service (such as purchasing a membership, subscription, product, or service), you may be asked to supply certain information, such as your name, credit card number and expiration date, billing address, CVV, and shipping information (as applicable, your “Payment Information”). You represent and warrant that you have the right to use any credit card or other Payment Information you submit, and you grant Restore the right to provide that information to third-party processors to facilitate the transaction. Information you provide may need to be verified before a transaction is acknowledged or completed, but a failure to verify will not invalidate any transaction.
Restore may, in its sole discretion, without prior notice, and subject to applicable law: (i) limit the available quantity of or discontinue any product, service, membership, or subscription; (ii) impose conditions on any coupon, discount, or promotion; or (iii) bar any user from making a transaction or refuse to provide any product, service, membership, or subscription. Cancellations, refunds, and exchanges are subject to Restore’s applicable policies in effect from time to time, including those set forth in these Terms and any other terms made available to you.
Restore uses independent third-party service providers to process payments; Restore does not process payments itself but transfers you to a secure network provided by its payment processor. These processors may have privacy and data-collection practices that differ from Restore’s, and Restore has no responsibility or liability for those independent policies. Payment card information is hosted within the payment processor’s secured network and accessed only via a token stored outside the Service, meaning Restore’s systems do not see or access payment card information and are not in PCI-DSS scope.
You agree that your purchase of any subscription, membership, product, or service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written statements made by Restore or its representatives regarding future functionality or features.
No Unlawful or Prohibited Use
You represent and warrant that you will not use the Site to: (a) defame, degrade, harass, or personally attack another person; (b) invade another person’s privacy or collect, copy, or transmit confidential, sensitive, or personal information without authorization; (c) promote hatred or harm against any group or individual; (d) transmit unlawful or obscene material; (e) violate or encourage violation of another person’s rights, including intellectual-property rights; (f) violate applicable law; (g) solicit funds or advertise goods or services without authorization; (h) introduce viruses, Trojan horses, or other harmful code; (i) damage, disable, overburden, impair, or interfere with the Site or another user’s use of it; (j) obtain or attempt to obtain materials or information through means not intentionally made available through the Site; or (k) otherwise violate these Terms. Restore may report suspected unlawful conduct to appropriate authorities and exercise any remedy available under applicable law.
Changes to Site
Restore may modify, suspend, or discontinue all or any part of the Site at any time, with or without notice.
Disclaimer
THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, RESTORE DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE TO COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
Unless expressly stated, Restore does not endorse, recommend, sponsor, or affiliate itself with any person or entity identified or linked on the Site. Listing a person or entity does not constitute a medical referral. You are responsible for independently evaluating medical professionals and health information.
Limitation of Liability
YOU UNDERSTAND THAT IN NO EVENT WILL RESTORE OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, BREACH OF STATUTORY DUTY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD). IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
Indemnification
We shall defend you against any claim, demand, suit, or proceeding (“Claim”) made or brought against you by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify you for any damages finally awarded against, and for reasonable attorney's fees incurred by, you in connection with any such Claim; provided, that you (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at Our expense.
You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of this Agreement, or the data or information you submit through the Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at our expense.
This Section (Mutual Indemnification) states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of Claim described in this Section.
Security
We have implemented commercially reasonable administrative, procedural, and technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Measures will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. However, due to the nature of the Internet and related technology, We cannot absolutely guarantee the security of Personal Information, and Restore expressly disclaims any such obligation. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues.
You acknowledge, consent, and agree that Restore may access, preserve, and disclose your account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) respond to your requests for customer service. Under no other circumstances will Restore intentionally disclose your account information to any third party.
Termination/Access Restriction
Termination. Restore may, in its sole discretion and without notice, suspend, terminate, or restrict your access to all or any portion of the Site or related services.
Governing Law; Venue; Miscellaneous. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Subject to the Arbitration and Class Action Waiver below, you consent to exclusive venue in Austin, Texas, for any dispute arising out of or relating to the Site or these Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to these Terms. No joint venture, partnership, employment, or agency relationship arises from these Terms or your use of the Site. Restore may comply with governmental, court, and law-enforcement requests or requirements relating to the Site or information provided to or collected by Restore. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in effect. These Terms constitute the entire agreement between you and Restore concerning the Site and supersede all prior or contemporaneous communications and proposals concerning the Site. A printed copy of these Terms or an electronic notice is admissible in judicial or administrative proceedings to the same extent as other records originally created and maintained in printed form.
Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND RESTORE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND RESTORE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
You and Restore mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any disputes that arise between you and Restore, its related and affiliated companies, and/or any current or former employee, officer, or director of Restore or any related or affiliated company as it relates to your use of the Site and these Terms of Use. You and Restore agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms of Use terminate. Any revision to or termination of the Terms of Use that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party. You and Restore agree that the arbitration shall be administered by American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.
The parties agree that the applicable AAA rules are modified as follows:
- Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas state law.
- No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
- All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
- The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the dispute(s).
- Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
- The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
- The Federal Rules of Evidence shall apply to all arbitration proceedings.
- The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
- The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
- The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
- You will pay the first $250, and Restore will pay all other filing, administrative, or hearing fees. If Restore initiates arbitration, Restore will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.
Except as otherwise required under applicable law, you and Restore agree to arbitrate any disputes only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”).
No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms of Use may: (i) without the consent of all parties, combine more than one individual's claim or claims into a single case; (ii) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding.
To the extent permitted by applicable law, if an arbitration involving substantially the same facts and legal theories has already been initiated against Restore, you may not commence a duplicative arbitration or be bound by an award entered in a proceeding to which you were not a party. Nothing in this paragraph limits any right that cannot lawfully be waived.
Minors
While we may provide services to minors, such services are only provided at the direction and consent of such minor’s parent or legal guardian.
Waiver and Severability
Restore’s failure to exercise or enforce any right or provision of these Terms does not waive that right or provision. If a court or arbitrator finds any provision unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
Contact Information
If you have any questions regarding these Terms of Use, please contact us at legal@restore.com or:
Restore Hyper Wellness
13740 North Highway 183
Suite L2, PMB 518
Austin, TX 78750-1835
Attn: Legal Department