Policies
Last updated: December 15th, 2024
Return Policy
Return with Ease: Your Assurance Matters to Us
Eligibility
You have 30 calendar days from the date of receipt to return an item. To qualify for a return, the item must be unused and in the same condition as when you received it, including being in the original packaging. Please note that certain items are non-returnable, such as those purchased with a discount, on sale, or with a gift card.
Process
To initiate a return, please contact our customer service team at hello@getresetcare.com. Please provide your name, order number, and the reason for your return request. Our team will then provide you with a return authorization and instructions on how to return your item.
Conditions
Once we receive your item, we will inspect it and confirm that we have received it. After inspecting the item, we will inform you immediately about the status of your refund. If your return is approved, we will process a refund to your original method of payment. You will receive the credit within a certain number of days, depending on your card issuer’s policies.
Return Shipping
You are responsible for paying the shipping costs to return your item. Please note that shipping costs are non-refundable.
Contact us
If you have any questions about how to return your item, please contact us at hello@getresetcare.com.
Satisfaction and Refund Policy
If you’re not completely satisfied, we’ll make it right!
At Reset Care, we are committed to ensuring your complete satisfaction with our products. If for any reason you are not entirely happy with your purchase, you can return it within 30 days for a refund.
Satisfaction Guarantee
To initiate a return, please contact us at hello@getresetcare.com within 30 days of receiving your order. Please return the product for inspection. You are responsible for the shipping costs to return the product. Shipping costs are non-refundable. This guarantee only applies to your first trial of our product. We will issue a refund for one unit per customer on the first order, excluding shipping and handling costs. For example, if you order Reset Care’s Revival Shot 6-pack and 12-pack, only one item is eligible for a refund. Refunds are only applicable to items purchased at full price. Items purchased with a gift card are not eligible for return. When initiating a return, please provide your name, order confirmation number, and reason for the request. To prevent abuse of this policy, we reserve the right to refuse or restrict our guarantee based on our discretion and best judgment.
Damaged Goods
We strive to ensure that your order arrives in perfect condition. However, if you receive a damaged item(s), we are committed to making it right. Please follow the steps below to resolve the issue:
Reporting a Damaged Item
Contact our customer service team within 48 hours of receiving your order. Please provide your order number and a detailed description of the damage. Include clear photos of the damaged item(s) and the packaging.
Return Process
Once we verify the damage, we will provide you with a prepaid return shipping label. Please use the provided label to return the damaged item within 14 days.
Refunds
After we receive and inspect the returned item, we will process a refund to your original payment method. You will receive the credit within a certain number of days, depending on your card issuer’s policies.
Exceptions
This policy applies only to items that are damaged upon arrival. It does not cover damages caused by misuse, accidental damage, or normal wear and tear. We reserve the right to deny a refund if the damage is not reported within the specified timeframe, if the item is not returned within the specified period, or if the provided documentation is insufficient. We are committed to your satisfaction and will work diligently to resolve any issues with damaged item(s). If you have any questions or need further assistance, please contact our customer service team at hello@getresetcare.com.
Please send returns to:
Reset Care Returns
10720 Westminster Ave.
Garden Grove, CA 92843
Amazon Returns
If you purchased our product on Amazon and are not satisfied, please process your return or request a refund directly through the Amazon website or app. Unfortunately, we are unable to assist with these transactions, as they are managed exclusively by Amazon.
Privacy Policy
This Privacy Policy describes how Reset Care (the "Site," "we," "us," or "our") collects, uses, and discloses your personal information when you visit, use our services, make a purchase from www.getresetcare.com (the "Site"), or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using or accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date, and take any other steps required by applicable law.
How We Collect and Use Your Personal Information
To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us. In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and protect or defend the Services, our rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information,” we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
- Basic contact details, including your name, address, phone number, and email.
- Order information, including your name, billing address, shipping address, payment confirmation, email address, and phone number.
- Account information, including your username, password, and security questions.
- Shopping information, including the items you view, put in your cart, or add to your wishlist.
- Customer support information, including the information you choose to include in communications with us, for example, when sending a message through the Services.
Some features of the Services may require you to provide certain information about yourself directly. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels, and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
We may obtain information about you from third parties, including vendors and service providers who may collect information through your usage of our website, such as:
- Companies who support our Site and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment, fulfill your orders, and provide you with products or services you have requested in order to perform our contract with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online technologies such as pixels, web beacons, cookies, and similar technologies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties, nor are we responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
Such circumstances may include:
- Providing Products and Services. We use your personal information to deliver our Services to you as agreed in our contract. This includes processing your payments, fulfilling your orders, sending notifications related to your account, purchases, returns, exchanges, or other transactions, and creating, maintaining, and managing your account. Additionally, we use your personal information for arranging shipping, facilitating returns and exchanges, and enabling you to post reviews.
- Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as sending marketing, advertising, and promotional communications by email, text message, or postal mail, and showing you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
- Security and Fraud Prevention. We use your personal information to detect, investigate, or take action regarding possible fraudulent, illegal, or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately at hello@getresetcare.com.
- Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests to be responsive to you, provide effective services, and maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies we use in related to powering our store with Shopify, see Shopify’s Cookies Policy. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), run analytics, and better understand user interaction with the Services (in our legitimate interests to administer, improve, and optimize the Services). We may also permit third parties and service providers to use Cookies on our Site to better tailor the services, products, and advertising on our Site and other websites. Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes, subject to this Privacy Policy. Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment, and shipping).
- With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
- When you direct, request, or otherwise consent to our disclosure of certain information to third parties, such as to ship your products or through your use of social media widgets or login integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
We disclose the following categories of personal information and sensitive personal information about users for the purposes set out above in How We Collect and Use Your Personal Information and How We Disclose Personal Information:
- Category. Identifiers such as basic contact details and certain order and account information. Commercial information such as order information, shopping information, and customer support information. Internet or other similar network activity, such as Usage Data.
- Categories of Recipients. Vendors and third parties who perform services on our behalf (such as internet service providers, payment processors, fulfillment partners, customer support partners, and data analytics providers), business and marketing partners, affiliates.
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
We may share personal information for the purposes of business and marketing activities as follows:
- With vendors or other third parties who perform services on our behalf (e.g. payment processing, analytic service, customer support, marketing and advertising service, fulfillment, and shipping).
- With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user-generated content to any public area of the Services, this content will be public and accessible by anyone. We do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available or for the accuracy, use, or misuse of any information that you disclose or receive from third parties.
Third Party Websites and Link
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children’s Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information from children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request its deletion. Our websites and online services are designed for use by adults 21 years and older. We do not intend for them to be used by anyone under 21 years of age. We do not knowingly collect personal data from children under 21 without parental consent. Therefore, we ask that individuals under 21 do not submit any personal information to us.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. How long we retain your personal information depends on various factors, such as whether we need the information to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances, and, in certain cases, we may decline your request as permitted by law.
- Right to Access/Know. You may have the right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete. You may have the right to request that we delete personal information we maintain about you.
- Right to Correct. You may have the right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Restriction of Processing. You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent. Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal. You may have the right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us at hello@getresetcare.com.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Your California Privacy Rights
In accordance with California Civil Code Section 1798.83, residents of California have the right to request information regarding the disclosure of their personal information to third parties for direct marketing purposes. You are entitled to request and receive, once per year and at no cost, details about whether we have shared your personal data with third parties for their marketing activities in the past calendar year. If we have done so, you will receive a list of the types of personal information disclosed and the names and addresses of all third parties with whom we shared this data. We also comply with this law by providing users the option to opt-out of having their personally identifiable information shared with third parties for marketing purposes. If you are a California resident and wish to make such a request, please contact us at hello@getresetcare.com.
Opt-Out Policy
If you wish to stop receiving information from us after registering, have concerns about how your information is being used, or do not want your personal information shared with third parties for marketing purposes, please contact us at hello@getresetcare.com.
Complaints
If you have complaints about how we process your personal information, please feel free to contact us. If you are not satisfied with our response to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, please reach out to us at hello@getresetcare.com.
Terms of Service
This website is operated by Reset Care. Throughout the site, the terms “we,” “us,” and “our” refer to Reset Care. Reset Care offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information that is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Products or Services
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or refund only according to our Return/Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product Information
The statements on this website have not been evaluated by the Food and Drug Administration. Reset Care’s products and Services are not intended to diagnose, treat, cure, or prevent any disease. The information provided on this website is for informational and educational purposes only. If you have any concerns regarding Reset Care’s products, we advise you to consult with your doctor before using any of Reset Care’s products.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
California Residents
In accordance with California Civil Code Section 1789.3, California users have certain consumer rights. California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
International Users
Our Site is managed and operated from our location in the United States of America. We do not intend for our Site to be governed by the laws of any state, country, or territory outside of the United States. Any statements or information regarding the usage and efficacy of our product adheres to regulations within the United States. Those who choose to access our Site from other locations do so at their own discretion and assume all risks associated with following local laws, regulations, and statutes. We reserve the right to restrict access to our Site, in part or in whole, to any individual, geographic area, or jurisdiction at our discretion at any time.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Reset Care, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Reset Care, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Dispute Resolution
We are committed to resolving your issues without resorting to formal legal action. If a dispute is not resolved through our usual business practices, please send a notice to hello@getresetcare.com. We will make every effort to resolve the issue. If the dispute remains unresolved within 30 days of your submission, you agree to the arbitration term outlined below.
Arbitration
You and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement, Company, Site, Terms of Service, and Privacy Policy shall resolved by arbitration. The place of arbitration shall be Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause does not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidentiality of the arbitration proceeding and the Award, including the Hearing, except as necessary to prepare for or conduct the arbitration hearing, or in connection with a court application for a preliminary remedy, or a judicial challenge to an Award or its enforcement, or as required by law or judicial decision. This Agreement and the parties’ rights hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator(s) will not have the authority to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator must adhere to the applicable laws and the stipulations of this Agreement and Privacy Policy. Failure to do so will be considered an overreach of arbitral power and open to judicial review. This arbitration agreement remains valid even if your account or access to the Site is terminated. If the arbitration provisions are deemed inapplicable to you or a particular claim or dispute, whether by your choice or by a ruling from the arbitrator or a court, you agree that any such matter must be settled solely by a state or federal court in Orange County, California. Both parties consent to the jurisdiction of the courts in Orange County, California for resolving such claims or disputes. Any claim or action related to your use of our products and/or Services must be filed within one year from the date the issue or cause of action occurred, notwithstanding any conflicting statute or law. Failure to do so will result in the claim or cause of action being permanently voided.
Class Action Waiver
By agreeing to these Terms, you waive the right to participate in class actions, class arbitrations, or any other representative actions. All claims and disputes must be arbitrated on an individual basis and cannot be consolidated with those of any other person or entity.
Opt-Out Arbitration Agreement
You may opt out of this arbitration agreement by notifying us via email at hello@getresetcare.com within 30 days of accepting these Terms of Service. Please include your full name and a statement indicating that you are opting out of this arbitration agreement.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information
If you have any questions about the Terms of Service, please reach out to us at hello@getresetcare.com.