ResetSmile Terms and Conditions

Last Updated: July 12, 2024

These ResetSmile Terms and Conditions (“Terms”), including any applicable Order Form (“Order Form”) which by reference is incorporated herein, (collectively, the “Agreement”) sets forth the terms under which you may use and access ResetSmile’s Services (as defined below) and is binding between Reset Technology Corporation. (“ResetSmile”, “we”, “us”, or “our”) and the legal entity using the Services (“you”, “Customer’s,” and “Customer” refers to that legal entity). You and ResetSmile may be referred to individually as a “Party” and collectively as the “Parties”. By using our Services, you agree to be bound by these Terms. These Terms apply to your access to and use of ResetSmile’s:

1. website located at https://resetsmile.com/ and all associated web pages, websites, and social media pages (collectively, the “Website”);
2. the ResetSmile dashboard; and
3. services (including applications) and products accessible via the Website or otherwise made available to you by us (together with the Website and the ResetSmile dashboard the “Services”).

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND RESETSMILE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to your access to and use of some or all of our Services (“Supplemental Terms”), including:

• Our Acceptable Use Policy, which applies to your use of all of our Services; and

Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1 ResetSmile Services

1. ResetSmile Services License. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, solely for your own personal, noncommercial purposes during the Term and in accordance with the product and user documentation, training materials, specifications, Acceptable Use Policies and other similar materials made available to you relating to the Services. You acknowledge and agree that: (i) this license does not confer any rights to access the source code of the Services or to create derivative works based thereon; (ii) that all rights not expressly granted are reserved by us, and (iii) this license does not extend to accessing the Services’ source code, derivative creation, or any form of reverse engineering. For clarity, any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

2 Eligibility and Use Restrictions

1. Age. If you are under 18 years of age, you may not use our Services.
2. Use Restrictions. You acknowledge that you may only use our Services for personal purposes and expressly excluding any commercial use.

3 Your Information

1. You may provide certain information to ResetSmile in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communications from ResetSmile via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to ResetSmile in connection with the Services is accurate.
2. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy located at https://resetsmile.com/privacy-policy.

4 Accounts

We may require that you create an account in order to use some or all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

5 Customer Content

1. Ownership of Customer Content. Except for ResetSmile Technology (as defined below), as between ResetSmile and Customer, Customer retains all right, title and interest in and to all information, text, messages, photos, videos, and other content that is submitted, posted, or otherwise transmitted by or on behalf of you through the Services (“Customer Content”), including all intellectual property rights therein. For the avoidance of doubt, Customer Content excludes ResetSmile Technology. You grant us during the Term a non-exclusive, worldwide, royalty-free right and license to access, use, store, reproduce, publicly perform, publicly display, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise process the Customer Content to the extent necessary to provide the Services to you, including, without limitation, for the purpose of hosting, operating, improving and otherwise providing the Services during the Term.
2. Use of Customer Content. You represent and warrant that: (a) you have obtained and will obtain and continue to have, during the Term all necessary licenses, rights, consents, and permissions to use, and to authorize us to process, analyze, and use the Customer Content as contemplated by this Agreement, including personal data; and (b) our access, use and other processing of the Customer Content in accordance with these Terms will not violate any applicable laws or regulations or cause a breach of any agreement or obligations between you and any third party. You will indemnify us against any losses, damages, liabilities, expenses, and costs (including attorneys’ fees) incurred by us as a result of a breach of this representation.
3. Rights to your Customer Content. Except for the license you grant below, and otherwise as stated in this Agreement, as between you and ResetSmile, you retain all rights in and to your Customer Content.
4. License to Customer Content. You grant us during the Term a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right and license to access, use, store, reproduce, display, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, and otherwise process the Customer Content to the extent necessary to provide the Services to you, including, without limitation, for the purpose of hosting, operating, improving and otherwise providing the Services. The foregoing license includes, for clarity, the right to develop and improve our products and services. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Customer Content that you may have under any applicable law or under any legal theory.
5. Necessary Rights. You may not provide Customer Content for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Customer Content, and our use of the Customer Content, will not violate any rights of any person or entity, or cause injury to any person or entity.
6. Data Deletion and Opt Out. You may request for us to delete your personal data and you may request to opt out of our use of your personal data for improving our Services. Please see our Privacy Policy located at https://resetsmile.com/privacy-policy for more information.
7. Moderation. We do not undertake to review all Customer Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Customer Content. Although we have no obligation to screen, edit, or monitor Customer Content, we may:
   1. delete or remove Customer Content or refuse to post any Customer Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms;
   2. terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Customer Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
   3. take any action with respect to the Customer Content that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms, or to protect our rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
   4. as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Customer Content on or through the Services.

6 Our Intellectual Property

1. Ownership. We or our licensors (other than ResetSmile) retain and exclusively own all rights, title and interest in and to the Services and its content data, databases, designs, software, artwork, photos, videos, music, sounds, text, information and other materials posted, provided or otherwise made available through the Services), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, and any authorized or unauthorized enhancements, updates, upgrades, improvements, translations, adaptations, or other modifications to or reproductions or derivative works thereof (collectively, “ResetSmile Technology”), subject to ResetSmile’s ownership of the Customer Content. The ResetSmile Technology, including each of the proprietary elements described in the preceding sentence, are the sole property of ResetSmile and/or our licensors (other than Customer) and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
2. Trademarks. The name “ResetSmile” and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of ResetSmile and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
3. Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about ResetSmile or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in ResetSmile’s sole discretion. ResetSmile will exclusively own all improvements to, or new, ResetSmile products, services, or Services based on any Feedback. You understand that ResetSmile may treat Feedback as nonconfidential.

7 Subscription Services; Payment

1. Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan (a “Recurring Subscription”). Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that we are unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, we may in our sole discretion (i) suspend your access to the Services until payment is received, (ii) void any applicable services, warranties, or benefits of such services and products; or (iii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your subscription through your account. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. Your access to Services and any applicable benefits and warranties is available as long as your subscription remains active. ResetSmile may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least thirty (30) days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and ResetSmile will charge your on-file payment card or method on the first day of the renewal of the subscription term.
2. Payment. You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions.
3. Collection of Debt. Unless otherwise provided in the applicable Order Form, ResetSmile reserves the right to charge interest on any amounts that remain unpaid more than thirty (30) calendar days from invoice date at the lesser of one and one-half percent (1.5%) per month, or the maximum amount allowed by law. ResetSmile reserves the right to refer your outstanding debt to a third-party collection agency. In the event collection and legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all costs and expenses incurred to recover sums due, including reasonable collection and attorneys’ fees and all other legal expenses, to the maximum extent permitted by law.
4. Refunds and Exchanges. We may offer refunds and exchanges in our sole discretion, if we are notified within thirty (30) days of when your order is delivered that you are not satisfied with your order.
5. Reservation of Rights. ResetSmile reserves the right - including without prior notice - to impose conditions on the honoring of any coupon, discount, or similar promotion, to bar any user from making any transaction, to alter the payment option for services, and to refuse to provide any user with any Service.

8 Copyright Complaints

1. Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who infringe the intellectual property rights of others (our "DMCA Policy").
2. Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify ResetSmile’s designated agent (your notification, a “DMCA Notice”) as follows:

   By Certified Mail:

   ResetSmile
   Attn: Copyright Agent
   4200 W Royal Ln, Suite 125
   Irving, TX 75063

   By Email: support@resetsmile.com

   Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to ResetSmile for certain costs and damages.

9 Third-Party Services and Content

1. Our Services rely on or interoperate with third-party products and services, including without limitation, hosting providers, communications technologies, IoT platforms, third-party app stores, data storage services, communications technologies, and internet and mobile operators (collectively, “Third-Party Services”). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.
2. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
3. We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

10 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless ResetSmile and our officers, directors, agents, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) the Customer Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or the Customer Content. You will cooperate with ResetSmile in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). ResetSmile will have control of the defense or settlement, at ResetSmile's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ResetSmile.

11 Disclaimers

Your expressly acknowledge and agree that your use of the Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) is at your sole risk. To the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services), are provided “as is” and “as available” without warranties of any kind, either express or implied. ResetSmile disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ResetSmile does not represent or warrant that our Servicesor any other content provided therein or therewith (including the Third-Party Content and Third-Party Services) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) will be uninterrupted. While ResetSmile attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Services) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services. All disclaimers of any kind (including in this Section 11 and elsewhere in these Terms) are made for the benefit of all ResetSmile and ResetSmile’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as our and their respective successors and assigns.

12 Limitation of Liability

1. To the fullest extent permitted by applicable law, ResetSmile (and its affiliates, parent companies, directors, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns) will not be liable to you or any third party under any theory of liability (whether based in contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, special, moral, or exemplary damages whatsoever, including, without limitation, damages for lost profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to this Agreement, including, without limitation, your inability to use the Services, whether or not damage was foreseeable and even if ResetSmile has been advised of the possibility of such damages and notwithstanding the failure of any agreed or other remedy of its essential purpose.
2. The total liability of ResetSmile for any claim arising out of or relating to this Agreement or our Services, regardless of the form of the action, is limited to the greater of: (i) Fifty Dollars (USD $50.00); and (ii) the amount paid by you to use our Services in the twelve (12) months preceding the claim.
3. Some jurisdictions do not allow the limitation of certain damages, in which case some of the limitations above may not apply to you.

13 Dispute Resolution; Binding Arbitration

Please read this Section 13 carefully because it requires you and ResetSmile to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and ResetSmile from suing in court or having a jury trial. You and ResetSmile agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. ResetSmile and you are each waiving the right to trial by a jury.

Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.

1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim between you and ResetSmile relating to this Agreement or our Services, including any privacy or data security claims, (collectively, “Disputes”, and each a “Dispute”), you and ResetSmile agree to attempt to first resolve the Claim informally via the following process:
   • If you assert a Dispute against ResetSmile, you will first contact ResetSmile by sending a written notice of your Dispute to ResetSmile by email to support@resetsmile.com If ResetSmile asserts a Dispute against you, ResetSmile will contact you by sending a written notice of ResetSmile’s Dispute to you via email to the primary email address associated with your account.
   • If you and ResetSmile cannot reach an agreement to resolve the Dispute within thirty (30) days after you or ResetSmile receives the applicable notice, then either Party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or ResetSmile first send the applicable notice so that the Parties can engage in this informal dispute-resolution process.
2. Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or ResetSmile, including any disputes in which you or ResetSmile seek injunctive or other equitable relief for the alleged unlawful use of your or ResetSmile’s intellectual property or other infringement of your or ResetSmile’s intellectual property rights (“IP Disputes”), all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 13(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitration shall be administered by the American Arbitration Association (“AAA”), according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to AAA’s Commercial Arbitration Rules and Mediation Procedures in effect at the time the Claim arose (the “Rules”), as modified by this Agreement. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The remedies and reliefs rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. If you are a “Consumer,” meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between Customer and ResetSmile, as modified by this Agreement. The Rules are available at the AAA website www.adr.org.
3. Arbitration Fees. Customer and ResetSmile will each be responsible for arbitration fees in accordance with the applicable Rules and this Agreement. If you are a Consumer and such costs are determined by the arbitrator to be prohibitive compared to litigation costs, ResetSmile will pay as much of Customer’s arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
4. Arbitration Procedure and Location. Customer or ResetSmile may initiate arbitration of any Claim not resolved during the informal resolution period by filing a demand for arbitration with AAA. Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. Customer will send any demand for arbitration to ResetSmile by certified mail addressed to 4200 W Royal Ln, Suite 125 Irving, TX 75063 or by email to support@resetsmile.com ResetSmile will send any demand for arbitration to Customer by certified mail or email using the contact information Customer has provided to ResetSmile.
5. Arbitrations will be conducted in the English language by a single arbitrator. Customer and ResetSmile agree that the arbitrator will be bound by this Agreement.
6. For Claims in which the claimant seeks less than USD $25,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $25,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, the hearing will take place in the Central District of the State of California, unless the arbitrator determines that this would pose a hardship for Customer, in which case the location for any in-person hearing will be determined by the applicable Rules. The arbitrator (not a judge or jury) will resolve all Claims in arbitration. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless ResetSmile and Customer agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
7. One Year to Assert Claims. To the extent permitted by law, any Claim by Customer or ResetSmile against the other must be filed within one (1) year after the Claim arose; otherwise, the Claim is permanently barred, which means that Customer and ResetSmile will no longer have the right to assert that Claim.
8. Opting Out of Arbitration. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email by certified mail addressed to:
   ResetSmile
   Attn: Legal Department – Arbitration Opt-Out
   4200 W Royal Ln, Suite 125
   Irving, TX 75063
   

   In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.

9. Rejection of Future Arbitration Changes. You may reject any change we make to Section 13 (except address changes) by personally signing and sending us notice within thirty (30) days of the change by certified mail addressed to:
   ResetSmile
   Attn: Legal Department – Arbitration Opt-Out
   4200 W Royal Ln, Suite 125
   Irving, TX 75063
   

   If you do, the most recent version of Section 13 before the change you rejected will apply.

10. Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the Parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14 Governing Law

Any claims will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any claim is not subject to arbitration pursuant to Section 13, then the state and federal courts located in the Northern District of the State of Texas, will have exclusive jurisdiction. You and ResetSmile waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

15 Confidentiality

ResetSmile and Customer may disclose to each other information identified at the time of disclosure as confidential or which should be reasonably known by the receiving Party to be confidential (“Confidential Information”). The Services and other ResetSmile Technology are the Confidential Information of ResetSmile, and Customer Content is the Confidential Information of Customer, in each case without any marking or further designation. Except as authorized herein, the receiving Party will (i) hold in confidence and not disclose any Confidential Information of the disclosing Party to third parties, and (ii) not use Confidential Information of the disclosing Party for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The receiving Party may disclose Confidential Information to its representatives having a need to know, provided that such representatives are bound to confidentiality obligations no less protective of the disclosing Party than this Section and that the receiving Party remains responsible for compliance by any such representative with the terms of this Section. These restrictions on disclosure will not apply to any information which: (a) is or becomes generally known or publicly available through no act or omission of the receiving Party; (b) is known by the receiving Party without confidentiality restriction at the time of receiving such information, as shown by written records; or (c) is furnished to the receiving Party by a third party without confidentiality restriction. The receiving Party may make disclosures to the extent required by law or court order, provided the receiving party notifies the disclosing Party in advance and reasonably cooperates in any effort to obtain confidential treatment. The receiving Party acknowledges that disclosure of the disclosing Party’s Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving Party the disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

16 Messaging Terms and Conditions

1. General. When you opt-in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from ResetSmile. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with ResetSmile. ResetSmile reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. ResetSmile also reserves the right to change the short code or phone number where messages are sent. Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing messages is not a condition of purchase.
2. Carriers. Carriers are not liable for delayed or undelivered messages.
3. Cancellation. You can cancel any time by texting "STOP" to +14698256672. After you send the SMS message "STOP" to +14698256672, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from ResetSmile again, just sign up as you did the first time and ResetSmile will start sending messages to you again.
4. Info. Text "HELP" to +14698256672 at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at support@resetsmile.com.
5. Transfer of Number. You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at support@resetsmile.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
6. Privacy. If you have any questions about your data or our privacy practices, please visit our http://eepurl.com/iQSTSo.
7. Messaging Terms Changes. We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

17 Term; Termination

1. The “Term” of this Agreement commences upon your acceptance of this Agreement, as evidenced by you registering a user account or otherwise accessing or using the Services. These Terms are effective until you perform each of the following: (i) stop using our Services, (ii) uninstall and delete any copies in your possession, (iii) cancel any account, and (iv) cancel all active subscriptions. You may stop using the Services at any time. Please refer to Section 7 (Subscription Services; Payments) for information on how you can cancel your subscription or any automatic renewals.
2. We may terminate this Agreement at any time and for any reason by providing you with notice. Your rights under this Agreement will terminate automatically if you fail to comply with any of its provisions.
3. Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must cease all use of the Services and uninstall and delete all copies of all apps or software included with the Services in your possession, and (b) all rights and obligations of both parties to these Terms, including all licenses granted under these Terms, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive. You acknowledge that following termination, you will have no further access to any Customer Content via the Services.

18 Suspension of Services

We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems of any other ResetSmile customers, or (iii) could subject us, our affiliates, or any third party to liability; (b) you are in breach of your payment obligations; or (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of the Services: (a) you remain responsible for all fees you have incurred during or prior to the period of suspension; and (b) you will not be entitled to any refund or credit for any period of suspension.

19 Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Belarus, Cuba, Iran, North Korea, Russia, Syria, and the occupied regions of Ukraine), that you are not listed on identified on any U.S. Government list of sanctioned parties, and that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of the Services.

20 Miscellaneous

1. We reserve the right to modify the Services or to suspend or terminate providing all or part of the Services at any time or to charge, modify, or waive any fees required to use the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of the Services, such as by sending an email or providing a notice through the Services. All modifications and additions to the Services will be governed by these Terms, unless otherwise expressly stated by us in writing. Customer also has the right to stop using the Compute Service at any time.
2. You will not assign, subcontract, delegate, or otherwise transfer this Agreement, or your rights and obligations hereunder, without obtaining the prior written consent of one of our authorized representatives, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign this Agreement or delegate our obligations hereunder, in whole or in part, without your consent, to any person or entity at any time. This Agreement will be binding upon the parties and their respective successors and permitted assigns.
3. The Parties are independent contractors, and no employment, agency, or joint venture is created hereunder.
4. ou will not copy, imitate, or otherwise use, in whole or in part, any of our trademarks or logos, unless agreed
to in writing by us.
5. ResetSmile’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. This Agreement reflects the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, representations, statements, and understandings of the Parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the Parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
6. The section titles in these Terms are for convenience only and have no legal or contractual effect. Lists of examples following “including” or “e.g.” or similar words are not exhaustive (that is, they are interpreted to include “without limitation”). All monetary amounts are expressed in U.S. dollars. URLs are understood to also refer to successor URLs, URLs for localized content, and information or resources linked from within the websites at the specified URLs. The word “or” will be deemed an inclusive “or”.
7. If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision(s) will be severed from these Terms; (b) severance of the unenforceable or unlawful provision(s) will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision(s) may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the Parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
8. If you have a question or complaint regarding the Services, please send an email to support@resetsmile.com You may also contact us by writing to:
   ResetSmile
   Attn: Customer Service
   4200 W Royal Ln, Suite 125
   Irving, TX 75063

   note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.