Return and Refund Policy

MY VOICE SENSORY PILLOWS® TERMS AND CONDITIONS

(Revised October 26, 2022)

All Product Prices are in US Currency.

These Terms & Conditions apply to the purchase of My Voice Sensory Pillows® products (the “Products”) whether by retail location, mail, websites, mobile sites, social media, other applications or platforms through which the Products may be purchased from us and/or are advertised by us (collectively, the "Platform"). As used in these Terms & Conditions, "My Voice", "us," "we" or the “Company” refers to My Voice Sensory Pillows, GP and its subsidiaries and affiliates.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

BY PURCHASING THE PRODUCTS YOU AGREE TO THESE TERMS & CONDITIONS. By using this Platform, you represent that you are of the age of majority where you live. If you are not of the age of majority, you must only use this Platform under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Platform by the minor and you are fully responsible for the minor’s use of this Platform, including all financial charges and legal liability that he or she may incur. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Platform.

Returns

The following return policy applies to My Voice Sensory Pillows® brand products. This return policy applies only if a different return policy is not stated with regard to a specific product. Please check your order carefully upon receipt. If you are not completely satisfied with your order, return your item(s) back to us within the first 30 days from the date you receive your original order, and we will refund 100% of your purchase price (less shipping costs). This refund will then be processed when we receive your returned product. For any exchanges or returns for full purchase credit, all bundled items from the original purchase must be returned, including any bonus items. Return costs are the responsibility of the customer.

Email Offers

I understand that by providing my email address I am opting into My Voice’s email list and may receive exclusive offers from us via email. When purchasing a product from My Voice Sensory Pillows, GP you acknowledge and accept that you may receive special offers electronically and by other means directly from My Voice Sensory Pillows, GP.

Health Information

I understand that any My Voice product is not intended to diagnose, treat, cure, or prevent any disease. I understand the information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that any product purchased from My Voice is not intended or to be used to treat any type of medical condition.

Shipping And Handling Method

At My Voice’s option, all orders will be processed and will be shipped via DHL, USPS or FedEx, depending upon location and size of the order.

Availability, Errors, and Limitations on Quantities

My Voice’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. My Voice makes a conscientious effort to describe and display its products and services accurately on the Platform. Despite these efforts, a small number of items on the Platform may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Platform and in our advertising on other Platforms. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. My Voice reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. As part of our shipping procedures, we verify the availability and the price before an item is shipped.

My Voice reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Purchaser Reviews and Submissions

My Voice welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Platform, or any content or information you publish through any social media and allow My Voice to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Facebook™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and My Voice assumes no liability for any User Content submitted by you. Please note that Platform visitors may post content that is inaccurate, misleading, or deceptive. My Voice neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of My Voice.

Jurisdiction

My Voice is based in the State of California, United States and the Platform is not intended to subject My Voice to the laws or jurisdiction of any state, country or territory other than that of California, United States. My Voice does not represent or warrant that the Platform or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Platform, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MY VOICE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THE PLATFORM AND/OR (B) ANY GOODS SOLD OR PURCHASED FROM THE PLATFORM, OR THEIR SUITABILITY OR USE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MY VOICE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND MY VOICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MY VOICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF THE ABOVE LIMITATION OF LIABILITY OR ANY PORTION THEREOF IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MY VOICE FOR DAMAGES OF ANY NATURE SUFFERED BY YOU SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF YOUR TRANSACTION. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

Limited Warranty Disclaimer

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE ONE-YEAR WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE PLATFORM WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP . OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

Disputes

YOU AND MY VOICE AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE PLATFORM, THE PURCHASE OF PRODUCTS FROM MY VOICE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS (“CLAIM”), SUCH CLAIM WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR MY VOICE CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE STATE OF MINNESOTA, UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR MY VOICE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If you intend to assert a Claim you must first send written notice (“Notice”), by first class or certified mail, to My Voice legal counsel, Balocca Law Firm, 3719 Beverly Ridge Drive, Sherman Oaks CA 91423. If My Voice intends to assert a Claim, My Voice will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) Platform at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to My Voice Sensory Pillows, attention Balocca Law Firm, 3719 Beverly Ridge Drive, Sherman Oaks CA 91423, and My Voice will send such copy to the current billing address on your account.

The arbitration will be conducted under the then current rules of the AAA and conducted in English. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. 

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE PLATFORM AND ALL MATTERS ARISING OUT OF OR RELATED TO THE PURCHASE OF PRODUCTS FROM MY VOICE AND/OR THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CHOICE OF LAW PRINCIPLES. UNLESS YOU AND MY VOICE AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND MY VOICE BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM, THE PURCHASE OF PRODUCTS FROM MY VOICE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification

As a condition of the use of the Platform, you agree to defend, indemnify, and hold harmless My Voice and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and My Voice with respect to the Platform and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Platform. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contacting Customer Service

If you have any questions regarding refunds, billing, or future orders, please contact our customer service department. Please be advised that all calls to or from our customer service or sales departments are recorded for quality and training purposes, and by calling or accepting a call from us you consent to such recording

Email Address:
eddylank@gmail.com

Phone:
(661) 755-5754

Privacy Policy

My Voice complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy. 

In order to process your purchase of the Products, the Company collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information may include real name, alias, postal address, email address, telephone number, account name, driver’s license number, or other similar identifiers, and record of products purchased, . Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

We obtain this personal information directly from you when you purchase a product or indirectly from observing actions on the Platform. We will only use this information to fulfill or meet the reason you provided the information, such as to request a price quote, to ask questions about the Products, or to purchase the Products. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). The Company respects all right to know inquiries and will disclose any information collected. You have the right to request that we delete any of your personal information that we collected from you. We will not discriminate against you for exercising any of your CCPA rights.

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will notify you of the update and effective date. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.