1. Acceptance of Terms & Conditions
The following is an agreement (“Agreement”) between you and Treatmo, Inc., a New York Corporation and/or its affiliates (collectively, and individually, “Treatmo”). By (i) accessing, browsing, subscribing to, and using the Treatmo website, any software application downloaded or accessed from the Treatmo website, or any mobile application provided by Treatmo (collectively, and individually, the “Treatmo Platform”); and (ii) by using services provided by Treatmo on the Treatmo Platform now existing or later developed in connection with any of the foregoing (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Treatmo Platform or any of the Services.
From time to time, we may modify this Agreement and post those modifications to the applicable Treatmo Platform. Your use of any Services after any such modification constitutes your acceptance of the modified Agreement.
The material provided through our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The Services are controlled and operated by Treatmo from its offices within the United States. Treatmo makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Treatmo, in its purest form, permits you to place an 'Order' for goods, including but not limited to food and drinks, from a proprietor (a “Merchant”). You agree, understand, and acknowledge that an Order may from time to time be an alcoholic beverages, and such Order can only be purchased and delivered to persons who are at least twenty-one (21) years old. By placing an Order for any product that is an alcoholic beverage, you represent to Treatmo and to the Merchant: (a) that you are purchasing the product for personal use and not for resale; (b) that you are at least 21 years old; (c) that should you be sending the product as a 'Treat To A Friend' or 'Gift' you have no actual knowledge that the person to whom the product will be delivered is not at least 21 years old; and (d) that you have no actual knowledge that the person receiving the product will not provide valid identification proving that he or she is at least 21 years of age.
2. Ownership and Proprietary Information
The content and information on the Treatmo Platform (“Treatmo Content”) is proprietary to Treatmo or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, and individually, “Treatmo Content Providers”). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Treatmo Content obtained from or through the Treatmo Platform.
Subject to your compliance with this Agreement, as applicable, Treatmo Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Treatmo Content. This license does not include any resale or commercial use of any Treatmo Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Treatmo Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Treatmo Content Providers.
3. Registration, Accounts, and Passwords
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. Treatmo cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the Treatmo Platform. Access and use of password-protected and/or secure areas of the Treatmo Platform or other Service is restricted to users who have been given a valid password by Treatmo. We may terminate your membership and access to our Treatmo Platform and Service if we learn that you have provided us with false or misleading registration data.
4. Mobile Terms
If you have opted in to receive special offers from Treatmo via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at [Oscar@treatmo.com, dial-in, or text instructions regarding opting out].
By opting in to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.
6. One-Time Purchases
Products are purchasable and billed on a one-time basis terms of which will be presented to you at the time of purchase.
7. Special Promotions
From time to time Treatmo or Treatmo Merchants may offer special promotions, contests and/or sweepstakes to provide users with incentives to place an order using the Treatmo Platform. The applicable rules for such special promotional activities will be posted on the Treatmo website.
8. Additional Terms and Conditions Affecting Purchases
Treatmo Merchants operate stores, provide services, or sell product lines through the Treatmo Platform. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Treatmo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
All purchases made on the Treatmo Platform may be subject to additional terms and conditions of the Merchant. By making a purchase, you acknowledge and agree to such terms and conditions.
All conditions associated with the lawful sale and service of products by the Merchant are the responsibility of the Merchant, and may be subject to additional regulatory conditions and restrictions including but not limited to age verification requirements and restrictions associated with the delivery of alcoholic beverage products to consumers who may appear visibly intoxicated.
9. Items Purchased As A 'Treat To A Friend' Are Nontransferable
When you purchase an item for a individual or individual(s) other than yourself, defined herein as a 'Treat To A Friend' or 'Gift', only you or the named recipient has the right to receive the Gift. You cannot transfer the right to receive the Gift to anyone else.
10. Refunds or Exchanges on Items and Items Sent As Gifts
If you make and complete a purchase on the Treatmo Platform and are dissatisfied with the items received, you agree to contact the Merchant to present your concerns for full or partial refund evaluation. Each Merchant adheres to its own terms and conditions, including refund policy, defined by them which can be found on their website (please also refer to 8.). For issues regarding payment error or other concerns related to issues that occurred in the app at checkout, contact the Treatmo Platform.
If you make and complete a purchase for someone other than yourself, defined as a 'Treat To A Friend' or 'Gift', the Gift must be presented to the Merchant for refund assessment. Treatmo advises that prior to placing an order for a Gift, you carefully review your selection. Once you have purchased a Gift, you agree to not dispute or otherwise seek a “chargeback” from the credit card or other payment method you used. If you have a question about a charge, you agree to contact the Merchant or Treatmo Platform. If you deliberately or inadvertently issue a charge back to the credit card or other payment method you have on file, your account may be terminated and you agree to pay a $50 processing and collection fee to cover our costs for processing each charge back. Failure to pay such fees and amounts owed for Gifts purchased may result in your account being turned over to a collection agency. Past-due balances may be subject to a finance charge of 2% per month or the highest amount permitted by applicable law, whichever is lower. If your account is past due, you agree to pay all related collection costs including, but not limited to, court costs, attorneys’ fees, collection agency fees and other administrative costs.
11. Use Restrictions and Intellectual Property
The Treatmo Platform may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any Treatmo Content contained on the Treatmo Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on the Treatmo Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Treatmo for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
The Treatmo Platform may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Treatmo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Treatmo without express written consent. You may not use any meta tags or any other “hidden text” utilizing Treatmo’s name or trademarks without the express written consent of Treatmo. You may not misuse the Treatmo Platform. You may use the Treatmo Platform only as permitted by law. The licenses granted herein terminate if you do not comply with this Agreement.
12. U.S. Government Restricted Rights
The materials on the Treatmo Platform are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Treatmo’s proprietary rights in them.
Information on the Treatmo Platform may be changed or updated without notice. Treatmo may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information that Treatmo publishes on the Treatmo Platform may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Treatmo intends to announce such products, programs or services in your country. Consult Treatmo for information regarding the products, programs and services which may be available to you.
15. Information “AS IS”
INFORMATION ON THE TREATMO PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY TREATMO ON AN “AS IS” BASIS ONLY. TREATMO PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. USE OF THE SERVICES IS SOLELY AT YOUR RISK.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TREATMO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OFFERED ON THE TREATMO PLATFORM, EVEN IF TREATMO OR A TREATMO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TREATMO EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO TREATMO, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM. 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.
17. governing law and dispute resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of New York (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in New York, New York and the parties irrevocably waive any objection to such venue.
19. End User Communications
Treatmo, at any time now or in the future, may allow you and other end users to use the Treatmo Platform to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through the Treatmo Platform from time to time (collectively “Communities”). In the event of the existence of such Communities, Treatmo shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Treatmo, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Treatmo shall also have the right, but not the obligation, to remove any material from the Communities that Treatmo, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Treatmo.
By posting any materials or other information on or through the Communities, you grant Treatmo a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
The Treatmo Platform may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.
20. Children’s Online Privacy Protection Act Notification
Treatmo Services are not designed or intended for use by children under 13. If you are under 18, you should use the Services only with involvement of a parent or guardian.
In its sole and absolute discretion, with or without notice to you, Treatmo may suspend or terminate your use of and access to the Treatmo Platform or other Service, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Treatmo Platform or other Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Treatmo Platform or Service with identical user identification, (ii) permitting another person or entity to use your user identification to access the Treatmo Platform or Service, (iii) any unauthorized access or use of the Treatmo Platform or Service, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Treatmo Platform or Service, or (vi) failure to use the Treatmo Platform or Service on a regular basis. You may terminate your account for any reason by emailing Treatmo at [Oscar@treatmo.com]. Treatmo shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service. Termination, suspension, or cancellation of the Service or your access rights shall not affect any right or relief to which Treatmo may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Treatmo.
22. Revisions to this Agreement
Treatmo may at any time revise this Agreement by updating this posting. By using the Treatmo Platform, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
23. Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available to the Treatmo Platform by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Treatmo Platform. If you believe any materials on the Treatmo Platform infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Treatmo Platform are covered by a single notification, a representative list of such works at that Treatmo Platform;
iii. 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 us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.