Terms of service
IMPORTANT — PLEASE READ CAREFULLY
THESE TERMS OF USE AND CONDITIONS OF SERVICE ("TERMS" OR "AGREEMENT") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HYPENEST LLC. BY ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
THESE TERMS CONTAIN: (1) DISCLAIMERS OF WARRANTIES (Section 16); (2) LIMITATIONS OF LIABILITY (Section 17); (3) MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER (Section 18); AND (4) INDEMNIFICATION OBLIGATIONS (Section 19). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 18. PLEASE REVIEW SECTION 18 CAREFULLY.
PRODUCT SAFETY DISCLOSURE
IT IS ESSENTIAL FOR ALL USERS TO PRIORITIZE PERSONAL SAFETY AND ALWAYS FOLLOW THE INSTRUCTIONS PROVIDED WHEN USING HYPENEST PRODUCTS. HYPENEST LLC SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INJURIES, OR LOSSES RESULTING FROM MISUSE OF ANY PRODUCT. USERS ASSUME FULL RESPONSIBILITY FOR THEIR SAFETY AND THE OUTCOMES OF ANY SITUATIONS IN WHICH OUR PRODUCTS ARE USED. BY USING ANY HYPENEST PRODUCT, YOU ACKNOWLEDGE AND ASSUME THE INHERENT RISKS AS DESCRIBED IN THE APPLICABLE USER MANUALS AND PRODUCT DOCUMENTATION. SEE SECTIONS 16 AND 17 FOR ADDITIONAL LIMITATIONS OF LIABILITY.
Your use of rejuvacare.store, including any sub-domains, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by HYPENEST LLC ("HypeNest," "we," "our," "us"), are governed by the terms set forth below. We offer the Website, including all information, tools, products, and services available from the Website, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
You can review the most current version of these Terms at any time at https://www.rejuvacare.store/policies/terms-of-service. We reserve the right to update, change, or replace any part of these Terms by posting updates to our Website. It is your responsibility to check this page periodically. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
Table of Contents
Website Use & Eligibility | 2. Privacy & Security | 3. General Conditions & User Conduct | 4. Products for Personal Use Only | 5. No Medical Advice; Accuracy of Information | 6. Modifications to Website & Prices | 7. Payment | 8. Order Placement & Acceptance | 9. Subscriptions, Automatic Payment & Cancellation | 10. Shipping | 11. Delivery Confirmation | 12. Returns & Refunds | 13. Chargebacks & Payment Disputes | 14. Social Media | 15. Intellectual Property | 16. Disclaimer of Warranties | 17. Limitation of Liability | 18. Dispute Resolution: Mandatory Arbitration & Class Action Waiver | 19. Indemnification | 20. Third-Party Websites & Links | 21. Testimonials, Reviews & Submissions | 22. DMCA Notice | 23. Electronic Communications | 24. SMS Communications | 25. Force Majeure | 26. Assignment | 27. No Waiver | 28. Severability | 29. Termination & Survival | 30. Entire Agreement | 31. Governing Law | 32. Contact Information
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Website Use & Eligibility
By using the Website and agreeing to these Terms, you represent and warrant that: (a) you are at least the age of majority in your state, province, or country of residence; (b) you have the legal capacity to enter into a binding contract; (c) you have read, understood, and agree to be bound by these Terms; and (d) all information you provide to us is accurate, current, and complete.
If you are using the Website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not use the Website.
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Privacy & Security
Our Privacy Policy, available at https://www.rejuvacare.store/policies/privacy-policy, describes how we collect, use, disclose, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference and constitutes a binding part of this Agreement. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
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General Conditions & User Conduct
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit or attempt to commit any of the following prohibited acts:
Hacking, penetration testing, or other digital or physical attacks on the Website or its infrastructure.
Publishing, uploading, or transmitting abusive, vulgar, obscene, threatening, or defamatory material.
Soliciting others to perform or participate in any unlawful acts.
Violating any applicable international, federal, state, provincial, or local laws, regulations, or ordinances.
Infringing upon or violating our intellectual property rights or the intellectual property rights of any third party.
Harassing, abusing, discriminating against, or intimidating any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic.
Submitting false, misleading, or fraudulent information, including during account registration, checkout, or any other interaction with the Website.
Uploading or transmitting viruses, malware, ransomware, or any other malicious code that could affect the functionality or operation of the Website.
Collecting, harvesting, or tracking the personal information of other users.
Interfering with, circumventing, or attempting to bypass the security features of the Website.
Using automated systems (bots, scrapers, crawlers) to access or interact with the Website without our prior written consent.
Any other unlawful or unauthorized act.
HypeNest reserves the right, at its sole discretion and without prior notice, to terminate or suspend your access to the Website and any of its services if it determines that you: (a) have violated any provision of these Terms; (b) have provided false, inaccurate, or incomplete information; (c) have engaged in conduct that harms or could harm HypeNest's rights, interests, reputation, or property; or (d) for any other reason, including no reason at all. HypeNest may pursue any additional legal remedies available under applicable law.
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Products for Personal Use Only
All products and services purchased from HypeNest are for your personal, non-commercial use only. You agree that you will not resell, redistribute, modify, reverse-engineer, export, or commercially exploit any product purchased from the Website. Resale of our products outside authorized channels may compromise product safety, efficacy, and integrity, and will void any applicable warranties, guarantees, or return privileges.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or any party purchasing for commercial purposes. We may limit quantities, cancel orders, and restrict purchases to any person, geographic region, or jurisdiction at our discretion.
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No Medical Advice; Accuracy of Information
The material on the Website is provided for general informational and educational purposes only. It is not intended as medical advice, diagnosis, or treatment, and is not a substitute for consultation with a qualified healthcare provider. The statements made on this Website have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
You should consult your healthcare provider before using any HypeNest product, particularly if you have a pre-existing medical condition, are pregnant or nursing, or are taking medication. HypeNest does not guarantee that you will achieve any specific health or wellness results. Individual results may vary based on factors including age, health, genetics, consistency of use, and lifestyle.
While we endeavor to provide accurate and current information, there may be typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.
We have made every effort to display product colors and images accurately. We cannot guarantee that your device's display will render colors accurately. Historical information on the Website is provided for reference only. We have no obligation to update any information on our Website.
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Modifications to Website & Prices
We reserve the right to modify, suspend, or discontinue access to the Website (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
Certain products or services may be available exclusively online. These may have limited quantities and are subject to our Shipping Policy, Cancellation & Refund Policy, 90-Day Money-Back Guarantee, and Payment Policy, which are incorporated into these Terms by reference.
All product descriptions, pricing, and offers are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited by law.
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Payment
All charges are processed in United States Dollars (USD). By submitting payment information, you represent and agree that: (a) you are fully authorized to use the payment method; (b) all payment information provided is complete and accurate; (c) you are responsible for any payment card fees, foreign transaction fees, or other charges imposed by your financial institution; and (d) sufficient funds exist to pay the amount(s) due.
We and our third-party payment processors may request and receive updated credit card information from your card issuer (such as updated card numbers or expiration dates). If such updated information is provided, we will update your payment records accordingly. You may opt out of automatic card updates by contacting your card issuer.
We are not responsible for any fees or charges imposed by your bank or credit card issuer. If your bank or credit card issuer reverses a charge, we may bill you directly by any lawful means, including mailed statement, email invoice, or collection proceedings. For complete payment terms, see our Payment Policy.
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Order Placement & Acceptance
Your electronic order confirmation does not constitute acceptance of your order. We reserve the right to accept, deny, limit, or cancel any order for any reason, including but not limited to: product availability issues, pricing errors, suspected fraud, excessive order quantities, or any other reason at our sole discretion. If we cancel your order, a full refund will be issued to your original payment method with no fee applied.
You understand and agree that we shall not be liable for any losses, damages, or costs arising from our refusal to process, fulfill, or ship any order. We reserve the right to require additional verification or information before processing any order.
8.1 Order Cancellation by Customer
Customers may request cancellation of an order within three (3) hours of the original order being placed. Cancellation requests must be submitted via email at support@rejuvacare.store or by phone at +1 406-316-6240. Because our email support operates 24 hours a day, 7 days a week, the 3-hour cancellation window applies uniformly to all orders regardless of the time or day they are placed. Orders cancelled within this window will receive a full refund with no fee applied. Once an order has entered fulfillment processing or has been shipped, it cannot be cancelled. Complete cancellation terms are governed by our Cancellation & Refund Policy, incorporated into these Terms by reference.
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Subscriptions, Automatic Payment & Cancellation
9.1 Existing Subscriptions Only
No New Enrollments As of 05/01/2026, HypeNest no longer offers, sells, or accepts enrollment in any subscription plan, recurring shipment program, or membership program. New subscriptions cannot be created through the Website or any other channel. This Section 9 applies solely to customers who held an active subscription enrolled before 05/01/2026 ("Existing Subscribers"). For Existing Subscribers, the recurring shipment and billing terms in effect at the time of original enrollment continue to apply until cancelled, subject to the terms below. Nothing on the Website is an offer to enroll in a new subscription.
9.2 Billing & Charges (Existing Subscribers)
For Existing Subscribers, the recurring charge is the amount confirmed at the time of original enrollment, plus applicable taxes and shipping. Prices may change for future billing cycles with at least fourteen (14) days' advance notice via email. Continued participation after a price-change notice constitutes acceptance. To seek a refund for a subscription charge, refer to our Cancellation & Refund Policy and 90-Day Return Policy for eligibility. If subscription billing terms conflict with those policies, the more specific provision controls.
9.3 Cancellation
You may cancel your subscription at any time by: (a) logging into your account; (b) completing the online cancellation form; (c) emailing support@rejuvacare.store; or (d) calling +1 406-316-6240. Cancellation must be received at least 24 hours before your next scheduled charge. Cancellation of a subscription does not entitle you to a refund of charges already processed, except where eligible under our Cancellation & Refund Policy or 90-Day Money-Back Guarantee.
9.4 Failed Payments & Collections
If your payment method fails for a subscription charge, we may retry up to three (3) times over fifteen (15) calendar days. If payment cannot be collected, the subscription may be suspended or cancelled. You agree that HypeNest may contact you at any phone number or email address you have provided to obtain alternate payment information. If you fail to pay for any product or service received, your account may be referred to a collections agency.
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Shipping
HypeNest ships to addresses in the United States, Canada, Australia, United Kingdom, and Ireland. Delivery times vary by location and may be impacted by factors beyond our control. Please refer to our Shipping Policy for complete terms, including handling times, transit estimates, and carrier information.
You are solely responsible for providing an accurate shipping address and phone number. We are not responsible for late, lost, or undeliverable shipments caused by incorrect address information. If you discover an error after submitting your order, contact us immediately; however, we cannot guarantee modifications to orders already in fulfillment.
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Delivery Confirmation
You agree that any delivery confirmation provided by the shipping carrier's tracking system constitutes sufficient proof of delivery, even without a physical signature. Once a package is marked as delivered by the carrier, HypeNest's obligation to fulfill the order is considered complete. See our Shipping Policy for additional details regarding delivery, risk of loss, and missing package procedures.
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Returns & Refunds
Returns, refunds, and exchanges are governed by our Cancellation & Refund Policy and our 90-Day Money-Back Guarantee, both of which are incorporated into these Terms by reference. Please review those policies for complete eligibility requirements, procedures, deductions, and timeframes.
The following are non-refundable under any circumstances: (a) items marked "final sale" or "non-returnable"; (b) standard and expedited shipping fees; (c) package loss warranty fees; (d) priority order processing fees; (e) gift cards; and (f) orders placed using gift cards.
We are not responsible for items lost or stolen during the return shipping process. We strongly recommend using a tracked and insured shipping method for all returns.
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Chargebacks & Payment Disputes
Customers are strongly encouraged to contact HypeNest directly before initiating a chargeback or payment dispute with their bank, credit card company, or payment provider. Because our email support is available 24 hours a day, 7 days a week, we are committed to resolving concerns promptly through direct communication. Customers must allow a minimum of ten (10) business days for HypeNest to resolve a complaint before seeking external resolution.
Filing a chargeback or payment dispute without first contacting HypeNest and allowing a reasonable resolution period constitutes a violation of this Agreement and may result in forfeiture of rights under our Cancellation & Refund Policy and 90-Day Money-Back Guarantee. In the event a chargeback is filed, HypeNest reserves the right to contest the dispute by providing all relevant transaction records, tracking data, delivery confirmations, and communication logs to the payment processor, and to pursue all lawful remedies available, including suspension of the customer's account and restriction of future purchases.
Nothing in this section is intended to restrict or penalize customers located in the European Union or United Kingdom from exercising their lawful statutory rights to dispute charges through their bank or payment provider in accordance with applicable consumer protection law.
Complete chargeback terms are also addressed in our Cancellation & Refund Policy and 90-Day Money-Back Guarantee, incorporated into these Terms by reference.
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Social Media
This section applies to all interactions with our social media presence on any platform, including but not limited to Facebook, Instagram, YouTube, Pinterest, X (formerly Twitter), LinkedIn, TikTok, and any other third-party social media platforms (collectively, "Social Media Presence").
The platforms hosting our Social Media Presence are not controlled by HypeNest and are governed by their own terms of use and privacy policies. Comments and opinions expressed by users on social media are solely those of the individual users and do not reflect the views or opinions of HypeNest. We have no obligation to monitor, moderate, or remove user-generated content. Offensive or inappropriate content should be reported to the applicable platform operator.
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Intellectual Property
15.1 Ownership
All content associated with the Website, including but not limited to text, graphics, images, photographs, illustrations, logos, icons, audio, video, software, data compilations, layouts, designs, interfaces, and digital downloads (collectively, the "Content"), is owned by or licensed to HypeNest and is protected by U.S. and international intellectual property laws, including copyright, trademark, trade dress, and patent laws. You do not acquire any ownership rights by accessing or using the Website.
15.2 Limited License
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Content for personal, non-commercial purposes only. You may not: (a) copy, reproduce, distribute, publish, display, or transmit any Content; (b) modify, adapt, translate, or create derivative works from any Content; (c) download, stream-capture, store, archive, or mirror any Content; (d) sell, rent, lease, license, sublicense, or commercially exploit any Content; (e) use any automated means to access or index the Content; or (f) build any product, service, or enterprise using the Content. This license may be revoked at any time at HypeNest's sole discretion.
15.3 Trademarks
The trademarks, service marks, trade names, and logos ("Trademarks") displayed on the Website are registered and unregistered Trademarks of HypeNest. Nothing on the Website grants any license or right to use any Trademark without the prior written consent of HypeNest. Unauthorized use of any Trademark may violate trademark, unfair competition, and other applicable laws. HypeNest prohibits the use of any Trademark as a hyperlink to any website without prior written approval.
15.4 Copyright
The copyright in all materials on the Website is owned by HypeNest or its affiliates. Permission is granted to view, copy, print, and download materials for personal, non-commercial, informational use only, provided all copies include the applicable copyright notice. HypeNest may revoke this permission at any time. You may not mirror any Website content without prior written consent. Upon termination of any rights granted herein, you must immediately destroy all downloaded and printed materials.
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Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING: (A) THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE; (B) WHETHER OUR PRODUCTS, SERVICES, OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) WHETHER THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR (D) WHETHER ANY PRODUCT WILL ACHIEVE THE HEALTH, WELLNESS, OR THERAPEUTIC RESULTS DESCRIBED OR IMPLIED ON THE WEBSITE.
ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL HYPENEST, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE PRODUCTS, THE WEBSITE, OR YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT.
THIS INCLUDES, WITHOUT LIMITATION: LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE, AND REGARDLESS OF WHETHER HYPENEST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, HYPENEST IS FOUND LIABLE UNDER ANY THEORY, HYPENEST'S TOTAL AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE GREATER OF: (A) USD $500.00, OR (B) THE TOTAL AMOUNT YOU PAID TO HYPENEST FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.
THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS IN THE AGGREGATE AND SHALL NOT BE CUMULATIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
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Dispute Resolution: Mandatory Binding Arbitration & Class Action Waiver
18.1 Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HYPENEST ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THESE TERMS, HYPENEST'S PRIVACY POLICY, HYPENEST'S ADVERTISING OR MARKETING PRACTICES, OR HYPENEST'S PRODUCTS OR SERVICES SHALL BE RESOLVED BY BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES.
18.2 Governing Rules
This arbitration provision is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16. The arbitrator shall be bound by these Terms, shall have exclusive authority to determine arbitrability, and shall follow applicable substantive law of the State of Wyoming to the extent consistent with the FAA. The arbitrator may award all remedies available in an individual lawsuit, including compensatory, statutory, and punitive damages, declaratory and injunctive relief (including public injunctive relief), and attorneys' fees and costs where permitted by law.
18.3 Class Action Waiver
THE ARBITRATOR MAY ONLY RESOLVE DISPUTES BETWEEN YOU AND HYPENEST INDIVIDUALLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT HYPENEST'S CONSENT AND MAY NOT HEAR CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS.
UNLESS YOU TIMELY OPT OUT, YOU WAIVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE; (B) OBTAIN PRE-HEARING DISCOVERY TO THE SAME EXTENT AS IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR ARBITRATION; (D) ACT AS A PRIVATE ATTORNEY GENERAL; OR (E) JOIN OR CONSOLIDATE YOUR CLAIM WITH ANY OTHER PERSON'S CLAIM.
18.4 HypeNest's Right to Seek Injunctive Relief
Notwithstanding the foregoing, HypeNest retains the right to bring a claim against you in the state or federal courts of Wyoming for injunctive relief, equitable relief, or any claim arising from the potential or actual misappropriation or infringement of HypeNest's intellectual property rights. You consent to personal jurisdiction and venue in such courts.
18.5 Opt-Out Right
YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST PURCHASED A PRODUCT OR SERVICE THROUGH THE WEBSITE BY SENDING A WRITTEN LETTER TO: HYPENEST LLC, ATTN: LEGAL DEPARTMENT, 1001 S Main St, Kalispell, MT 59901. The letter must include your full name, the product purchased, and a clear statement of your intent to opt out of arbitration. Opt-out requests received after the 30-day window will not be honored.
18.6 Severability of Arbitration Clause
If a court or arbitrator determines that any part of this arbitration provision cannot be enforced as to a particular claim or remedy, then that specific claim or remedy (and only that claim or remedy) shall proceed in court, and all remaining claims shall continue in arbitration.
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Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HypeNest, its parent companies, subsidiaries, predecessors, successors, affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind (including reasonable attorneys' fees) arising from or related to: (a) your breach of these Terms or any document incorporated by reference; (b) your breach of any representation or warranty in this Agreement; (c) your violation of any applicable law or the rights of any third party; (d) your use or misuse of any HypeNest product; or (e) any content you submit to the Website.
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Third-Party Websites & Links
The Website may contain links to or materials from third-party websites and services. HypeNest does not control, endorse, or assume any responsibility for third-party content, products, services, or privacy practices. We are not liable for any harm, loss, or damage related to your interaction with any third-party website. You acknowledge that your use of third-party sites is at your own risk and subject to those sites' own terms and policies.
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Testimonials, Reviews & Submissions
You agree that anything you submit to the Website or provide to us, including photographs, testimonials, reviews, ideas, comments, feedback, and suggestions (collectively, "Submissions"), is non-confidential and non-proprietary. By submitting, you grant HypeNest a royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable right to use, copy, distribute, display, publish, perform, adapt, modify, and create derivative works from your Submissions in any medium and for any purpose, including advertising and marketing.
You represent and warrant that: (a) your Submissions are truthful and accurate; (b) your Submissions do not infringe the intellectual property rights of any third party; and (c) you have the legal right to grant the license described above. You acknowledge that testimonials displayed on the Website represent individual experiences and do not represent typical or guaranteed results.
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DMCA Notice
HypeNest respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that material on our Website infringes your copyright, please send a written notice to our designated DMCA agent at the address listed in Section 32.
Your notice must include: (i) a description of the copyrighted work; (ii) identification and location of the allegedly infringing material; (iii) your contact information; (iv) a good faith statement that the use is unauthorized; (v) a statement under penalty of perjury that the information is accurate and you have authority to act; and (vi) your physical or electronic signature. Failure to include all required information may delay processing.
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Electronic Communications
You agree that we may communicate with you electronically, including via email, text message, push notification, or notices posted on the Website. You agree that all electronic communications from HypeNest satisfy any legal requirement that such communications be in writing. Electronic communications shall have the same legal force and effect as if they were written and signed.
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SMS Communications
HypeNest provides SMS text messaging services to customers who have opted in. By opting in, you may receive messages related to: orders and purchases, shipping and delivery updates, promotional offers and product announcements, appointment reminders, and general customer support communications.
Message frequency varies based on your interactions and account activity. You may receive approximately 2 messages per week, though frequency may vary. Message and data rates may apply; consult your mobile carrier for details.
You may opt out of SMS messages at any time by replying STOP to any message. Upon opting out, you will receive a single confirmation message and no further SMS communications will be sent. For assistance, text HELP to +1 406-316-6240 or email support@rejuvacare.store.
Consent to receive SMS messages is not a condition of any purchase. Your mobile information will not be sold or shared with third parties for promotional or marketing purposes. For complete details on how we handle your data, see our Privacy Policy.
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Force Majeure
HypeNest shall not be liable for any delay or failure to perform any obligation under these Terms resulting from causes beyond our reasonable control, including but not limited to: natural disasters, severe weather, pandemics, epidemics, government actions or restrictions, war, civil unrest, terrorism, strikes, labor disputes, carrier disruptions, supply chain interruptions, cyberattacks, utility failures, or any other event that could not have been reasonably foreseen or prevented.
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Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is null and void. HypeNest may freely assign, transfer, or delegate its rights and obligations under these Terms to any affiliate, successor, or third party in connection with a merger, acquisition, reorganization, or sale of assets, without further notice or consent.
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No Waiver
No failure or delay by HypeNest in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right shall preclude any other or further exercise of that right or any other right. No waiver shall be effective unless made in writing and signed by an authorized representative of HypeNest.
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Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed. Such determination shall not affect the validity or enforceability of any remaining provisions.
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Termination & Survival
HypeNest may terminate or suspend your access to the Website and these Terms at any time, for any reason, without prior notice or liability. Upon termination, Sections 2 through 5, 14 through 21, and 23 through 32, as well as any representations, warranties, indemnification obligations, and other obligations that by their nature should survive, shall continue in full force and effect.
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Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Cancellation & Refund Policy, 90-Day Money-Back Guarantee, Payment Policy, and any other policies or operating rules posted on the Website, constitute the entire agreement between you and HypeNest and supersede all prior or contemporaneous agreements, understandings, representations, and warranties. Any ambiguities in these Terms shall not be construed against the drafting party.
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Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 18. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wyoming.
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Contact Information
For questions, concerns, or legal notices regarding these Terms, please contact us:
Email: support@rejuvacare.store
Phone: +1 406-316-6240
Phone Hours: 9:00 AM to 6:00 PM EST (holiday hours may differ)
Mailing Address: HYPENEST LLC, 1001 S Main St, Kalispell, MT 59901
By accessing or using rejuvacare.store, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and Conditions of Service.