Terms and Conditions

Terms of Use

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, located at https://theflexbeam.com, and the tools we provide you (the “Website” or the “Service”). It was last posted on August 7th 2020. The terms, “we”, “us” and “our” as used in this Agreement refer to Recharge Co. Ltd. (“Recharge”)

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible at https://theflexbeam.com/privacy,  and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

Recharge grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of personal energy devices and related services through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Recharge. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Recharge aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Recharge, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Recharge. Recharge prohibits use of any logo of Recharge or any of its affiliates as part of a link to or from any Website unless Recharge approves such link in advance and in writing. Fair use of Recharge’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Recharge. Such links are provided for your reference only. Recharge does not monitor or control outside Websites and is not responsible for their content. Recharge’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Recharge’ inclusion of the links imply that Recharge is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

The information presented on or through this website is not intended to diagnose, treat, cure, or prevent any disease.  If you have a medical condition, consult a physician before using any personal energy device of Recharge, or making a decision based solely on the information provided on our site(s).

Postings on our Website are made at such times as Recharge determines in its discretion and are made for general information purposes only.  You should not assume that the information contained on our Website has been updated or otherwise contains current information. Recharge does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. ANY RELIANCE YOU PLACE ON THESE MATERIALS IS STRICTLY AT YOUR OWN RISK.

 Medical Advice Disclaimer

You understand that we offer personal energy devices or wellness devices,  that although accredited as medical devices, are not strictly intended for  medical purposes such as diagnosing, preventing, treating or curing diseases.   You acknowledge that we are not physicians nor do we offer medical advice. We do not otherwise guarantee the medical or health accuracy or applicability of any product for your medical needs. You will at all times look to any medical practitioner that you select for services as to any medical claims related to such services.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY RECHARGE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RECHARGE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. RECHARGE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER RECHARGE OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL RECHARGE’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Recharge FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING,  RECHARGE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO PHYSICIANS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. RECHARGE AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE WITH REGARDS TO CURING OR TREATING MEDICAL CONDITIONS OR DISEASES.

RECHARGE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold Recharge its affiliates, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Remedy

YOU AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR UNSATISFACTORY SERVICE AND/OR PRODUCT SHALL BE TERMINATION OF THE SERVICE AND A REFUND OF ANY AMOUNT ALREADY PAID BY YOU (“THE CUSTOMER”) FOR THE PRODUCT(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE AGGREGATE LIABILITY OF RECHARGE AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, INCLUDING ANY NEGLIGENCE ON YOUR PART, FOR ALL CLAIMS RELATING TO THE SERVICE OR PRODUCT IS LIMITED TO THE AMOUNTS PAID BY YOU TO RECHARGE AND/OR, ITS RESELLER OR AFFILIATE WITH RESPECT TO YOUR PRODUCT(S) PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

Governing Law

Any claim relating to this or any other of Recharge’s website(s) shall be governed by the laws of the Kingdom of Thailand and the courts of the city of Chiang Mai, without regard to its conflict of law provisions.

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