The Restore™Program is a rewards program offered by restore, Inc. (“Restore", “restore”, "we", or "us") that awards its participants (“you”) in non-cash Pay Off Credits™ for shopping online with Restore™ retailers ("Merchants"), (overall, the “Restore Program” or “Program”). We also award Pay Off Credits™ if you voluntarily participate in Restore’s online surveys, post stories and videos, take online education classes, or take part in other activities of your choice, which Restore may offer from time to time in its sole discretion. Anyone can shop through the Restore™ shopping portal; however, the Pay Off Credits™ you earn can be spent only on charged off credit accounts referred to us by an owner of charged-off consumer debt that has agreed with Restore™ to accept Pay Off Credits™ in lieu of cash payments (“Recipient”), (overall “eligible accounts”). You may designate your Pay Off Credits™ to your own eligible account, the eligible accounts of family or friends, or donate your Pay Off Credits™ to eligible accounts of people in need.
Pay Off Credits™ will accrue in your “Restore Account” and be transferred monthly to Recipients. You must keep your Restore Account active by spending at least $25 per month through Restore.
Five Simple Steps 3
Pay Off Credits™ Benefits 5
Restore™ Sweepstakes, Contests, and Surveys 5
Notice before certain changes. 6
Merchant Withdrawals or Changes 6
Check your account 6
Taxes and Other Laws may Affect You 7
Fraud Prevention 7
Restore™ Error Correction 8
We don’t issue credit, collect debt, or repair credit histories 8
We can stop you from earning or having Pay Off Credits™ transferred 8
You could lose your Pay Off Credits 8
Some payment methods may not work. 9
Miscellaneous Limits 9
Program provided “As Is” 9
Site provided “As Is” 9
Software, Apps & Products Not Warranted by Us 10
Release and Hold Harmless 10
Merchants are responsible for product quality and performance 11
Choice of Law 11
No Waiver – Severability 12
Communicating with You 12
Your Communication Preferences 12
Communicating with Us 12
Communicating with Others 13
Alternative Resolution is Required 13
Arbitration Opt-Out Procedure 15
1 Year to file Claims 15
LIMITED REMEDY 15
How You Earn and Use Pay Off Credits™.
Five Simple Steps
1. Enroll and set up your Restore Account™. Direct your Pay Off Credits™ to your own eligible account(s), or the eligible account(s) of a friend, family member, or someone in need.
There are no membership fees associated with the Rewards Program. Below are some of the ways that you can enroll in the Restore Program. For more information about enrolling in the Restore Program, please visit our Restore Program page.
Telephone: (866) 216-5535
Once you are enrolled in the Program and have accepted the Restore Program Terms, you can view and manage your Restore Program account (“Restore Account”) by logging into your dashboard. You may only have one Restore Program login. You are responsible for anyone else who uses your Restore Program login. You must make $25 of purchases per month to keep your Restore Account active and stay enrolled in the Restore Program. If you have questions about your Restore Account or keeping it active, please contact us: (866) 216-5535.
2. Go to Restore, click on the merchant links to redirect to the shopping sites for your favorite online retailers.
The benefits that are available to you through the Restore Program are based on the number of Pay Off Credits™ that you earn by making qualifying purchases at Merchant websites, accessed via the reStore shopping portal. You will earn Pay Off Credits™ based on the total amount paid for your purchase, including any tax and shipping but excluding any purchases to the extent made with discount codes, or other disqualifying offers as established by the Merchant. For more details about how to earn Pay Off Credits™ by making qualifying purchases, please visit our Restore Program page.
You may also earn Pay Off Credits™ for participating in voluntary surveys, product reviews, or online classes. For further details please visit our Restore Program page. Pay Off Credits™ for participation in these activities will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer. Some promotions may limit the amount of Pay Off Credits™ earned per extra activity. Pay Off Credits™ for eligible participation in promotions may take seven or more days to be added to your Rewards Program Account.
Please review any additional terms and conditions that are provided by retailers, online merchants, or manufacturers.
3. Complete a purchase from the merchant site and earn .50 Pay Off Credits™ for every dollar you spend.
We only award whole dollar amounts, cents will not accrue. For example, if you spend $100. 60 on purchases, Restore™ credits 50 Pay Off Credits™ to your Restore Account.
You’ll earn Pay Off Credits™ when you, or a donor, use the reStore portal to make purchases of products and services, minus shipping, taxes, returns or refunds (collectively, the “eligible purchases”). Buying products and services through Restore, in most cases, will count as a purchase; however, the following types of transactions won’t count as a purchase and won’t earn Pay Off Credits, on purchases of:
- shipping or taxes;
- travelers checks, foreign currency, money orders, wire transfers or similar cash-like transactions;
- lottery tickets, casino gaming chips, race track wagers or similar betting transactions;
- gift cards, discount cards, or similar cash-like transactions;
- cigarettes, alcohol, certain pharmacy products, or certain purchases designated by retailers as not eligible for shopping reward;
- unauthorized or fraudulent charges.
It may take up to 4 days from the day of purchase for your earned Pay Off Credits™ to appear in your Restore Account. Pay Off Credits™ can remain pending in your account for up to 31 days.
5. Once per month, Restore transfers the Pay Off Credits™ in your Restore Account to the owner of your enrolled charged-off credit account. For enrolled accounts, Pay Off Credits™ are accepted in lieu of cash and will be credited to your account and reported to consumer reporting agencies as a payment on a collections account, in accordance with the Recipient’s credit reporting policies.
Once monthly, on the 1st business day of every month, Pay Off Credits™ accrued in your Restore Account during the previous month are transferred to the Recipient, which in turn, credits the enrolled account as a payment equal to the amount of Pay Off Credits™ transferred to the Recipient. If you have two or more enrolled accounts, Pay Off Credits™ will be applied to the accounts at the discretion of Recipient and based on considerations like age of the account, amount of the account, and benefits to consumers of reporting certain collections accounts as paid.
Your participation in this Program may result in the receipt of taxable income from Restore™ and the Recipient may be required to send to the charged-off accountholder, and file with the IRS, a Form 1099-MISC (miscellaneous income). The accountholder is responsible for any tax liability related to participating in this Program.
Pay Off Credits™ Benefits
By enrolling Eligible Accounts in Restore:
- Pay Off Credits™ earned in this Program are automatically credited at the beginning of each calendar month toward an enrolled charged-off credit account held by Recipients;
- Pay Off Credits™ are accepted in lieu of cash on all eligible, enrolled, and active accounts owned by Recipients;
- Restore is the exclusive servicer of all eligible, enrolled, and active accounts in the Restore Program;
- So long as Restore is the exclusive servicer, no collection agency, debt relief service provider, law firm, or any other company may attempt to seek money from you related to eligible, enrolled, and active accounts in the Restore Program. These accounts will not be referred for collection activity. If your account is eligible, enrolled, and active in the Restore Program and you receive contact from anyone in an attempt to collect on the enrolled account, please notify us immediately so we can investigate and address the situation. It may be an attempted fraud.
- Once an eligible account is paid off in Pay Off Credits, the Recipient will report the account to credit bureaus as a paid-in-full collections account. Ordinarily, a “paid-in-full” status is better for a consumer’s credit history than an “unpaid” status.
- By restoring your credit history and reducing your outstanding debt, you take a great big step toward a better financial future!
Restore™ Sweepstakes, Contests, and Surveys
We may offer you the opportunity to participate in our Restore™ Program, sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) that may require registration or for you to submit Personal Information. Participation in these Promotions is completely voluntary. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. Restore™ may offer opportunities to enter a Promotion or other feature that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected.
You must identify yourself as a part of the Restore™ Program to earn Pay Off Credits™.
Although each shopping transaction is made directly through an individual online merchant's website, you must access the online merchants through the ReStore (our online shopping portal) to earn Pay Off Credits™ for making purchases from the online merchants.
Restore™ may make changes to this Program and the terms of this agreement at any time. For example, we may:
- add new terms or delete terms;
- change how you earn Pay Off Credits™ in this Program;
- change how Recipients report your information to the credit bureaus, or
- update, modify, clarify, or adjust provisions in this agreement with no notice to you other than posting the changed version with a revision date on our website.
Notice before certain changes.
- Generally, you won’t receive advance notice of changes to this Program and the terms of this agreement, except, Restore™ will endeavor to give you 30 days notice of the following types of changes to this Program or this agreement:
- if Restore™ adds fees applicable to this Program;
- if Restore™ changes the rate at which you earn Pay Off Credits™ in this Program;
- if Restore™ limits the number of Pay Off Credits™ you can earn in this Program; or
- if Restore™ cancels this Program.
- Restore™ will send this notice to you in writing, which, at our option, may be delivered to you electronically by email or through our online services, such as LetsRestore.com or a Restore™ Mobile App.
- Restore™ may temporarily prohibit you from earning Pay Off Credits, using Pay Off Credits™ you’ve already earned that haven’t been transferred to Recipients, or using any features of this Program.
- Restore™ may supplement this agreement with additional terms, conditions, disclosures, and agreements that will be considered part of this agreement.
- Restore™ may change the terms of the Pay Off Credits™ Program in accordance with the Pay Off Credits™ Terms or to comply with applicable law or industry association standards.
- Restore™ will give you notice of other changes to this Program or agreement by posting an updated copy of this agreement when you log in to our website, Let’sRestore.com/Restore™.
Merchant Withdrawals or Changes
Restore™ is not responsible for changes to, or discontinuance of, any Merchant, or for any Merchant withdrawing Restore’s access credentials, or for the effect on accrual of Pay Off Credits™ caused by such changes, discontinuance, or withdrawal. Restore™ is not responsible for changes to, or discontinuances of, any special offer on a Merchant website.
Take Care of Yourself- Know the Following
Check your account
You must check your account regularly to ensure that Pay Off Credits™ have been properly credited and applied and that your account balance is accurate. If you do not believe that Pay Off Credits™ have been credited correctly to your account, you must contact Restore™ within thirty (30) days of the transaction.
Taxes and Other Laws may Affect You
We cannot give you tax advice and every person’s situation varies, so please check with a tax advisor who can tell you about which, if any, of the below may apply.
You are responsible for any tax liability, including disclosure requirements, related to participating in the Program (for example, the receipt of miscellaneous income).
- Some tax laws of federal, state, and local jurisdictions may tax your receipt of Pay Off Credits™ if another shopper earns them on your behalf.
- When Pay Off Credits™ are applied to past due accounts, certain tax laws consider Pay Off Credits™ as a form of income. You might receive from the Recipient a 1099-C tax form if your situation meets the IRS requirements. Please read the IRS Publication 4681 here for official information. In short, if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid. Generally, the IRS considers this as taxable income. There are exceptions and exclusions to this rule that may apply to you, like for amounts under $600 and if you are insolvent. Be sure to discuss with your tax preparer to determine if these apply to you, we encourage you to research this topic on www.irs.gov.
If your Restore Account has not had any activity for three months (90 days), the Pay Off Credits™ will expire and Restore will no longer be the exclusive servicer of the charged-off Eligible Account enrolled with Restore. The Eligible Account may be transferred to another servicer for collection of the remaining Eligible Account balance. For example, if you enrolled your Eligible Account with Restore when its balance was $1000, and you paid the Recipient 500 Pay Off Credits before your RestoreAccount expired, an outstanding balance of $500 may be send to a collections agency for collection. You may contact us at any time between the day of your last reStore purchase and six months after that date (180 days) to reenroll your Eligible Account in Restore.
Any failure to comply with these Terms, any fraud or abuse relating to the accrual or application of Pay Off Credits, or any misrepresentation of information furnished to Restore™ or its affiliates by you or anyone acting on your behalf may result in the termination of your participation in the Program and forfeiture of your accrued Pay Off Credits. If Restore™ has reason to suspect fraudulent activity is associated with your account, Restore™ reserves the right to delay or withhold payment of Pay Off Credits. You give Restore™ permission to review your account with merchants in cases where Restore™ suspects fraudulent activity.
We will rescind Pay Off Credits™ and bar further Pay Off Credits™accrual to you, and/or terminate your enrollment, if we believe in our discretion that you are abusing or have abused the Program, including, without limitation, by engaging in fraudulent activities, by engaging in a pattern of returning products after the corresponding Pay Off Credits™ have been credited, by creating or attempting to create or participating in any market in Pay Off Credits, or by attempting to receive Pay Off Credits™ to which you are not entitled. We will notify you if you have engaged in any such activities, and in such event, you agree to forfeit any and all Pay Off Credits.
Restore™ Error Correction
The determination of whether a purchase qualifies to earn Pay Off Credits™ is at the sole discretion of Restore. Restore™ reserves the right to cancel awarding any Pay Off Credits™ should a Merchant misreport a purchase to Restore.
We don’t issue credit, collect debt, or repair credit histories
Restore™ does not provide credit repair service or advice. We do not guarantee that participating in our Program will affect your credit history or credit score. We do not charge consumers fees for services. We do not take or collect payments from consumers. We do not negotiate debt settlements on behalf of individual consumer accounts. We do not purchase or own debt. We do not ask that you contact the owner of your debt. We may provide you information about how to contact the owner of your past due account, but we will do so only passively or upon your request. The only currency that Restore™ transfers between consumers and Recipients is Pay Off Credits, which is a wholly proprietary shopping rewards system. Restore™ does not furnish credit information to credit reporting agencies and is not a credit repair organization as defined under the Credit Repair Organizations Act or any other federal or state law.
No activity, notice, disclosure, or best practice that Restore™ employs shall make, shall be deemed or understood to make, or be an admission to being a covered person under any of the following federal laws or their state law equivalents: Fair Debt Collection Practices Act, Credit Repair Organizations Act, or the debt settlement relief service providers provisions of the Telemarking Sales Rule.
We can stop you from earning or having Pay Off Credits™ transferred
We may temporarily stop you from earning Pay Off Credits™ and we may not transfer Pay Off Credits™ you’ve already earned to Recipients:
- if you don’t make the minimum $25 monthly purchase;
- if your Pay Off Credits balance is less than $20, it will remain in your account until your balance reaches $25.
- if we suspect that you’ve engaged in fraudulent activity related to your account or this Program.
- if we suspect that you’ve misused this Program in any way, for example: by not paying past due accounts for the purpose of becoming eligible for Restore.
You can begin earning Pay Off Credits™ again and any Pay Off Credits™ that we’ve held will be transferred to Recipients in the next monthly cycle after your account becomes active or when we no longer suspect fraud or misuse of the account or this Program.
You could lose your Pay Off Credits
You’ll immediately lose all Pay Off Credits™ that haven’t been transferred to JHPDE if your account status changes, or your account is closed, for any of the following reasons:
- you fail to comply with this or other agreements you have with Restore™
- you file for bankruptcy
- we believe that you’ve engaged in fraudulent activity related to your account or this Program
- we believe that you’ve misused this Program in any way.
- If there is no activity in your Restore Account for 6 months and a balance of less than $20 is in your Account, your Pay Off Credits will be transferred at Restore’s discretion.
If your account is closed for any other reason, we’ll automatically transfer any Pay Off Credits™ earned to JHPDE, as long as you don’t lose them for any of the reasons described in this agreement.
We won’t reinstate Pay Off Credits™ you lose, unless we’ve made an error.
Pay Off Credits™ aren’t your property and have no cash value. Additionally, Pay Off Credits™ can’t be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
Some payment methods may not work.
Certain limitations apply regarding some pre-paid purchase cards, gift cards, Electronic Benefits Cards, or MasterCard and Visa as Transaction Information Providers. For example, you may not be able to purchase merchandise on a credit card labeled for travel or government use.
We may refuse to grant to you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Restore™ reserves the right to terminate the Program at any time.
- You have no right to receive cash or other consideration directly for any Pay Off Credits.
- You have no right to participate in the Restore Program.
- Likewise, you are not required to participate in the Program as a condition to any contract or obligation.
Program provided “As Is”
THE restore™ PROGRAM IS BEING PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, restore LLC, RECIPIENTS, AND THEIR RESPECTIVE THIRD PARTY SERVICE PROVIDERS, AFFILIATES, PARENTS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM.
Site provided “As Is”
THE restore™ WEBSITE IS BEING PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. restore LLC, RECIPIENTS, AND THEIR RESPECTIVE THIRD PARTY SERVICE PROVIDERS, AFFILIATES, PARENTS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS AND THE SITE HOST MAKE NO WARRANTY THAT (i) THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (ii) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iii) THE PROGRAM OR SITE WILL MEET YOUR REQUIREMENTS.
Software, Apps & Products Not Warranted by Us
restore LLC, RECIPIENTS, AND THEIR RESPECTIVE THIRD PARTY SERVICE PROVIDERS, AFFILIATES, PARENTS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. This limitation shall not disclaim any manufacturer warranties, which are separate and apart from these Program terms.
Release and Hold Harmless
You release JH Essentials, LLC /DBA Restore or restore LLC (“Restore LLC”) and their respective third party service providers, affiliates, parents, directors, officers, employees, agents and contractors for all activity in connection with this Program, including but not limited to, use of this Program, and any redemption for or purchase of products or services through this Program.
You agree to indemnify and hold Restore LLC, Recipients, and their respective third party service providers, affiliates, parents, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s use of this Program, any fraud or misuse of this Program, violation of this agreement and/or violation of any applicable law or the rights of any third party.
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, restore™ WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, BUSINESS PRACTICES, TORT, INCLUDING MISREPRESENTATION, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE, OPPORTUNITY, OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE PROGRAM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE restore™ SITE (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE restore™ SITE - OR (v) ANY OTHER MATTER RELATING TO THE restore™ PROGRAM. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, TO THE EXTENT SUCH STATE LAW APPLIES IN LIGHT OF OUR MUTUAL CHOICE OF CALIFORNIA LAW.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES AND USE OF THE CONTENT, YOU AGREE THAT restore™ IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF restore™ ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM restore™ IN THE APPLICABLE TRANSACTION. restore™ SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF restore™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THEIR CONTENT (INCLUDING THESE TERMS AND CONDITIONS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
Merchants are responsible for product quality and performance
Merchants and third party service providers are responsible for the quality and performance of any products or services they provide. Restore™ The Merchants and third party service providers are not affiliated with us and are not sponsors or co-sponsors of this Program. All merchant and third party service provider names, logos, and marks are used with permission and are the property of their respective owners. Merchants and third party service providers are subject to change without notice. Any rules of the merchants relating to returns and exchanges of rewards apply.
Restore is not responsible for any aspects of the products and services provided by Merchants or third party service providers.
Restore™ makes every effort to provide accurate information about products and their pricing on the Services. However, pricing and/or typographical mistakes may, on rare occasions, appear on these Services or Restore™.com. For this reason, Restore™ cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Restore™ reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Restore™ will notify you of the cancellation. Prices and availability are subject to change without notice.
Choice of Law
This Program will not be offered where prohibited by federal, state, or local law. These terms and use of this Program is governed by California law, the laws of the state of California will apply no matter where you live or use this Program.
No Waiver – Severability
We may enforce the terms of this agreement at any time. We may delay enforcement without losing our right to enforce this agreement at a later time. If any term of this agreement is found to be unenforceable, we may still enforce the other terms.
These Terms and Conditions (including, without limitation the “Governing Law” and “Dispute and Claim Resolution (including Arbitration) Provision” sections of the Agreement), make up the entire agreement between us relating to the Restore Program, and replace any prior understandings or agreements (whether oral or written) regarding the Rewards Program.
WHAT TO KNOW ABOUT TALKING WITH US
Communicating with You
- We may send communications about this Program to you at any mailing or email address in our records or through our online services such as LetsRestore™.com or the Restore™ Mobile App.
- When you give us your mobile phone number, we have your permission to contact you at that number about all your Restore™ accounts and this Program.
- You agree that we can use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account and Program service calls, but not for telemarketing or sales calls.
- You agree that we can contact you via companies working on our behalf to service your account and this Program.
- Message and data rates may apply.
- You agree that Restore™ and its third party service providers may listen to and record telephone calls as part of providing Program services.
Your Communication Preferences
- You may contact us anytime to change your communication preferences, including the mobile phone and text preferences describe above.
- Let us know right away about any changes to your contact information.
Communicating with Us
- All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
- You may contact us for any purpose at the outlets below:
21800 Burbank Blvd, Suite 500, Woodland Hills, 91367
Telephone: (866) 216-5535
Communicating with Others
To process transactions and credit Pay Off Credits, we need to access your transaction related information from Merchants, third-party card issuers, networks, providers, platforms, processors, or transaction facilitators or point-of-sale systems (i.e., MasterCard, Visa, American Express, etc.) (“Transaction Information Providers”). Transaction information may include, but is not limited to, the name of the merchants that are providing the purchased products or services, the dates and times of your purchases or returns of products and services, the location of your purchases or returns, the amount of your purchases and the products or services purchased.
IF WE DISAGREE- IMPORTANT THINGS TO KNOW
You and Restore™ agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in these terms. Please read this section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Alternative Resolution is Required
Contact Restore™ first. If a dispute arises between you and Restore™, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Restore™ regarding the Restore™ Program may be reported to Customer Service online at any time, or by phone at the number listed in the What to Know about Talking with Us section.
Agreement to Arbitrate. You and Restore™ each agree that any and all disputes or claims that have arisen or may arise between you and Restore™ shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Waiver of Class and Representative Actions and Non-Individualized Relief. YOU AND restore™ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND restore™ AGREE OTHERWISE. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER restore™ USERS.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Restore™ may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Restore™ subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Restore™, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Restore™ users, but is bound by rulings in prior arbitrations involving the same Restore™ user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
To send us your Arbitration Claim, mail it to our agent for service of process:
Ct Corporation System (C0168406)
818 W Seventh St. Ste. 930
Los Angeles, Ca 90017
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Restore™ will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Restore™ should be submitted by mail to the AAA along with your Demand for Arbitration and Restore™ will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Restore™ will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Restore™ for all fees associated with the arbitration paid by Restore™ on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Arbitration Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"), to:
21800 Burbank Blvd, Suite 500, Woodland Hills, CA, 91367
The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these terms for the first time. In the notice, state:
- you do not agree to this Agreement to Arbitrate
- your name,
- phone number, and
- the email address(es) used to log in to the Restore™ Account(s) to which the opt-out applies,
- You must sign the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
1 Year to file Claims
Any claims arising in connection with the use of the Program must be brought within one (1) year of the date of the event giving rise to such action.
Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this section (Disputes with Restore™), will continue to apply.
Restore’s SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH ON THE PART OF restore™ OF ANY PROVISION OF THIS AGREEMENT WILL BE FOR restore™ TO RETURN YOUR ELIGIBLE ACCOUNT TO THE STATUS QUO (I.E. THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ALLEGED BREACH). This sole and exclusive remedy may require credits or deductions of Pay Off Credits to or from an eligible account, a Restore Account, or to Restore. This remedy may require Restore to inform Recipients of changes to how the eligible account is reported to credit bureaus and how the balance of eligible accounts are reflected in Recipients’ records.
Restore™ may, in its sole discretion, terminate your Restore Account (or any part thereof) or your right to use the Program, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these terms, or other policies or guidelines set forth by Restore™ elsewhere, (ii) conduct Restore™ believes is harmful to other users, the public, the business of Restore, its parents, or affiliates, or (iii) failure to keep your Restore Account Active. Neither Restore™ nor its service providers will be liable to you or any third party for any termination of your access to the Program or discarding Content.
YOUR AGREEMENT IS BINDING