• https://www.regenere.com (our “Website”);
• Any products (“Products”) available for purchase through our Website; and
  
• The services (“Services”) made available through our Website.
  

The Website and any Services are collectively referred to as our “Platform.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Notice. If you do not agree to be bound by these Terms of Use and our Privacy Notice, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS PLATFORM.

Binding Arbitration. These Terms of Use provide that all disputes between you and Regenere that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Regenere.

1. Ownership of the Platform

All pages, features and content within this Platform and any material made available for download are the property of Regenere, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Regenere. You shall comply with all proprietary notices contained in any Content accessed via the Platform. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) providing archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Regenere without our express written consent.

2. Access to the Platform, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

Violations of system or network security may result in civil or criminal liability. Regenere will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and
password as provided to you by Regenere. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to
the Platform may be revoked by Regenere at any time with or without cause. You agree to defend, indemnify and hold Regenere harmless from and against all third party claims, damages
and expenses (including reasonable attorneys’ fees) against or incurred by Regenere arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

3. Account Set-Up and User Information

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Regenere has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Regenere may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

4. No Users Under 18 Years Old.

In order to access the Platform, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us.

5. Online Services Associated with the Platform

The Platform may be used to access certain online services. In some cases, you will not receive a separate notice when the Platform connects to those services. Using the Platform constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

6. Location-Enabled Features.

Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time to time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

7. Support for Platform; Functionality

All questions and requests for support related to the Platform must be directed to Regenere.
We may change or remove functionality and other features of the Platform at any time, without
notice.

8. Accuracy and Integrity of Information

Although Regenere attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Regenere so that it can be corrected. Regenere reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Regenere will have no responsibility or liability for information or Content posted to the Platform from any non-Regenere affiliated third party.

9. Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for Product or Service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

10. Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

11. Quantity Limits and Dealer Sales

Regenere reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Regenere and its Services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Regenere also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Regenere for the purpose of engaging in a commercial sale of that same product(s) with a third party.

12. Online Payments

You can purchase Products and/or Services on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Regenere may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

13. Links to Other Sites

Regenere makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Regenere website, please understand that it is independent from Regenere, and that Regenere has no control over the content on that website. In addition, a link to a non-Regenere website does not mean that Regenere endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.

14. User Contributions, Reviews, Feedback and other Postings to the Platform

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Contributions”), you agree not to provide any User Contributions that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Regenere that you have the legal right and authorization to provide all User Contributions to Regenere for the purposes and Regenere’s use as set forth herein. Regenere has a royalty-free, irrevocable, transferable right and license to use the User contributions in whatever manner Regenere desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Contributions and/or incorporate such User Contributions into any form, medium or technology throughout the world. Regenere is and shall be under no obligation (1) to maintain any User Contributions in confidence; (2) to pay to you any compensation for any User Contributions; or (3) to respond to any User Contributions.

Regenere does not regularly review posted User Contributions, but does reserve the right (but not the obligation) to monitor and edit or remove any User Contributions submitted to the Platform. You grant Regenere the right to use the name that you submit in connection with any User Contributions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Contributions. You are and shall remain solely responsible for the content of any User Contributions you make. Regenere and its affiliates take no responsibility and assume no liability for any User Contributions submitted by you or any third party.

You agree to defend, indemnify and hold Regenere harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Regenere arising out of any User Contributions you post or allow to be posted to the Platform.

15. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Regenere respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Regenere’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
   "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
   Deliver this Notice, with all items completed, to our Copyright Agent:
   [Copyright Agent Name]
   [Copyright Agent Address]
   [Copyright Agent Phone]
   [Copyright Agent Email]
   

16. Disclaimer of Warranties

REGENERE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. REGENERE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. REGENERE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY REGENERE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

17. Limitation of Liability Regarding Use of the Platform

REGENERE AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF REGENERE TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

18. External Services

The Platform may enable access to Regenere’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Regenere is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, is for general informational purposes only and is not guaranteed by Regenere or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Regenere or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Regenere is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Regenere reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

19. Governing Law and Jurisdiction.

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

In the event of any dispute or claim involving intellectual property, or in the event the arbitration described in Section 20 is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in Santa Clara County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Dispute Resolution; Arbitration Agreement

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE PLATFORM, YOU AND REGENERE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND REGENERE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You and Regenere agree that all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of our Platform, or your and Regenere’s dealings with one another in connection with our Platform, shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this section. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms of Use, the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor Regenere will be able to have a court or jury trial or participate in a class action or class arbitration. You and Regenere each further understand and agree that by agreeing to resolve any dispute through individual arbitration:

YOU AND REGENERE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF OUR PLATFORM, OR YOUR AND REGENERE’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH OUR PLATFORM MUST BE COMMENCED IN ARBITRATION WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and Regenere agree that all challenges to the validity and applicability of the arbitration provision (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator. Notwithstanding any provision in these Terms of Use to the contrary, if the class action waiver above is deemed invalid or unenforceable, neither you nor Regenere will be entitled to arbitration. If the arbitration provision in this section is found unenforceable or to be not applicable for a given dispute, then the proceeding must be brought exclusively in the state and federal courts of competent jurisdiction located in Santa Clara County, California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms of Use. This arbitration provision will survive termination of your use of our Platform. This arbitration provision involves interstate commerce and, therefore, shall be governed by the FAA, and not by state law. Information on JAMS, how to start arbitration, and a description of the arbitration process can be found at www.jamsadr.com.

If you wish to opt-out of the agreement to arbitrate, within thirty (30) days after you first use our Platform or submit through our Platform a request for information, you must provide your individual, personally signed notice of your intention to opt out to Regenere by email at hello@regenere.com.

If you opt out of the arbitration provision, you agree to litigate exclusively in the state or federal courts of competent jurisdiction located in Santa Clara County, California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms of Use.

21. Revisions; General

Regenere reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Regenere and you pertaining to the subject matter hereof. In its sole discretion, Regenere may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

22. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform.

How to Contact Us:

Regenere
3521 Leonard Court
Santa Clara, California 95054
Telephone: 866-364-0963
Email: hello@regenere.com