Privacy Policy & Terms of Use

Welcome to Enservio’s ReStore Mall. This document is intended to provide you, as a site visitor, with information on two subjects. First, it explains what information Enservio, Inc. (“Enservio” or “we”) collects from individuals who visit the ReStoreMall.com website (“ReStoreMall.com” or the “Site”) and how Enservio uses and maintains that information. Second, it explains the terms and conditions under which you are authorized to use the Site services.

By using the Site, taking advantage of any Site offers or promotions, or otherwise participating in Site offerings, you are accepting the terms of this Enservio Privacy Policy and Terms of Use, including Enservio’s rights to use your personal information as described below.

The Enservio Privacy Policy and Terms of Use (the “Policy”) may be modified at any time and from time to time by Enservio. The current version of this Policy can always be found under the Privacy button on the Site. You can tell if there have been changes to this Policy by checking the “Last Updated” and “Effective” dates at the top of the Policy page. Your continued use of the Site, Site content or Site activities and offerings after there has been a Policy update will constitute your acceptance of the revised terms of the Policy.

1. Establishing an Account

When you establish an account on the Site, you hereby represent that all information you provide will be true, accurate, complete and current as of the date you set up your account. You also agree:

  • that you will maintain your account information and password as confidential;
  • that you will not allow any third party to use your account;
  • that you will not use your account for any purpose other than to take advantage, for your personal use, of Site offers;
  • that you will not use your account on behalf of or for the benefit of third parties;
  • that you will not misprepresent or misuse registration information;
  • that you will update your account information as needed to maintain its currency and accuracy; and
  • that any use of your account information and password by a third party will be your responsibility.
2. Site Content; Disclaimer of Warranty.

The Site is intended to provide you with access to valuable merchant discounts and other information which may be of interest to you. While Enservio uses reasonable efforts to ensure the accuracy of the Site content, you understand that such content are provided “AS IS.” To be clear, Enservio expressly disclaims any and all warranties and representations with respect to such content, including implied warranties of accuracy, completeness, currency and non-infringement. Without limiting the foregoing, Enservio expressly disclaims liability of any kind and makes no warranty or representation of any kind with respect to the accuracy, completeness or currency of offers presented by merchants on the Site.

3. Types of Information Collected

We collect two kinds of information (“Information”) through the Site. The first kind is Information that can identify you as a specific individual - such as your name and email address ("PII"). We do not collect personal financial information or personal health information.

The second kind of Information is non-personally identifiable information (“NPII”) of the kind collected and stored automatically by many websites. It includes, for example, information about your Internet service provider, operating system, type of browser, geographic location, and pages viewed on Enservio. Although this information is related to you, it is not associated with your PII and cannot be easily linked to you personally.

4. Collection of PII

Enservio collects PII in the following ways:

  • If you register on the Site, you will be asked to provide certain PII to allow us to establish your account, communicate with you, or provide follow-up information.
  • When you notify us of a problem with the operation of the Site or when you submit a suggestion, complaint, question, request, or any other e-mail correspondence, Enservio asks for your e-mail address so that you can receive a response. This information will only be used to notify you of receipt of your submission and to address your comments or concerns.

We do not intend to collect PII from anyone we know to be under 16 years of age. If you are under 16, you should not be submitting any PII. By providing us with your PII, you are representing that you are over 16 and you are authorizing our use and disclosure of your PII as described in this Policy and any subsequent revisions to this Policy that we may publish on the Site.

5. Use and Sharing of Personally Identifiable Information

Enservio reserves the right to use your PII: (1) for the specific purpose for which such information was provided; (2) for the purposes disclosed at the time such information is provided; or (3) as disclosed in this Policy. However, please note that, as described above, we may change this Policy at any time Therefore additional uses of your PII may be authorized in the future. You should check the Site for updates to this Policy regularly in order to ensure you know how your PII may be used and with whom it may be shared.

Enservio may use your PII to notify you of new services, products and other offers you may find valuable. You can opt out of these emails by following the "unsubscribe" instructions in any email.

Enservio may also share your PII with third parties, including parties who advertise on or through the Site, who we believe are able to provide you with special offers and opportunities (our “Business Partners”). Each of these Business Partners may have their own privacy policies with terms that are different than those set forth in this Policy. Enservio expressly disclaims any liability and takes no responsibility for any failure of any third party receiving your PII to adhere to this Policy.

If Enservio, or all or a portion of its business, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, or similar event, your PII may be transferred to the third party as a result of that event.

And of course, Enservio reserves the right to disclose your PII when we believe that disclosure is necessary to protect our rights (or the rights of our employees and affiliates persons and entities), or the rights of other Site visitors, and/or to comply with a judicial or regulatory proceeding, court order, legal process, government request, or in similar circumstances.

6. Collection and Use of NPII

As is the case with many websites, we automatically gather certain anonymous technical and statistical information is collected whenever you visit our Site through cookies, beacons, tokens, or similar technologies. We use this information to customize your experience on ReStoreMall.com and to help us improve the quality of the Site and Site offerings. We may also use this information on an aggregated, statistical basis to analyze market trends, requirements, interests and similar information. This information may include your IP (Internet protocol) address, Internet service provider, operating system, type of browser, geographic location, and pages viewed on ReStoreMall.com.

7. Proprietary Rights

The Site content is the property of Enservio or third parties and is protected by U.S. and foreign laws protecting intellectual property rights, including those protecting copyrights and trademark. Any copies you may make of Site content should include all proprietary notices and marks contained in the original. The trademarks, logos, and service marks (whether or not registered, collectively the "Trademarks") displayed on the Site are Trademarks of Enservio and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without Enservio’s written permission or the written permission of the third party that owns the Trademark.

8. Security

We have implemented technical, administrative and physical security measures to protect Information from unauthorized access and improper use. We use commercially reasonable methods to protect this information (including but not limited to firewall protections which is maintained by us or third parties under contract with us). All Information is encrypted when transmitted to and from our site. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though, that, despite our reasonable efforts, no security measures are impenetrable and any connection you make with the Site or information you transmit to the Site will be at your own risk.

9. Links from the Site

Enservio provides links to the websites of certain third parties. If you link to any of these third party Web sites, this Policy will not apply to your use of those sites. We encourage you to read the legal notices posted on these sites, including their privacy policies. Enservio shall have no responsibility or liability for your experience with, and the data collection and use practices of such third party sites and software. All inquiries concerning the use of PII by a third party should be communicated to that third party. Enservio makes no representation as to the quality, performance or content of any such third party sites. You understand and acknowledge that any access or use that you make of the same is at your own risk and Enservio has no responsibility or liability for damages or other costs, expenses or claims, of any kind and based on any theory of law or equity, including negligence, arising out of such access or use.

10. Copyright Protection

If you believe that any content on this Site violates your or a third party’s copyright, you should contact Enservio immediately by email to customerservice@restoremall.com . For your notice to be effective, it needs to include the following:

  1. your electronic or physical signature;
  2. sufficient information to identify the copyrighted work that you claim has been infringed;
  3. a description of the infringing content and the location on the Site of such infringing content;
  4. your name, address, telephone number and/or email address so that we may contact you;
  5. the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
  6. the following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
  7. If Enservio receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing content was removed as a result of mistake or misidentification, the content may be reinstated.
11. Limitation on Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL ENSERVIO, ITS OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN SUPPORTING THE SITE OR ENSERVIO SERVICES RELATED TO THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF REPLACEMENT GOODS, OPPORTUNITY COSTS, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE AND/OR ASSOCIATED ENSERVIO SERVICES, EVEN IF SUCH DAMAGES WERE FORESEEABLE BY ENSERVIO.

WITHOUT LIMITING THE FOREGOING, BUT FOR AVOIDANCE OF DOUBT, ENSERVIO SHALL HAVE NO LIABILITY TO YOU OR ANYONE CLAIMING THROUGH YOU FOR DAMAGES OF ANY KIND, DIRECT OR INDIRECT, BASED ON LAW, CONTRACT, EQUITY, TORT OR OTHERWISE, ARISING OUT OF IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS OR SERVICES BASED ON ANY PROMOTION, CONTENT OR LINK FROM THE SITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT ALLOWED BE LAW, ALL SITE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENSERVIO EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, ACCURACY, CURRENCY, COMPLETENESS, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR TRADE.

12. Indemnification

You agree to indemnify and hold harmless Enservio, its officers, directors, employers, licensors and business partners, and any other party providing services in connection with the Site from any and all damages, claims or liabilities (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the Site and Site activities, including, without limitation, your participation in Site promotions and your conduct and transactions with third party merchants pursuant to promotions offered through the Site.

13. General

This Policy constitutes the entire agreement between you and Enservio with respect to your use of the Site and your provision and Enservio’s collection of Information on the Site. This Policy can only be modified by Enservio as first referenced above. If any portion of this Policy is deemed void or unenforceable, then that provision shall be deemed severable from the Policy and the remaining terms shall remain in full force and effect.

This Policy is governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts By accessing or using the Site, Site content, Site promotions or Site activities, you are agreeing to submit all disputes or claims you may have relating to or arising out of or in connection with the Site, Site content, or Site activities to federal or state courts located in Suffolk County, Massachusetts, and you hereby agree to the personal jurisdiction of such courts and waive all objections to venue therein.

QUESTIONS AND CONCERNS

If you have any questions or concerns about this Enservio Privacy Policy and Terms of Use or its implementation, please email us at customerservice@restoremall.com For general questions about the Site, please email us at customerservice@restoremall.com