Terms of Use

Last Updated: August 22, 2022

These Terms of Service (these “Terms”) are a legal contract between Reset Kidney Health, LLC (“Reset Kidney,” “us,” “our,” or “we”) and you (“you”). The Terms explain how you are permitted to use the services provided by and through our online telehealth services platform and our website, as well as all of our associated internet properties (either linked by Reset Kidney and/or affiliated companies) and any software that Reset Kidney provides to you for download, including in your mobile devices and/or desktops (our “App(s)”) (all of these virtual properties and applications, collectively, the “Site”).  Please note that Reset Kidney Health, LLC is a management services entity providing administrative, technological, and management services to medical professional entities, including Reset Kidney, LLC and Epsilon Kidney Care, P.C.  Reset Kidney Health, LLC does not provide medical services. These Terms govern your use of all the text, data, information, software, graphics, photographs proprietary content and other materials (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through any area of the Site).  Collectively, the Site, the Materials, and the services provided herein are referred to as the “Service”.  

READ THESE TERMS CAREFULLY. USING THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS. 

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH RESET KIDNEY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1.  CHANGES AND ADDITIONAL TERMS.

We may alter the Service we offer you and/or may choose to modify, suspend, or discontinue any part or all of the Service at any time and without notifying you.  We may also change, update, add, or remove provisions of these Terms from time to time.  We will use commercially reasonable efforts to inform you of any modifications to these Terms by posting them on the Site.

If you object to any such modifications, your sole recourse shall be to cease using the Service.  Continued use of the Service following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site or on the sites or apps of our partners or affiliates.  Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

Some areas of the Service may have additional terms and conditions (the “Additional Terms”). Where Additional Terms apply, we will make them available for you to read through prior to your use of that area of the Service. By using those areas of the Service, you agree to the Additional Terms.

2.  PRIVACY.

We respect the information that you provide to us and your privacy is very important to us. Please review our Privacy Policy (“Privacy Policy”) which explains how we collect, use, protect, and share your personal information, including any Protected Health Information ("PHI"), with others. 

3.  CONTRACTUAL RELATIONSHIP.

By using the Service, you represent, acknowledge and agree that you are of age under the laws of your jurisdiction (usually 18+ years) and/or lawfully able to enter into contracts.  If you are not of age (a “Minor”), you represent that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby consent to the use of the Service by a Minor, agree to bind the Minor to these Terms and to fully indemnify and hold harmless Reset Kidney if the Minor breaches any of these Terms.  If you are not legally able to enter into contracts, you may not use the Service at any time or in any manner or submit any information to Reset Kidney through the Service. 

You agree to be bound by these Terms, the Informed Consent to Telehealth, the HIPPA notice, and the Privacy Policy that appear on the Service. If you do not wish to be bound by these Terms, you may not use the Service. 

4.  THE SERVICE. 

We offer access and use of our proprietary telehealth platform, which includes a real-time audio/video technology and patient engagement solution that allows participating licensed physicians and non-physician practitioners (collectively, “Providers”) to communicate with their clients and patients (collectively, “Participants”), to provide remote medical services via a secure Internet connection.  

THE USE OF OUR SERVICE IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.  

We are a Service that facilitates certain telehealth platform services and communications between Providers and Participants, we are not a medical service provider, health insurance company, virtual clinic or pharmacy. Nor are we licensed to sell health insurance. 

While the Service allows Providers to engage with Participants to provide medical services, the Reset Kidney Service itself is not a medical provider and does not and is not intended to provide medical advice, diagnosis or treatment. Any patient/provider relationship created through the Service is between the patient and the Provider and no such relationship is intended to or will be created between Reset Kidney and any patient. A PROVIDER’S ABILITY TO USE OUR SERVICE IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT PROVIDER BY RESET KIDNEY.  

To the extent medical advice is provided to you by a Provider through the Service, such medical advice is based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms or conditions. ANY MEDICAL ADVICE PROVIDED BY PROVIDER IS NOT UNDER THE CONTROL OR DIRECTION OF RESET KIDNEY. 

5. USING THE SERVICE. ACCOUNTS.

(a) License. Subject to your compliance with these Terms, including your payment of any applicable fees, we grant you a limited, personal, non-exclusive and non-transferable license to use the Service. Other than the personalized content and communications with your Provider through an in-Service message or in-Service appointment, you should not consider content on the Service to be medical advice. You have no other rights in the Service or any Materials, and you may not modify, edit, copy, reproduce, publicly display, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Service or any of the Materials in any manner.  

Upon your breach of any of these Terms, your license to use the Service will automatically terminate and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

(b) Accounts. You need not register with us to simply visit and view the Service.  However, in order to access certain password-restricted areas and Materials, you must have registered for an account with us (an “Account”). If you want an account with us, you must submit all of the information required on the account registration page on the Service.  You may not transfer or share your Account password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for complying with these Terms when you access and use the Service and for obtaining and maintaining all equipment and services needed for you to access and use the Service and paying related charges.  It is also your responsibility to maintain the confidentiality of your password.  Should you believe your password or security for the Service has been breached in any way, you must immediately notify us.

(c) Participants. If you are a Participant, you accept responsibility for yourself in the use of the Service. The Service is designed for your active engagement in your own care, however you acknowledge that your relationship regarding the provision of telehealth services is with your Provider, and your obtaining services from the Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law.  By using the Service, you agree to not hold Reset Kidney liable in any way for any malpractice or substandard treatment the Provider may render. We do not confirm the credentials of Providers using our Service and do not validate that they are in good standing with their respective licensure board(s). It is the Participant’s responsibility to separately confirm that a Provider is in good standing with their respective licensing board(s). You agree and understand that (i) You may be entering into a doctor/patient relationship with a Provider and that Reset Kidney is not a party to that treatment relationship. You acknowledge that you receive the health care services from the Provider and that Reset Kidney is not a health care Provider; and (ii) You agree to the entry of certain medical records, information and physician’s notes into the Service as determined by the Provider, and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, but no App, computer or phone system is totally secure.  You have a right to your records that are stored in the Service. Please refer to our Privacy Policy for information about how to request your records. 

(d) Providers. If you are a Provider, you accept responsibility for your Participants as well as yourself in the use of the Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service.  For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance covering the telehealth services that you render in compliance with any applicable state or local requirements. You are also responsible for complying with all applicable laws when communicating with Participants, including obtaining advance consent if recording any type of communications Reset Kidney does not record the telehealth service through the Service.  You are responsible for obtaining Participant consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Reset Kidney has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality and that of your patients. 

6. PAYMENTS.  

You agree to pay any fees applicable to your use of the Service, including but not limited to charges applicable to your care and treatment and any other purchases made thereby. We may suspend or terminate your access to the Service if your offered payment method (e.g., credit card) cannot be processed.  By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the products you purchase.  Except as otherwise specified in these Terms or on the Service (a) fees are quoted and payable in United States dollars, (b) fees are based on services rendered, and (c) payment obligations are non-cancelable, and fees paid are non-refundable You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

7. ELECTRONIC COMMUNICATIONS.

By using the Service, you consent to receiving electronic communications from us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications also include promotional offers and marketing communications that you may have separately consented to receive (where such consent is required).  These electronic communications are part of your relationship with us.  You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. These electronic communications are subject to these Terms, including their applicable dispute resolution and limitation of liability provisions. 

8. LINKS TO THIRD-PARTY SITES.

We think links are convenient, and we sometimes provide links on the Service to third-party websites or apps.  If you use these links, you will leave our Service. We are not obligated to review any third-party websites that you link to from the Service, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites or the products, services, or content available through any of them. Therefore, unless specifically stated on the Service, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Service, you do so entirely at your own risk and you are subject to and must follow the privacy policies and terms and conditions for those third-party websites. 

9. USER SUBMISSIONS.

Certain areas of the Service may permit you to upload or submit feedback, information, images, data, text, software, messages, or other materials (each, a "User Submission").  You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. We do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submission, including, without limitation, all rights to the reproduction and display of your User Submission, or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in these Terms;

  • To the extent that any personally identifiable information about any individual is shared in any User Submission, you have obtained all required authorizations or consents from all applicable individuals relating to the sharing of personally identifiable information in any User Submission;

  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;

  • Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;

  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

  • Your User Submission does not violate any law, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising;

  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers other than your own;

  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; 

  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion, including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service; and 

  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes. 

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Service through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Service and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. 

10. UNAUTHORIZED ACTIVITIES.

To be clear, we authorize your use of the Service only for individual treatment and care purposes (“Permitted Purposes”).  Any use of the Service beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use.  As between you and Reset Kidney, all rights in the Service remain the property of Reset Kidney. 

Unauthorized use of the Service may result in violation of various United States and international copyright laws.  Unless you have written permission from us stating otherwise, we prohibit certain kinds of conduct that may be harmful to patients or us or may be illegal, including but not limited to the following uses: 

  • For any public or commercial purpose which includes use of the Materials on another site or through a networked computer environment;

  • In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes part or any of the Service;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

  • To stalk, harass, or harm another individual;

  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • To interfere with or disrupt the Service or servers or networks connected to the Service;

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Service; or

  • To attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.

This list of prohibitions provides examples and is not complete or exclusive.  Reset Kidney reserves the right to (i) terminate access to your Account, your ability to use the Service and (ii) refuse, delete or remove any User Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Reset Kidney determines is inappropriate or disruptive to this Service or to any other user of this Service.  RESET KIDNEY MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL, AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT.  WHEN LEGALLY REQUIRED OR AT RESET KIDNEY’S DISCRETION, RESET KIDNEY WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY THROUGH THE USE OF THIS SERVICE.

You agree to indemnify and hold Reset Kidney and its officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms or your violation of any rights of another. You alone are responsible for any violation of these Terms by you or by anyone using your Account.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

11. PROPRIETARY RIGHTS.

The trademarks, service marks, and logos of Reset Kidney and our affiliates (“Our Trademarks”) used and displayed on various parts of the Service are registered and unregistered trademarks or service marks of Reset Kidney. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Service are our sole property, or the property of our suppliers and licensors.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

12. INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions and other materials that violate intellectual property rights of others, suspending and/or terminating in appropriate circumstances access to the Service or any portion thereof to any user who uses the Service in violation of someone’s intellectual property rights. 

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to our agent for notice of claims of infringement: support@resetkidneyhealth.com.

To be sure the matter is handled immediately, your written notice must contain the following information: 

  • Your physical or electronic signature;

  • The copyrighted work or other intellectual property alleged to have been infringed;

  • The allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

  • Adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

  • A statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;

  • A statement that the information in the written notice is accurate; and

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you when we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

  • Your physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  •  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.  

13. DISCLAIMER OF WARRANTIES.

THE SERVICE (INCLUDING ALL APPS, WEBSITES, MATERIALS AND SERVICES) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, WHICH INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

14.  LIMITATION OF LIABILITY.

YOU ARE USING THE SERVICE AT YOUR SOLE RISK.  WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, SUBMITTING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE OR YOUR USE OF OUR SERVICES.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. RESET KIDNEY IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY WHATSOEVER FOR ANY INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY USE OR RELIANCE ON THE SERVICE.

15. LOCAL LAWS; EXPORT CONTROL.

We control and operate the Service from our headquarters in the United States of America and the entirety of the Service may not be appropriate or available for use in all jurisdictions.  If you use the Service (or any portion thereof), you are solely responsible for following applicable local laws.

16. FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You hereby represent that you have obtained all required consents or authorizations to allow Reset Kidney to obtain all rights, title and interest in and to the Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

17.  DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights.

Please read this Provision carefully.  All Disputes (as defined below) between you and Reset Kidney shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others, including, but not limited to, class actions.  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court, including attorney’s fees.

For purposes of this Provision, “Reset Kidney” means Reset Kidney Health LLC and its subsidiaries and affiliate companies, including its professional entities, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and Reset Kidney regarding, arising out of or relating to any aspect of your relationship with Reset Kidney, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Reset Kidney’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND RESET KIDNEY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Reset Kidney an opportunity to resolve the Dispute.  You must commence this process by emailing us written notification at: support@resetkidneyhealth.com .Written notification must include the following information: 

  • Your name,

  • Your address, 

  • A written description of the Dispute, and 

  • A description of the specific relief you seek.  

If Reset Kidney does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Reset Kidney may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 15 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court. You may opt out of this Provision by emailing us written notification at: support@resetkidneyhealth.com. Written notification must include the following information: 

  • Your name, 

  • Your address, and 

  • A clear statement that you do not wish to resolve disputes with Reset Kidney through arbitration.

Your decision to opt-out of this Provision will have no adverse effect on your relationship with Reset Kidney. 

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Reset Kidney may initiate arbitration proceedings.  The American Arbitration Association (the “AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (the “FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award 

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law. The award may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

You or Reset Kidney may initiate arbitration in either New Castle County, Delaware or the federal judicial district that includes your billing address.  However, if Reset Kidney initiates the arbitration in New Castle County, Delaware, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs 

Reset Kidney will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided by applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Reset Kidney as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Reset Kidney specifically agree to do so in writing following the initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms you and Reset Kidney are each giving up the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and Reset Kidney might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. 

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Reset Kidney or its affiliates.  Notwithstanding any provision in these Terms to the contrary, we agree that if Reset Kidney makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Reset Kidney to adhere to the present language in this Provision if a dispute between us arises.

18. GENERAL.

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Service without prior notice to you.  The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (the “UCITA”) shall not apply to these Terms.  Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, or the Service will be heard in the courts located in New Castle County in the State of Delaware.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Our failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Reset Kidney and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Reset Kidney about the Service.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

19.  CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@resetkidneyhealth.com.