RESILITY HEALTH APPLICATION TERMS AND CONDITIONS
Section 1. Introduction
Resility Health, LLC, a Florida limited liability company (“Resility”, “Resility Health”, “Company,” “we,” “us,” or “our”), provides the Resility Mobile and Web Applications (“App”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Term and Conditions”). When subscribing to certain services from the App, users may be subject to additional rules.
By using the App, you indicate that you accept these Terms and Conditions and agree to abide by them. If you disagree with these Terms and Conditions or our Website’s content, please stop using the App.
Section 2. License to Use App
Unless otherwise stated, all content on or available via this App is the property of Resility Health and/or its licensors.
You may view, download, or print pages, videos, or tutorials from the App, as permitted by our digital content management platform or by the individual permissions settings for each item, for your own personal use and subject to the restrictions in these Terms and Conditions.
You may not:
- republish or redistribute material from this App (including republication on another website or app);
- redistribute material from this App, except for content specifically and expressly made available for redistribution (including linking and sharing);
- sell, rent or sub-license material from the App;
- show any material from the App in public;
- reproduce, duplicate, copy or otherwise exploit material on this App for a commercial purpose; or
- edit or otherwise modify any material on the App;
Where content is specifically made available for redistribution, it may only be redistributed to the extent expressly permitted by the content’s owner.
Section 3. Acceptable Use
You must not use this App in any way that causes or may cause damage to the App or impairment of the App’s availability or accessibility. Use of the App or of its content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, is strictly prohibited.
You must not conduct any systematic or automated data collection activities on or in relation to this App without Resility Health’s express written consent.
Section 4. Disclosure Policy
There may be links from this App to products and services that are available for sale elsewhere. In some cases, the owner of this App will receive a commission for the sale of these products, which covers the time and expenses required to create and maintain the App. We only recommend products that we feel will be valuable to our audience. You do not pay more because of these links, and in some cases you will receive a special discount or bonus for purchasing a product through clicking on one of our links.
Section 5. Restricted Access
Access to certain areas of this website is restricted. Resility Health reserves the right to restrict access to any area of this website, or indeed this entire website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
Section 6. User Content
In these Terms and Conditions, our “User Content” means material, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this website, for any purpose.
You grant to us an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
By submitting, posting, or uploading your User Content to this App, you warrant and represent that your user content is not illegal or unlawful, does not infringe any third party’s legal rights, and is not be capable of giving rise to legal action whether against you or Resility Health or a third party, in each case under any applicable law. You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this App.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the App.
Section 7. Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by Resility Health violates your copyright, please notify us in accordance with the following sub-provisions:
- Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the App who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the App infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 7835 Bayberry Road, Jacksonville, Florida 32256, USA:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) The URL (website address) where the content is located, and preferably, a screenshot of the claimed infringing content;
(3) Your information, including: address, telephone number, and email address;
(4) A statement that you make your report in the good faith belief that use of the material is infringing or unauthorized;
(5) A statement that the information in your report is accurate, and under penalty of perjury, that the you are the copyright owner, or are authorized to act on behalf of the copyright owner, of the work allegedly infringed; and
(6) Your physical or electronic signature (i.e., /s/NAME).
- Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, we will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to us. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties.
- Counter-Notices.If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the App, you may send a properly formatted counter-notice to our copyright agent using the contact information set forth above.
- Response to DMCA Counter-Notices.If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
Section 8. No Warranties
This App is provided “AS IS” without any express or implied representations or warranties. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Resility Health does not warrant that:
- this App will be continually available, or available at all; or
- the information on this App is complete, accurate or non-misleading.
Section 9. Limitations of Liability
Resility Health provides the information and tools contained in this App are for general information purposes only, and while we attempt in good faith to ensure that the information is up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the App or the information, products, services, or related graphics contained on the App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Your use of the information and tools contained in this App indicates that you acknowledge and agree that Resility Health, and its authorized agents and contractors are not liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or tools on the App or with the delay or inability to use this App, or from any information, documents, services, software, or any other material obtained through this App, or otherwise arising out of the use of this App, whether based on contract, tort, strict liability, or otherwise.
Section 10. Disclaimer – No Medical Advice
The content on this App is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the App is intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this App. In an emergency, call 911.
Section 11. Registration
In order to use this App, you must first complete the registration form. During registration, you are required to give certain information (such as your name and email address). This information is used to contact you about the products and services on the App in which you have expressed interest.
Section 12. Information Collection, Use, and Sharing
Resility Health is the sole owner of the information collected on this App. We only have access to/collect information that you voluntarily give us. Resility Health will not rent or sell this information to anyone without your permission. Resility Health will use the information to make improvements for the App or to respond to you, regarding the reason you contacted Resility Health. Unless you ask us not to, we may contact you via email in the future.
Section 13. Reasonableness
By using this App, you agree that the exclusions and limitations of liability set out in this App disclaimer are reasonable. Your remedy for dissatisfaction with the reasonableness is to not use our App.
Section 14. Other Parties
You accept that, as a limited liability entity, Resility Health has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the App.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this App disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Resility Health.
Section 15. Indemnity
You hereby indemnify Resility Health and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by Resility to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Section 16. Breaches of These Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the App.
Section 17. Revision and Amendment
Resility Health may revise these Terms and Conditions from time-to-time. Revised terms and conditions will apply to the use of our App from the date of the publication of any revised terms and conditions on this App.
Section 18. Assignment
Resility Health may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise assign your rights and/or delegate your obligations under these Terms and Conditions.
Section 19. Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part is deemed to be deleted, and the rest of the provision continues in effect.
Section 20. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Resility Health in relation to your use of the App and supersede all previous agreements.
Section 21. Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with Florida law, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of St. Johns County or Duval County.