Last updated: April 28, 2017
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE BELOW, THE RESET AND YOU AGREE THAT DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND WE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR A JURY TRIAL.
1. Users of the Services
You must be 18 years of age or older in order to register for an Account or to subscribe to receive any content or other marketing or promotional material from us (in any form and via any media), including, but not limited to, our daily circulars One New Thing and Morning Mirror and other marketing and promotional materials you may choose to receive through the Services (a “Subscription”). If you are under the age of 18 or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Services.
Pursuant to 47 U.S.C. Section 230(d) as amended, The Reset hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
By using the Services, you represent to The Reset that:
- You agree to these Terms and Conditions as a binding agreement between you and The Reset.
- If you are between the ages of 13 and 17, your parent or legal guardian has read these Terms and Conditions and agreed to these Terms and Conditions on your behalf.
- You are not barred from using the Services by the laws of the United States, your place of residence or any other applicable jurisdiction.
- If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and Conditions and to agree to these Terms and Conditions on behalf of the business or entity.
- You will use the Services in the manner in which the content you access is intended and in compliance with these Terms and Conditions and with any and all applicable federal, state, local and international laws, rules and regulations. No other rights, assignment, licenses or legal relationship of any nature, including, without limitation, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, express or implied, are created through your use of the Services unless expressly reserved in these Terms and Conditions.
- You will not use the Services or any content provided through the Services to further any commercial purpose, including any advertising or advertising revenue generation advice on your own website or in any other form or medium.
You may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email. Please allow 48 hours for termination to take effect.
2. Content and Ownership
- The Services permit users to publish, transmit, post reviews, ratings, comments, feedback or other materials and share information, images, text or other types of content (“User Content”) through the Services that may be accessible and viewable by the public at large. As a user, you are solely responsible for your User Content communicated or shared through the Services. You understand and agree that The Reset does not claim ownership of any User Content and The Reset will not be responsible for the User Content posted by you on or through the Services and that you use the Services at your own risk. By submitting, communicating or sharing User Content on the Services, you grant to The Reset and its affiliates a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that User Content in any form and in any and all media or distribution methods (now known or later developed), for the purpose of operating, developing, providing, promoting, and improving the Services; developing new services; and making content submitted through the Services available to our business partners for certain purposes. The Reset will own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating the User Content (but not your original User Content). You waive any moral rights you may have in and to your User Content.
- You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of the User Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, confidentiality, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you post on or through the Services.
- You acknowledge and agree that the User Content will not misrepresent your identity or affiliation with any person or organization, including The Reset. You further acknowledge and agree that the User Content will not involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services.
- We do not endorse any User Content and such User Content posted does not reflect our opinions, views or advice. You are solely responsible for your User Content and the consequences of posting and publishing it. The Reset is acting only as a passive conduit for your online distribution and publication of your User Content. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
- We do not have any obligation to prescreen, monitor, edit or remove any User Content. However, we may access, review, and delete your User Content at any time and for any reason, including if we think your User Content violates these Terms and Conditions. The Reset encourages you to maintain your own backup of your User Content. The Reset is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Although it is The Reset’s intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted such as for scheduled maintenance, emergency repairs or due to technological failures.
- You understand and agree that The Reset reserves the right to remove any User Content from the Services for any reason, without prior notice. User Content removed from the Services may continue to be stored by The Reset, including, without limitation, in order to comply with certain legal obligations.
- Notwithstanding our rules with respect to User Content, you may be exposed to content on or through the Services which is inaccurate, objectionable, inappropriate or otherwise unsuited to your purpose or in violation of our Terms and Conditions. The Reset takes no responsibility and expressly disclaims any liability related in any way to your exposure to User Content on or through the Services, whether or not it violates our Terms and Conditions.
- If you choose to submit comments, ideas or feedback to The Reset, you agree that we are free to use them without any restriction or compensation to you.
- You agree that you are responsible for all data charges you incur through use of the Services.
- Certain trademarks, service marks and logos used or provided by The Reset as part of the Services (“Third Party Marks”) are licensed to The Reset by the respective owners of such Third Party Marks. Except as permitted by features of the Services, you agree not to copy, reproduce, publicly display, publicly distribute, transmit or otherwise transfer, the Third Party Marks.
- Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that The Reset may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The Services, the content provided through the Services, and The Reset trademarks, service marks and logos (“The Reset Marks“) on the Services, are owned by or licensed to The Reset, and are subject to these Terms and Conditions, copyright and other intellectual property rights under law. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services, the content provided through the Services, or The Reset Marks except as permitted by these Terms and Conditions.
3. User Account
To use certain functions of the Services you may be asked to set up an Account. You represent that all information you provide to The Reset upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. If you have previously had your access to or use of the Account terminated by us, you may not access or use the Account or Services under any circumstances. You are responsible for all activity that occurs in your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms and Conditions, you agree to be responsible for ensuring that they comply with these Terms and Conditions. In the event of a breach of security or unauthorized use of your Account, please notify us by sending an email to email@example.com.
In using the Services, you agree that you will not:
- Create more than one Account for yourself.
- Create another account if we have already disabled your Account, unless you have our written permission to do so.
- Buy, sell, rent, or lease access to your Account.
- Share your password or Account information with third parties.
- Log in or attempt to access the Services through unauthorized third-party applications.
You may terminate your Account at any time by sending an email to firstname.lastname@example.org. Please all 48 hours for termination to take effect. Our rights under these Terms and Conditions will expressly survive termination of these Terms and Conditions, the cessation of your use of or access to the Services, termination of your Account and/or cancellation of your Subscription.
4. Permissions and Restrictions
The Services are designed to enable you to communicate with the public at large. When using the Services, you agree that you will not:
- Copy or print any of the content provided through the Services, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such content.
- Remove, alter, bypass, avoid, interfere with or circumvent any trademark, copyright or other proprietary notices marked on the content provided through the Services or any digital rights management mechanism, device or other content protection measures either directly or through other means.
- Display, disclose, broadcast, reproduce, download, modify, translate, distribute, transmit, publish, perform, archive, add to, upload, sell, sublicense, index or exploit any part of the Services or the content provided through the Services in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written consent.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Post content that contains graphic violence, threats, hate speech, or incitements to violence.
- Infringe the intellectual property rights, or other rights including rights of privacy and publicity, of any person or entity.
- Spam or solicit users, or conduct or forward surveys, contests, pyramid schemes or chain letters.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of User Content.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any applicable laws or regulations.
In addition, to protect the Services, you agree:
- You will not use the Services for any purpose that is illegal or prohibited by these Terms and Conditions.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
- You will not use or develop any third-party applications that interact with other users’ User Content or the Services.
- You will not use the Services in a way that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not interfere with, modify or alter or attempt to interfere with, modify or alter the Services in any way.
Violation of these Terms and Conditions may, in The Reset’s sole discretion, result in termination of your access to the Services.
5. Copyright and DMCA
Submission of Notice. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent (contact information below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submission of Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts located in San Francisco, California, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Reset may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Reset’s sole discretion.
The Reset Copyright Agent. The Reset’s designated Copyright Agent to receive notifications of claimed infringement is:
The Reset.com, LLC
Attn: Copyright Agent
4104 24th Street, Suite 1017
San Francisco, CA 94114
Telephone number: 1-(844) 752-2351
6. Product and Consumer Terms
Your right to purchase Products from us is subject to your continued compliance with these Terms and Conditions and all applicable laws. Each time you submit an order through the Services, you agree that you do so expressly subject to these Terms and Conditions. You are responsible for reviewing the latest version of these Terms and Conditions every time you submit an order. Your right to access the Services and purchase Products will terminate immediately, without any further action by The Reset, upon your breach of these Terms and Conditions.
In order to make purchases through the Services, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of California, possess a valid credit or debit card issued by a bank acceptable to us and have a shipping address within the United States or any US Territory. You will be required to provide information about yourself that is true, accurate, current and complete in all respects, including, but not limited to, your full name, address and email address and other information as shall be indicated, including payment details and billing information. You represent and warrant that you have the right to use such credit or debit card, that such payment details shall be valid and correct and that the credit or debit card is yours or that you have been specifically authorized by the owner of the credit or debit card to use it and that there are sufficient funds or credit facilities to cover the cost of the Products ordered.
The Reset offers Products for sale that are in stock and available for shipping. In the event Products are not in stock but en-route from our suppliers, The Reset may, in its sole discretion, offer you the opportunity to be added to the wait-list for such Products. Your rights regarding wait-listed Products are the same as those for any other purchase from The Reset. The Reset may, in its sole discretion, offer email updates and notifications when Products are in stock and available for shipping. In such an event, users will be able to register to receive such updates and notifications.
Products purchased by you must be for personal use or purchased as a gift. You may not re-sell or use Products purchased for commercial purposes or for any other commercial benefit. The Reset retains the right to refuse any request made by you and reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or address.
Payment; Orders; Acceptance
You are required to follow the instructions provided through the Services when purchasing a Product. All orders are subject to availability and The Reset’s acceptance of your order. Any Products in your shopping cart are not reserved and may be purchased by other users until your order is complete, accepted and processed by The Reset.
Until the time The Reset accepts your order, we reserve the right to refuse to process your order for any reason, including, but not limited to, the inability to obtain authorization for payment, shipping restrictions for a particular Product, the Products you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Terms and Conditions. The Reset will not be liable to you or any third party for the removal or withdrawal of any Product from the Services. Once an order is placed, you may not cancel your order. Once your order has been accepted and processed by The Reset, you will receive a confirmation email from The Reset acknowledging your order.
Prices shown through the Services are in US Dollars and are exclusive of taxes and delivery charges. While we try to ensure that all information and prices which appear through the Services are accurate, errors may occur. If we discover an error in the pricing of a Product you have ordered, we will attempt to notify you immediately. The Reset will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price. The Reset reserves the right to cancel such an order that has been accepted or is in transit.
The Products purchased through the Services are shipped by a third party carrier. Once your order has shipped, you will receive a confirmation email acknowledging shipment of your order. The Reset is responsible for each Product purchased during the time it is in transit until it is delivered to your specified delivery address. Please note that it may not be possible for the third party carrier to deliver to certain locations, in which case we (or the third party carrier) will inform you using your contact details and arrange for a cancellation of the order or an alternative delivery address. Delivery requirements, options and details will be provided at the time of check out.
To ensure an enjoyable experience, The Reset offers a flexible return policy. Products must be eligible for return and made no later than 14 days from the order date. To be eligible, Products must be returned unused and be in their original packaging with tags attached. The Reset does not assume the risk when you return any Product. You are responsible for ensuring that the return package is adequately insured and packaged. Qualifying returns will receive a refund which will be credited to the original payment method, at which time you will receive a confirmation email of such refund. The Reset typically processes refunds within 24 hours of our receipt of eligible Products, however, it may take up to 10 days for funds to be credited to the original payment method. Please contact us at email@example.com for questions about returns or defective products.
7. The Reset Disclaimer; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTY OF ANY KIND. THE RESET EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE, COMPATIBILITY, SECURITY AND ACCURACY, TITLE, NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
THE RESET DOES NOT WARRANT, GUARANTEE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED THIRD PARTY WEBSITE. THE RESET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED THIRD PARTY WEBSITE. THE RESET EXPRESSLY DISCLAIMS ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED THROUGH ANY SOCIAL MEDIA CHANNEL IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU SET IN SUCH SOCIAL MEDIA ACCOUNT.
THE RESET DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE RESET ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. THE RESET MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE THE UNITES STATES. ACCESS TO THE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITES STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RESET, ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES; (D) FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USER CONTENT, EVEN IF THE RESET, ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RESET’S AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE USE OF THE SERVICES OR US$100.00, WHICHEVER IS LESS.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the ServiceS, and no warranties shall apply after such period.
under no circumstances will the reset and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from the unauthorized access or use of the services, your data or YOUR account or the information contained therein. the reset reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. you waive any hold harmless the reset and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure.
8. Medical Advice; Nutrition and Fitness
No part of the Services or any other materials made available through the Services is intended to offer medical advice. The Informational Content (as defined below) provided through the Services are for informational purposes only. The Informational Content is not intended to be a substitute for professional medical advice, diagnosis or treatment.
By accepting these Terms and Conditions, you expressly acknowledge and agree that the Informational Content is for informational purposes only and should not be used in place of the advice of a physician or medical professional. You should never disregard or delay medical attention or advice as a result of any Informational Content provided through the Services. Moreover, the transmission and receipt of any Informational Content, in whole or in part, or communication via the Internet, e-mail, telephone or other means, does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and The Reset, its affiliates or third parties.
The Informational Content may periodically include fitness and athletic information. By accepting these Terms and Conditions, you expressly acknowledge and agree that certain athletic and fitness activities carry inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with such activities, even if caused in whole or in part by our action, inaction or negligence or by the action, inaction or negligence of others. The Reset strongly urges that you consult with your physician or healthcare provided before beginning any new athletic and fitness activities.
While The Reset strives and intends that the Informational Content be current and reliable, the Reset cannot and does not make any such guarantee or warranty. The Reset shall not be liable for your reliance on the Informational Content and The Reset disclaims all liability in connection with such information.
For purposes of these Terms and Conditions, “Informational Content” means all medical, nutrition, fitness and general information, including, without limitation, information with respect to age, marriage, personal development and physical and mental health, provided on the Services, including, but not limited to, information provided through the website or social media channels, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by The Reset or by users of The Reset’s Services or third parties.
9. Changes, Modifications and Termination
The Reset may change the Services at any time, including adding or removing features, in our sole discretion and without notice or liability. Any description of features on the Services shall not be considered to be a representation by The Reset that such features will always be included on the Services. The Reset may also suspend the Services at any time, in its sole discretion, and without prior notice to you. The Reset may terminate your access to the Services at any time, including termination of your Account, without prior notice to you or liability. Accordingly, for any reason, and without notice, all or any part of the Services may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Services, including the web site, or terminate your Account, The Reset is not responsible for providing you with any information or content. The Reset may delete your other preferences and interests to the extent stored in your Account. You have no recourse with regard to any information that The Reset deletes regardless of any value you may ascribe to such information. We expressly disclaim any value that you may attribute to any of your information stored on our servers.
You may terminate these Terms and Conditions by ceasing to use the Services and terminating your Account.
The Reset may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. You may not modify or revise these Terms and Conditions. A revised Terms and Conditions will be effective as of the date it is posted on the Services and you agree to read and be bound by any such updated Terms and Conditions.
10. Indemnity and Release
You agree to indemnify, defend (at our request), and hold harmless The Reset, and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, shareholders, employees, agents, partners and service providers (the “Indemnified Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services or any element or component thereof by you or any other person accessing the Services via your Account, email account(s), social media account(s) or ISP address (including negligent or wrongful conduct); (b) your User Content; (c) your violation of any third party right; and (d) your breach of these Terms and Conditions.
11. Location of Service
The Reset makes no representations that the Services are appropriate or available for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
THE FOLLOWING PARAGRAPHS REQUIRE YOU TO ARBITRATE MOST DISPUTES WITH THE RESET:
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than US$10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is US$10,000.00 or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and The Reset. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms and Conditions. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon each of us.
Waiver of Jury Trial. YOU AND THE RESET WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and The Reset are instead electing to have all claims and disputes resolved by arbitration. If any litigation should arise between you and The Reset over whether to vacate or enforce an arbitration award or otherwise, YOU AND THE RESET WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth below.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Small Claims Court. Notwithstanding the foregoing, either you or The Reset may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your agreement with The Reset.
13. General Provisions
Assignment; Third Party Beneficiaries: These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Reset without restriction. Except for person entitled to indemnification hereunder, no third party shall have any rights hereunder.
Governing Law: These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Claims or Disputes: Solely in the event of any claim or dispute between you and The Reset that is not subject to the Arbitration provision of these Terms and Conditions, you and we agree that such claim or dispute will be brought exclusively in a court of competent jurisdiction located in San Francisco, California, USA. The prevailing party in any such claim or action shall be entitled to an award of its reasonable attorneys’ fees and costs. The Reset’s rights and remedies hereunder are cumulative and not exclusive.
Severability; Waiver: If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Reset’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from The Reset electronically. The Reset may provide all such communications by email or by posting them on the Services. For all-related inquiries, you may contact us at firstname.lastname@example.org.