TERMS AND CONDITIONS
Welcome to Resilient Living. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing and using this Site, you are signifying your consent to be bound by these Legal Terms and Conditions (the “Terms and Conditions “).
1. RESTRICTIONS ON USE OF MATERIALS
This Internet website (the “Site”) provides a service, the Resilient Living program, which is controlled and operated by Resilient Living Corp. (referred to as “Resilient Living”, “we”, “us” or “our” herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is owned by and the property of Resilient Living, or other parties that have licensed their materials to Resilient Living, and is protected by Canadian and United States copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by Resilient Living or its affiliates, subsidiaries, successors and assigns may be copied, reproduced, downloaded, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever.
Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.
Any unauthorized use or violation of these terms immediately and automatically terminates your right to use the Site and the Resilient Living program, and may subject you to legal liability.
Resilient Living and Resilient Living logos, images, product and company names displayed or referred to on the Site are trademarks of Resilient Living. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
2. DISCLAIMER
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RESILIENT LIVING, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. RESILIENT LIVING, IT’S AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE RESILIENT LIVING NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. RESILIENT LIVING, ITS AFFILIATES AND LISCENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT RESILIENT LIVING) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and operated at servers located in the state of new Jersey, U.S of A . Resilient Living makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
3. MEDICAL DISCLAIMER
Resilient Living is a provider of relaxation training. We do not provide medical advice. There is ample evidence that relaxation training can assist in the prevention of and recovery from a wide variety of illnesses and dysfunctions but Resilient Living makes no claims or guarantees that this will be the case for everyone.
Our services are a compliment and not a substitute for professional medical advice. If relaxation training produces adverse or unsettling effects or symptoms which persist, you are advised to consult a physician. We are not liable or responsible for any actions taken due to using Resilient Living’s program.
4. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Resilient Living, its subsidiaries or affiliated companies or licensors, or their directors, officers, employees or other representatives be liable for any damages that arise out of or in connection with the use of this Site, even if Resilient Living or a Resilient Living authorized representative has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Resilient Living’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you or on your behalf, if any, for accessing or using this Site.
5. JURISDICTION AND SEVERABILITY
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
6. AMENDMENTS
Resilient Living reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.
7. LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
8. INDEMNIFICATION
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Resilient Living, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents contained on the Site.
Resilient Living reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
9. USER PRIVACY POLICY
Use of this Site is subject to the terms of our Privacy Policy. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) Resilient Living and any other persons involved in the management of the Site may make changes in the information and content included in the Site at any time without notice; (v) Resilient Living shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an “as is” basis and is strictly at your own risk.
10. CONTACT
Resilient Living welcomes your questions and comments about the site. Please contact us by e-mail at info@resilientliving.ca.