Terms of Service

These Terms of Service (“Terms”) set out the terms and conditions on which the RestlessUrban.com website and associated social media profiles (collectively “the Site”) are available for you to use. By accessing and/or using the Site, you agree that you have read, understood and agree to be bound by these Terms. If you do not wish to agree to these Terms, do not use the Site. If you have any questions or concerns about these Terms, you can send them by email to privacy@restlessurban.com.

Ownership

Restless Urban LLC (referred to in these Terms as “Restless Urban,” “we,” or “us”) is the owner and sponsor of the Site.

Changes

We may change these Terms at any time, for any reason at our sole discretion and without notice. The current terms will always be available through the Site. If you continue to use the Site after the effective date of a change to the Terms, that means you have accepted and agree to the changed terms. If you object to any of the changes, then your sole recourse is to stop using the Site.

Use By Minors

THE SITE IS ONLY FOR PEOPLE AGE 18 OR OLDER, and is targeted to middle-aged adults. You are not authorized to use the Site unless you are at least age 18. If you are a parent or guardian and you allow your child to use the Site, you agree that you and your child will comply with these Terms, and you are legally responsible for any conduct of your child with respect to it.

Privacy Policy

We respect your privacy and share your concern about its protection. The Privacy Policy is a part of these Terms and is incorporated in these Terms by reference. Please review the policy to make sure you understand how we may collect, use and protect information that we learn about you as a result of what you do on the Site. By agreeing to these Terms, you also agree to the Privacy Policy.

Content

By “content,” we mean basically everything you can see on the Site: pictures, video, audio, articles, features, stories, podcasts, messages, posts, comments, and more. There are two types of content on the Site: what we put on there, and what users like you put on there.

Our Content: Everything that we put on the Site we either own or have the right to use it from whoever does own it. It’s all protected by the copyright laws, trademark laws, and various other laws. Subscribing to, using and following the Site does not give you ownership of any of the content, in any way. We give you permission to use it on the Site, but only while you are there and for whatever you might do there, and only for your personal, non-commercial use. Feel free to talk about, comment on, and interact with everything and everyone on the Site in any appropriate way, but realize that you don’t get any rights to use any of the content outside the Site, and certainly not for any commercial purpose.

User Content: All content that is posted to the Site by a user – including you – is the sole responsibility of the user who originated it. Generally speaking we don’t own that content, and the poster retains ownership of it. However, by posting or contributing any content, you give us the perpetual right to display it and use it. We don’t have to keep using or displaying it on the Site, but we can, forever. We can also do anything else with it – for example, we might edit your story and feature it on the Site, or we might combine your photos with those of others in the photo gallery, or we might develop new features or content on the Site, or even develop commercial products for sale, that are based on ideas or suggestions contained in content or posts by you or other users, and we have no obligation to compensate or notify you.

We have no obligation to preserve or maintain any content posted by you or any other user. In fact, we can remove it from the Site at any time, for any or no reason, and without notifying the user who posted it. We reserve the right to monitor all content posted to the Site, and to take down anything we think should come down, but we don’t have to. We aren’t responsible for anything another user may post to the Site. If you see something posted that you find improper or offensive, feel free to let us know, but your main remedy is to stop looking at it.

Some of the Content reflects the opinions, recommendations, and ideas of the poster. Some Content is based on then-current science or trends. Some Content may review new products, new publications, events or experiences. In all cases, Restless Urban is not responsible for the accuracy of the Content, nor are we responsible for any actions or lack of actions you may choose to take or not take as a result of your exposure to the Content. The appearance of Content on the Site does not constitute an endorsement by Restless Urban. The Content is provided for your consideration and entertainment, but you rely upon it at your own risk.

Intellectual Property

We own all trademarks, service marks, trade dress, logos, copyrights, design rights, trade secrets, rights to databases and compilations, and other intellectual property rights in and to the Site, including but not limited to the RESTLESSURBANTM word mark and logo and the graphical user interface (collectively the “Restless Urban IP”). Other product and service names that may appear on or be accessed through the Site are trademarks, trade names, or service marks owned by third parties. As explained above, some content on the Site may belong to third parties who have given us permission to display it. You agree not to copy, download, distribute, make derivate works, or make any commercial use of the Restless Urban IP or any third-party IP displayed on the Site. You also agree not to attempt to hack, reverse engineer, decompile or disassemble the Site software or otherwise attempt to change its functionality or derive its source code, except where expressly permitted by law.

Feedback

We welcome your feedback, comments and suggestions, particularly on the social media profiles of the Site. We also invite you to share your story or journey, including photos and videos, on the Site. If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, offerings, product/feature names, or any related documentation, artwork, computer code, diagrams, photographs, videos, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

  • We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  • Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
  • You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Appropriate Use

The Site offers various things to do and various ways for you to interact with others. Those activities and tools are offered for your personal information and entertainment. Please use them only for that purpose. We are trying to create a supportive community, so please be thoughtful and respectful of others. If you are on one of our social media profiles, then the terms of use and policies of that platform will also apply.

Please don’t:

  • Try to hack the site, or access anything you are not supposed to, like other user data, for example.
  • Post or transmit anything containing or referencing obscenities, illegal behavior, bullying, threatening or abusive behavior or language.
  • Post or transmit anything you don’t have the right to use.
  • Post or transmit ads or commercial messages.
  • Download or summarize or abstract the Site or any of its content for use anywhere else.
  • Post or transmit anything that might overburden or harm the Site – files too large for the infrastructure to handle, viruses, Trojans, bots, and so on.

If you do any of those things, or if you do anything else that we think interferes with the ability of other people to enjoy the Site, we have the right to bar you from the Site.

Linking

The Site may contain links and pointers to other internet sites and resources. These are provided for your convenience, and we don’t necessarily endorse them or guarantee their availability. If you choose to follow any links to off-Site pages, proceed at your own risk.

Limitation of Warranties and Remedies

THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

The Site is provided to you “as is.” We make no promises that the Site is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the Site will be free from viruses or other harmful components. You use the Site at your own risk.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnification by You

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Restless Urban and its officers, owners, employees, agents, and contractors from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) by any third party arising out of or relating to any actual or alleged violation of these Terms by you. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense).

How Disputes Are Resolved and What Law Applies

When you accept these Terms, you and we are making an agreement. That agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State.

If you and we have any sort of legal dispute or claim arising out of or relating to your use of the Site, and it can’t be resolved by friendly discussion, then you agree that it will be submitted to final and binding arbitration conducted in accordance with the Nonadministered Arbitration Rules (the “Rules”) promulgated from time to time by the International Institute for Conflict Prevention & Resolution (“CPR”) (www.cpradr.org), by a single arbitrator selected in accordance with the Rules. The arbitration will take place in New York City, New York. Neither punitive damages nor trebled or otherwise escalated damages shall be awarded. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement thereof as the law of such jurisdiction may require or allow. This provision is subject to the Federal Arbitration Act, 9 U.S.C.A. § 1 et seq.

Notice and Procedure for Making Claims of Copyright Infringement

The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.

If you believe in good faith that materials hosted on the Site infringe your copyright, you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:

  1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is 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.

Claims of infringement which include the above required information must be submitted via e-mail to the Designated Agent as follows:

Julia C. Archer, Esq.
Enns & Archer LLP
939 Burke Street, Suite J
Winston-Salem, NC 27101
jarcher@ennsandarcher.com

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512. If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.

Other Provisions

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or statements between you and us with respect to the subject matter hereof.

  • Effective Date: January 1, 2024
  • Last Updated: March 11, 2024