The terms and conditions below (the "Terms of Service") govern your access to and use of neckrevive.com, rapidrelief24.com websites, products, and services (collectively, the “Site”). The Terms of Service constitute a legal agreement between you and Bumptext Consulting. You agree to the Terms of Service by accessing or using the Site. Do not access the Site or use the Services or Order Online or authorize the written Quotation or authorize the written Service Agreement or initiate the written SOW (“Scope of Work”), if you are unwilling or unable to be bound by the Terms of Service.
Definitions
A user is someone who accesses, browses, subscribes to, or in any way uses the Site. The terms you and your refer to you, as a user of the Site. The terms we, us, our, “Bumptext Consulting”, "NeckRevive" and “RapidRelief24” refer to BumpText.
Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you create, authorize, or submit through the Site. BumpText Content means Content that we make available on the Site. Third Party Content means Content that is made available on the Site by parties other than BumpText or its users. Site Content means all of the Content that is made available on the Site, including Your Content, Third Party Content, and BumpText Content.
NO MEDICAL ADVICE
YOU ACKNOWLEDGE AND AGREE UPFRONT THAT THE SERVICE AND CONTENT AVAILABLE THROUGH THE SERVICE ARE NOT A SUBSTITUTE FOR A HEALTHCARE PROFESSIONAL’S PROFESSIONAL JUDGMENT IN DIAGNOSING AND TREATING PATIENTS AND YOU WILL USE YOUR OWN PROFESSIONAL JUDGMENT IN RELATION TO THE FOREGOING. NEITHER BUMPTEXT, PHYSITRACK NOR THE SERVICE, CONTENT, DEVICES OR SOFTWARE GIVES MEDICAL ADVICE OR PROVIDES MEDICAL OR DIAGNOSTIC SERVICES. RELIANCE UPON THE SERVICE, CONTENT, DEVICES OR SOFTWARE BY YOU OR ANY OF YOUR AUTHORIZED USERS (DEFINED BELOW) IS SOLELY AT YOUR AND THEIR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BUMPTEXT AND PHYSITRACK IS IN NO WAY RESPONSIBLE FOR THE USE OF ANY PHARMACOLOGICAL, MEDICAL, LEGAL OR SIMILAR INFORMATION CONTAINED IN, ENTERED INTO OR USED IN CONNECTION WITH THE SERVICE AND YOU AND AUTHORIZED USERS, AS APPLICABLE, SHOULD VERIFY THE ACCURACY OF THE INFORMATION AND COMPLETENESS OF SUCH INFORMATION WHENEVER NECESSARY TO DO SO FOR PROVIDING HEALTHCARE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE BY YOU AND AUTHORIZED USERS FOR ANY PURPOSE RELATED TO PATIENT CARE SHOULD BE UNDER THE SUPERVISION OF A HEALTHCARE PROFESSIONAL. AS BETWEEN BUMPTEXT, PHYSITRACK AND YOU, YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR YOUR TREATMENT AND CARE OF PATIENTS, INCLUDING ALL RESPONSIBILITY FOR PERSONAL OR PSYCHOLOGICAL INJURY OR DEATH.
Eligibility
You represent and warrant that you (a) have not previously been suspended by BumpText or removed from the Site; (b) are not a competitor of BumpText; and (c) have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
Changes to the Terms of Service
We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at https://rapidrelief24.com/terms and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Site and our Services after any posted modification to the Terms of Service indicates your acceptance of the modification.
Use of the Site
We grant you permission to use the Site subject to the restrictions in these Terms of Service. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. BumpText does not endorse such Content and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.
Restrictions on Use
You agree that you will not, and will not assist or enable others to:
- Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another users use of the Site;
- Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- Use the Site to promote bigotry or discrimination against protected classes;
- Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Use the Site to submit or transmit pornography or illegal content;
- Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- Use the Site in violation of the Terms of Service or any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by BumpText;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- Record, process, or mine information about other users;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on BumpText’s technology infrastructure;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BumpText.
Site Availability
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time or for no reason, and without notice or liability.
Data Backup
All data backup services are provided as a courtesy to you. It is your sole responsibility to maintain your own backup of any data. BumpText is not responsible for lost data or for lost data due to any software or hardware faults.
Unauthorized Access
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Ownership
We own the BumpText Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the BumpText Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws.
Subscription Payment and Term
By purchasing or subscribing to BumpText’s Site, you agree to a minimum contract term of three (3) months, during which you are obliged to pay monthly for services of a value no less than your original subscription price. Upon the expiration of the minimum contract term, Site, service, and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime with 60 days' notice.
Cancellation and Termination
You are solely responsible for properly canceling your subscription. Should you wish to cancel prior to the expiration of the minimum contract term, full payment of the remaining amounts will be due immediately. In order to cancel your subscription, you must contact your dedicated account manager via telephone at least seven days before your next billing date. BumpText, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the Site.
Indemnification
You agree to indemnify and hold harmless BumpText and its affiliates and their shareholders, directors, officers, employees, representatives, agents, and assignees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys' fees and other legal expenses, arising directly or indirectly from or in connection with any negligent, reckless, or intentionally wrongful act of you or your assistants, employees, contractors, or agents.
Confidentiality
BumpText shall not disclose to any third party any details regarding the Client’s business, including, without limitation, any information regarding any of the Client’s customer information, business plans, or price points, except as required by law or to provide the Services.
Limitation of Liability
BUMPTEXT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT OR THE BumpText MATERIALS. IN NO EVENT SHALL THE “BUMPTEXT PARTIES” BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE.
No Warranty
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BUMPTEXT MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the HKSAR. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in HKSAR, using the English language.
Integration and Severability
The Terms of Service are the entire agreement between you and BumpText with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications, contracts, proposals, and quotations between you and BumpText with respect to the Sites.
Miscellaneous
If there is any dispute about or involving the Site or BumpText, you agree that any such dispute will be governed by the laws of the HKSAR without regard to its conflict of law provisions. The Terms of Service are not assignable, transferable, or sublicensable by you except with BumpText's prior written consent.