THIS WEBSITE AND THE INFORMATION DISPLAYED ON THIS SITE (THE "SERVICES") ARE PROVIDED BY Resilient Strategies. (“Resilient Strategies”) AND ARE OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE FOLLOWING TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT (THE "TERMS AND CONDITIONS"). YOUR USE OF THIS WEBSITE OR SUBMISSION OF INFORMATION REQUESTS VIA THIS SITE, E-MAIL OR TELEPHONE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES IN EFFECT AT SUCH TIME. These Terms and Conditions apply to any Services or websites or apps owned and operated by Resilient Strategies including but not limited to this site and Resilient-Strategies.com.. If you have any questions regarding these Terms and Conditions, you may contact us at email@example.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions. These Terms and Conditions were last updated on April 6, 2021.
Your Use Of The Resilient Strategies Services; Prohibited Uses
The sole purpose for your use of this website is to gain information about Resilient Strategies and, if you desire, to contact Resilient Strategies providing your contact information. You are not obligated to provide contact information. By submitting contact information, you consent to being contacted by Resilient Strategies or one of its employees or agents at the contact information you submitted. You may request that you no longer be contacted or update your contact information by notifying Resilient Strategies via e-mail or telephone. You acknowledge and agree that your use of this Resilient Strategies website is for your personal use and not for advertising or commercial purposes. You agree not to copy or collect Resilient Strategies content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use this website for any purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Resilient Strategies for any such damages, and will indemnify Resilient Strategies in the event of any claims against Resilient Strategies based on or arising from your violation of the foregoing. Resilient Strategies reserve the right to revoke your access to any Resilient Strategies Services at any time. If it is determined or suspected by Resilient Strategies in its sole discretion that you are misusing or attempting to misuse or circumvent the Resilient Strategies Services or systems, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Resilient Strategies reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Third Party Copyrights And Other Rights
Resilient Strategies respects the intellectual property rights of others. If you believe that your copyright or trademark has been infringed, please send us a notice as set forth below, the content of which is incorporated into these Terms and Conditions. For any intellectual property claims, please send us a notice at firstname.lastname@example.org.
If you believe that your copyright is being infringed, you can file a DMCA notification by a notice at email@example.com. Your claim must include the following information (please note that all information must be submitted in English):
WARRANTIES: LIMITATIONS OF LIABILITY; LIMITATIONS OF DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT THE Resilient Strategies SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND YOUR SOLE AND EXCLUSIVE REMEDY, AND Resilient Strategies’ SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE Resilient Strategies SERVICES OR THE Resilient Strategies OR APPS, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE Resilient Strategies SERVICES OR THE Resilient Strategies WEBSITES OR APPS AT ANY TIME. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Resilient Strategies EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Resilient Strategies SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Resilient Strategies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. IN NO EVENT SHALL Resilient Strategies. BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF ALL AMOUNTS PAID BY YOU TO Resilient Strategies. WITHIN ONE YEAR AFTER YOUR USE OF THIS WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY Resilient Strategies, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE Resilient Strategies SERVICES IN CONNECTION WITH THE Resilient Strategies WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
These Terms and Conditions, and any dispute between you and Resilient Strategies, shall be governed by the laws of the State of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND Resilient Strategies or any claim or controversy arising out of or relating to use of this Website and/or Resilient Strategies’ services (including any alleged breach of these Terms and Conditions) SHALL BE BINDING ARBITRATION administered by the American Arbitration Association or as otherwise agreed by Resilient Strategies, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW AND PROVIDED THAT Resilient Strategies SHALL HAVE THE RIGHT TO SEEK INJUNCTIONS IN ANY APPLICABLE COURT OF LAW. You may not under any circumstances commence, participate in or maintain against Resilient Strategies any class action, class arbitration, or other representative action or proceeding.
The Terms and Conditions will inure to the benefit of Resilient Strategies’ successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason by any court of competent jurisdiction, that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Resilient Strategies to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in Douglas County, Colorado. These Terms and Conditions constitute the entire agreement between you and Resilient Strategies and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.