Terms of Use

    1. General Terms
    These Terms of Use (the "Agreement" or "Terms of Use") define the terms and conditions that apply to your access and use of the Refresh.me website (collectively the "Services") owned and operated by Refresh.me, Inc. ("Refresh.me").

    The Services provided are only offered to users located in and residing within the United States, and the use of the Services is governed by U.S. law.

    By accessing or using the Services, you are agreeing to be bound by the terms and conditions set forth in this Agreement. These terms may be amended from time to time (see “Modifications” below). If you don't agree to these Terms of Use, then you are forbidden from using the Services.
    2. Accepting the Terms
    By using this website or any tools, features, functionality, or information offered by Refresh.me, you agree to be bound by this Agreement. This applies to both “Visitors” (anonymous visitors browsing the website), and “Users” (meaning you've created an account for use of the Services).

    The term “you” or “User” refers to a Visitor or User. The term “we” refers to Refresh.me. If you wish to become a User or use the Services, you must read this Agreement and agree to these terms during the account creation process.

    You must be at least 18 years of age and of a legal age to form a binding contract with Refresh.me.

    By accepting this Agreement, you represent that you have the legal and mental capacity to be bound by this Agreement. If you're using the Services on behalf of another company or entity other than yourself, you must have the legal authority to bind the entity you are acting on behalf of.
    3. Privacy Policy
    Your personal information is processed in accordance with our published Privacy Policy.
    4. Description of the Services
    The Services include: access to your credit report(s) and score(s), personal financial management tools and services, online privacy management tools and services, and identity theft protection services. The Services are not free, and are provided to you by Refresh.me, and are meant to provide you with tools and resources enabling you to track, manage, and consolidate your digital life as it pertains to personal credit, finance, identity, and privacy. The cost of the Services vary depending on the level of Services chosen during the checkout and payment process.

    As part of the Services, we may also present you with information relating to third party products or services ('Refresh.me Offers'), in addition to educational material.

    Some plans may include Identity Theft Insurance. To view specific terms and benefits of this insurance provided with applicable membership plans, please click here.
    5. Account Information Originating from Third Parties
    Users may request for Refresh.me to retrieve any applicable personal information maintained by Refresh.me or any third-party entities and/or websites with which we have customer relationships with ("Account Information"). Refresh.me partners with one or more online service providers to access and maintain the aforementioned Account Information. Refresh.me does not review the Account Information for any reason (including, but not limited to, accuracy, legality or non-infringement). We are not responsible for any products or services offered by third party entities.

    Refresh.me makes a best effort to make the Services available at all times, but we may encounter technical or other difficulties from time to time which may result in service interruptions or the temporary or permanent inability to obtain data or prevent loss of data or personalized settings.

    Refresh.me does not and cannot assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.

    When viewing information via the Services, user Account Information is only accurate as the time shown, which reflects the date and time the information was obtained from its source. Displayed information may be more up-to-date if and when obtained directly from the source (like your bank).
    6. Third Party Links, Offers, and Services
    The Services may sometimes contain links from advertisers, or display Refresh.me Offers that are custom matched for you, based on Account Information stored in the Services, or information made available through third parties. Refresh.me will disclose if a particular Refresh.me Offer is sponsored.

    In connection with Refresh.me Offers, we may provide links to other websites belonging to Refresh.me advertisers and and/or third parties. Refresh.me does not endorse, warrant or guarantee the products or services available through these other websites. Refresh.me is not an agent or broker, or in any way responsible, for the activities, policies, products, or services available through those web sites.

    Refresh.me does not guarantee that any financial product, loan, investment, product, service or any rates or rewards offered by any third parties are actually the terms that may be offered to you if you use the products or services offered by any third parties. We also do not guarantee these products, services, or rates are the best available in the market.

    Upon choosing to use or purchase any product or service offered through any third party, you are subject to any terms, conditions, rules, or policies instituted by the third party.
    7. Your User and Registration Information
    To successfully use the Services, you will need to create an account with Refresh.me. In some cases, we might need to verify your identity. Upon creating an account, you hereby authorize Refresh.me to make any inquiries we deem necessary to verify and confirm your identity. The information requested may include, but is not limited to: (1) asking you questions, (2) asking for your full address and SSN, (3) requiring you to confirm your email address, (4) requiring you to confirm ownership of financial instruments, (5) ordering a credit report from TransUnion, Experian, or Equifax, or (6) verifying your supplied information with third party sources. Refresh.me reserves the right to refuse access to the Services if you do not or cannot provide the neccessary information, or if Refresh.me is unable to verify your identity.

    You agree that you are responsible for maintaining the confidentiality of your login credentials to Refresh.me.

    A full set of authenticating credentials (such as an email address or OAuth identity) form your “Registration Information.” Upon providing your e-mail address to Refresh.me, you are agreeing to receive all required notices in relation with the Services, in an electronic format via either (1) emailing the email address provided, or (2) by displaying links to notices through our website.

    You agree to update your email address if/when it changes. Notices will be provided in HTML or plain text email format, or via a link to the corresponding page on our website.

    You agree to notify Refresh.me immediately by emailing support@refresh.me if you become aware of unauthorized access to your Refresh.me account, or if you believe that your login credentials or account information (or any device that you have used to access the Services) has become lost, stolen, or missing.

    You may contact Refresh.me at:

    Email Address: support@refresh.me
    Physical Address: 740 4th St N STE 337, St. Petersburg, FL 33701
    8. Your Use of Refresh.me
    You may not transfer your account information or account ownership to any other entity or person. You may only use Refresh.me for legal and lawful purposes. You agree to provide truthful and accurate records and information pertaining to your account and personal details such as name, address, or any other information that pertains to your identity. If you connect a financial institution account through our “add account” feature, you agree that you will not knowingly provide false information regarding your Registration Information or Account Information.

    You agree and represent that any information provided to Refresh.me in connection with our services, or in connection with your account, is 100% true and accurate. You may not use the service on behalf of another person, unless you have their explicit written permission or legal authority to do so. You may not pay for the Services with any credit card, debit card, or other form of payment unless you have the legal authority to use such form of payment method.

    You must keep your Registration and Account Information accurate and up-to-date. Failure to do so will degrade the effectiveness of the Services. Upon using the Services, you represent that you are the legal owner of all information, accounts, or connected resources to you Refresh.me account. You further represent that you are authorized to provide us with all Registration and Account Information necessary for us to properly enable and ensure functionality of the Services for you.

    Your access to Refresh.me may occasionally be interrupted for reasons including, but not limited to: (1) the malfunction of server and hosting equipment, or (2) downtime relating to product or software updates and maintenance. Refresh.me is not liable to any party, person, or entity for any loss, cost, or damage, or consequence that results from any downtime, for any reason.

    Your only remedy for any shortcomings or non-delivery of the Services, encompassing any linked software or resources provided with said Services, will be for Refresh.me to employ diligent and reasonable measures to rectify or amend the concerned Services.

    Refresh.me may occasionally release preview versions of new features, which provide users with the opportunity to provide feedback. You agree that any use of such preview features is voluntary and Refresh.me is not required to provide you with any new preview features. If you decide to use any preview features, you agree to any additional rules that Refresh.me places on the usage of such features. If you use any preview features, we are unable to guarantee your ability to revert to the previous version of the software dashboard. Furthermore, you agree and understand to the aforementioned terms relating to preview features. You also acknowledge that even if the preview feature can be reversed, your previous data may not be fully recoverable if the data has been modified as a result of using a preview feature. Preview features are provided as is, and may contain errors. It can also cause corruption or loss of data. You acknowledge and agree that your usage of any preview feature is at your own risk.
    9. Device Compatibility
    Access to the Services may, at times, require a compatible computer, desktop, laptop, or mobile device. It may also require internet or network connectivity. It may also require specific software, including but not limited to a compatible web browser. You acknowledge and agree that you are the sole party responsible for fulfilling these requirements, including managing any associated modifications, updates, and costs. Furthermore, you must adhere to the terms set by your telecom service providers.

    REFRESH.ME PROVIDES NO ASSURANCES, EITHER EXPLICIT, IMPLIED, OR LEGAL, REGARDING: (i) THE CONSTANT AVAILABILITY OF TELECOM SERVICES FROM YOUR PROVIDER OR UNINTERRUPTED ACCESS TO THE SERVICES FROM ANY GIVEN POINT OR TIME; (ii) ANY SECURITY BREACHES OR DAMAGES LINKED WITH TELECOMMUNICATION SERVICES; AND (iii) ANY UNINTENTIONAL SHARING OF DATA WITH THIRD PARTIES OR FAILURE IN RELAYING ANY DATA OR COMMUNICATIONS PERTAINING TO THE SERVICES.
    10. Online Alerts, Notifications, and Communications
    Refresh.me may send you automatic or voluntary alerts. Automatic and voluntary alerts may be triggered by actions such as: (1) changes to your user account or registration information (2) credit monitoring alerts originating from a credit bureau, (3) identity theft related alerts, (4) alerts relating to your online privacy management, or (5) alerts relating to your financial wellbeing that we derive from your connected financial institution accounts and connected credit report, or other information supplied by you.

    The Services may automatically activate optional account alerts and notifications for you. You have the ability to modify, turn off, or re-enable these optional notifications. While Refresh.me might introduce or discontinue certain notifications at its discretion, each notification will offer various choices which you will need to select when initializing your notification preferences.

    You acknowledge that factors beyond our control may affect the timeliness and accurate delivery of these notifications. While Refresh.me strives to ensure the timely and accurate delivery of notifications, we cannot guarantee the consistent delivery, timeliness, or correctness. You agree to not hold Refresh.me liable for any consequence or outcome resulting from any errors in the delivery of any notification.

    Notifications will be sent to the email address associated with your Services account. If there is a change in your account email, it is your responsibility to notify us of such changes. You can opt to receive notifications on a SMS compatible mobile device if our software provides such a delivery mechanism for a specific notification.

    Alerts and notifications are not encoded. Notifications may contain your email and select account details, but will not contain information we deem to be extremely private or sensitive. However, depending on your preferences, details like account balances, credit card payment deadlines, credit report changes, identity theft related incidents, or changes to your online privacy exposure may be shared via an alert or notification. Keep in mind, anyone accessing your email can read these notifications. You have the liberty to discontinue any future notifications at any time.
    11. Your Acknowledgement of Rights Granted to Us
    Use of the Services may require you to provide details, data, passwords, usernames, PINs, credentials, login data, materials, and other content to Refresh.me. You are explicitly granting us the right to use that content. In doing so, you are also granting Refresh.me a license to use that content to deliver the Services. The usage of your content, and its storage, will be in accordance with this Agreement and our Privacy Policy.

    You represent that you have the legal right and authority to share and submit such content to Refresh.me for its intended use, without imposing any fee obligations, restrictions, or limitations on Refresh.me. By using the Services, you grant Refresh.me the right to act as your legal agent and access your Account Information shared by third parties with your consent.

    When integrating a financial institution with your account for use of the Services, you will be directly linked to the third party website or server. Refresh.me will transmit details such as usernames, emails, passwords, or other authentication details you provide to gain access to the website or third party service. You grant Refresh.me the right to use and store the data share to adequately provide the Services, and to tweak the Services to be congruent with third-party platforms you provid details for.

    For the purpose of this Agreement, and solely to provide the Account Information to you as part of the Service, you grant Refresh.me a limited power of attorney. You designate Refresh.me as your legal representative and agent to access third party platforms, obtain and use your data with complete authority, and undertake any necessary actions related to such activities, just as you would personally.

    YOU RECOGNIZE AND ACKNOWLEDGE AND AGREE THAT WHEN REFRESH.ME GAINS ACCESS TO AND RETRIEVES ACCOUNT DETAILS FROM THIRD PARTY PLATFORMS, REFRESH.ME REPRESENTS YOU AS YOUR AGENT, AND REFRESH.ME IS NOT AN AGENT OF THE THIRD PARTY THAT MANAGES THAT PARTICULAR PLATFORM.

    The Services are not endorsed by any third-party entities accessible through the Services. Refresh.me does not bear responsibility for payment processing mistakes, fees, or any other issues associated with the Services, including those pertaining to or resulting from incorrect account data. You furthermore agree to not hold Refresh.me liable for any consequence or outcome relating to inaccurate information originating from a mistake within our own systems, or mistakes from that of third parties we integrate with.
    12. Billing, Payments, and Subscription Renewals
    The Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription.

    At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless: (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with this section, or (b) an event relating to fee changes as described in this section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the phone number in your account dashboard which at the time of publishing is 1-855-585-1026, or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.

    You may also be eligible for a refund depending on the specific plan and offer you subscribed to in accordance with the applicable paragraphs below.

    In the event you switch your Refresh.me Subscription plan, we will send you an email confirming the plan change, and reflect any credit or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.

    Certain Services may include a Money Back Guarantee if you are not satisfied for any reason. If a Money Back Guarantee is offered for the Services, the terms of the Money Back Guarantee will be visible in your account profile.

    A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

    Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars.

    If the billing method you provide is a credit or debit card (“Payment Card”), you:

    (a) represent that you are authorized to use such Payment Card;

    (b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;

    (c) agree to keep your Payment Card details valid and current; and

    (d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.

    If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.

    We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you.
    13. Refresh.me Subscription Cancellation (Feature)
    Upon your choosing, you may request Refresh.me to cancel a subscription for you. In doing so, you authorize Refresh.me to contact the associated subscription service provider as your limited agent in order to request cancellation on your behalf. Refresh.me will provide the necessary account details, including but not limited to, your full name, address, any applicable account numbers, associated payment verifications, security codes or other credentials, or other information we deem necessary to successfully process your subscription cancellation with the service provider. In certain situations, it may be necessary for our agents or employees to represent to the associated service provider that they are the account holder - and you hereby consent and agree to such representation for the purpose of executing the subscription cancellation.
    14. Intellectual Property Rights
    The contents of our website, online dashboard, print materials, email templates, creative content (including the “look and feel” of text, fonts, typography, graphics, images, pictures, logos, styles, icons, articles, educational material, alerts and notifications, software), and other similar materials are protected under applicable copyright, trademark, and other laws within the United States and any territories used to access the Services or website.

    The contents of the Services belong to Refresh.me or are licensed or otherwise extended for usage to Refresh.me, or our software, service, or other content suppliers. Any third party trademarks, service marks, images, logos, and works used in the delivery of the Services are the intellectual property of their respective owners and are used for identification purposes only. Use of these names, trademarks and logos does not imply a relationship with Refresh.me.

    Refresh.me hereby extends you the limited and non-transferrable right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal, and non-commercial use only. Any distribution, reproduction (print or electronic) of any content from the Services, whether partial or in whole, is prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.
    15. Prohibited Conduct
    You agree not to:

    1. Use automated tools or methods, such as bots, crawlers, scrapers, or any other data extraction mechanisms, to access, retrieve, or monitor the Services, or any portion thereof, unless you have obtained explicit written permission from Refresh.me, which Refresh.me reserves the right to deny at its own discretion.

    2. Utilize or endeavor to employ any system, application, instrument, or other means (including but not restricted to browsers, spiders, bots, humans, or artificially intelligent entities) to navigate or scrape the Services, apart from the search tools provided within the Services and standard third-party web browsers (like Google Chrome or Microsoft Edge).

    3. Upload or forward any file that harbors malware, viruses, worms, or any malicious or harmful components, or any content that disrupts or impedes the smooth functioning of the Services.

    4. Seek to decipher, disassemble, decode, or reverse-engineer any software that is part of or related to the Services.
    16. Limitations on Guarantees and Assurances
    THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. REFRESH.ME, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER REFRESH.ME OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER REFRESH.ME OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE LIMITATIONS OF OTHER SECTIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
    17. Not a Financial Advisor, Consultant, or Credit Repair Organization
    NEITHER REFRESH.ME, NOR OUR SERVICES, ARE INTENDED TO PROVIDE LEGAL, TAX, CREDIT, CREDIT REPAIR, OR FINANCIAL ADVICE. REFRESH.ME IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR, OR CREDIT REPAIR ORGANIZATION.

    The services provided through Refresh.me are solely intended to provide general information designed to assist in your personal financial organizational efforts, manage your online privacy, extend access to your credit report(s) and score(s), and supply you with helpful information related to decision-making, and is broad in scope. Every person has a unique financial and credit situation, and any information or advice obtained through the Service is not necessarily applicable or appropriate for your personal situation. As such, before making any decisions or implementing any financial strategy resulting, in whole or in part from information consumed through the Services, you should obtain advice from a qualified person such as an accountant, CPA, financial advisor, attorney, or other professional who is fully aware and dedicated to your individual circumstance relating to your personal financial life and situation.

    Furthermore, Refresh.me is not a credit repair organization, service, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice, assistance, counseling, credit protection, or any similar service. Any form of information found on our Site is NOT credit repair advice or legal advice, and is not a substitute for professional legal or credit repair advice. We do not provide any type of legal advice or credit repair advice. THE USE OR RELIANCE OF ANY INFORMATION OR SOFTWARE FUNCTIONALITY CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK AND DISCRETION. Any and all charges and fees in connection with the Services are for the express and sole purpose of granting access to use our self serve software platform, which you agree to use at your own risk.

    We offer no guarantees of performance or results or outcome in relation to raising your credit score, or "cleaning up" your credit or credit history, improving your financial wellbeing, as a result of using our software or consuming information found through the Services. Any actions taken by you in conjuction with our software is done without the knowledge, direction, advice, or counsel of Refresh.me. We are not responsible for any negative actions or outcomes, or any actions or outcomes that result in detriment to you, or any other person or entity, as a result of using our software or information found through the Services. You agree to exonerate us from any and all responsibility for any negative, undesirable, or unexpected outcome as a result of using our software or information.
    18. Limitations of Liability
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $300.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    19. Indemnification
    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
    20. Terminating Your Agreement with Refresh.me
    Refresh.me may terminate your use of the Services or discontinue access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by Refresh.me in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that Refresh.me will not be liable to you or any third-party for any such termination.

    If such termination or discontinuation by Refresh.me occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at the sole discretion of Refresh.me and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact us via the phone number or email address in your account dashboard which at the time of publishing is 1-855-585-1026 and support@refresh.me, and describe the circumstances relating to the termination or discontinuation of your use of the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Refresh.me may have at law or in equity.

    You may terminate these Terms at any time by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services.
    21. Modifications
    Refresh.me reserves the right to modify or discontinue the Sites or Services with or without notice, permanently or temporarily, at any time, for any reason. Refresh.me reserves the right to change the Services and applicable fees from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services at your discretion. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Refresh.me shall not be liable to you or to any third party for any modification, suspensions or discontinuance of the Services.

    Refresh.me may modify this Agreement from time to time and will make a best effort to notify you by electronic means via the email address on file in your account. We make a best effort to ensure the date of last modification is listed within this agreement. By using the Services, you are willingly accepting, and agreeing to be bound by, any changes to the Agreement when you use the Services after those changes are posted.
    22. Dispute Resolution by Binding Individual Arbitration
    Most customer concerns can be resolved quickly and to your satisfaction by contacting us by phone at 1-855-585-1026 or by email at support@refresh.me. In the highly unlikely event that we are unable to resolve a complaint regarding Refresh.me or our service provider(s) (or if Refresh.me and/or Refresh.me's service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you and [Refresh.me and/or Refresh.me's service provider(s)], each agree to resolve those disputes under the Arbitration Agreement contained in this section. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this section) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you and [Refresh.me and/or Refresh.me's service provider(s)], will be entitled to recover attorneys fees to the same extent they would be available in court.

    You and [Refresh.me and/or Refresh.me's service provider(s)], agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA and appear at adr.org. Refresh.me can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against Refresh.me or Refresh.me's service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Services or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).

    You agree that, by entering into these Terms or otherwise using the Services, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU AND [REFRESH.ME AND/OR REFRESH.ME'S SERVICE PROVIDER(S)], 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Refresh.me agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), except to the extent state law provides defenses or exceptions not preempted by the FAA. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this section shall survive any termination, cancellation, or expiration of this Agreement.

    Exceptions: Notwithstanding the foregoing, the following claims are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity: (1) claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA's state law equivalent(s) or (2) claims properly lodged in a small claims court of the United States.
    23. Digital Millenium Copyright Act
    If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide us with the following information so that we may investigate the claim (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

    1. A signature (physical or electronic) of one or more persons authorized to act on behalf of the legal owner of an exclusive right that has been allegedly infringed upon.

    2. Specific and detailed identification of the copyrighted work that is claimed to have been infringed upon.

    3. Specific and detailed identification of the material that you are claiming to be infringing upon the copyrighted work.

    4. Contact information of the person submitting the complaint, as well as contact information for the owner of relevant copyrighted works. This can be a physical mailing address, telephone number or email address by which the complainant may be contacted.

    5. A statement that the complainant has a good faith belief belief that the copyrighted work in question is being used in a manner not authorized by the copyright owner, its agent, or the law.

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The information specified above must be sent to Refresh.me at the following address:

    Refresh.me, Inc.
    740 4th St N
    STE 337
    St. Petersburg, FL 33701
    Email: support@refresh.me

    Note: Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

    Any information that you provide to Refresh.me may be shared with third parties to the extent we deem necessary to investigate or properly respond to your claim.
    24. No Relationship
    These Terms do not create or construe any form partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Refresh.me.
    25. Assignment
    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Refresh.me without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
    26. Additional Terms
    Certain features and functionality of the Services may be subject to different or additional terms, rules, or policies (“Additional Rules”). Not every Subscription will include the same exact features (for example, Subscriptions purchased via an authorized third-party or via an affiliate referral partner may not include all of the same features as a Subscription purchased in absence of a third party or referral partner). Not all features may be available on all devices. Features may be added, changed or removed during the Subscription term. We may provide such Additional Rules to you via postings, pop-up notices, links, emails, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
    27. Entire Agreement
    These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Refresh.me concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
    28. Force Majeure
    Neither Refresh.me nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
    29. Severability
    Unless otherwise specified, if any provision of these Terms is deemeed to be unlawful, void, or unenforceable, then that provision will be considered eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    30. Survival
    Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, such sections include, but are not limited to: Indemnification, Limitations of Liability, Dispute Resolution by Binding Individual Arbitration, Entire Agreement, and any sections relating to governing law, interpretation, jurisdiction, trademark, and copyright.
    31. Third Party Beneficiaries
    Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
    32. Waiver
    The failure of Refresh.me to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Refresh.me. Any cause of action arising out of or related to the Service by you against Refresh.me must commence within one (1) year after the cause of action accrues.
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