Terms of Use
Resilience Maine, LLC
Website Terms of Use
Last Modified: March 13, 2020
Acceptance of the Terms
These terms of use are a binding legal agreement between the person or organization visiting or using the Website (“you”) and Resilience Maine, LLC, a Maine limited liability company (“Company”, “we” or “us”). The following terms (“Terms”) govern your access to and use of www.resiliencemaine.com (the “Website”) including any content, functionality and services offered on or through the Website, whether as a visitor or a registered user.
By using the Website, you agree to be bound by these Terms and our Privacy Policy, found at Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not use the Website.
This Website is available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements.
Affiliate Marketing Disclosure
We do not charge a fee to use the Website. From time to time we recommend, link to, or provide information about products available from other organizations or individuals (“Third-Party Products”). In some cases, we receive compensation from sellers of Third-Party Products when visitors to our Website purchase them after seeing information about them on our Website.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on it in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
All information that you provide on the Website must be accurate and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by intellectual property laws. You may use the Website for your personal, non-commercial use only.
Prohibited Uses
You agree not to use the Website:
- In any way that violates any law of any country (including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) or infringes on any contractual, intellectual property or any other rights of any person.
- To transmit any advertising or promotional material.
- To introduce any viruses, trojan horses, worms, logic bombs or other technology, material or software that is harmful or that copies material from the Website.
User Content
The Website may allow you to post or publish written content, images or videos (collectively, “User Content”). All User Content must comply with these Terms. Any User Content you post to the site will be considered non-confidential and non-proprietary. By submitting User Content to us, you:
- Represent and warrant that you (a) own or have the necessary licenses and permissions to submit the User Content and (b) are the sole owner of the User Content and that you have good and valid right to convey it to Company as described in these Terms.
- Irrevocably assign to Company all of the right, title and legal and equitable interest, including copyright interest, you have in and to the User Content and all associated intellectual property rights, whether exercised or not, and whether or not intellectual property protection has been sought.
- Agree that the assignment in the preceding section (the “Assignment”) is an absolute assignment of all of your right, title, and interest in and to the User Content.
- Agree that by this Assignment, you renounce and waive any and all rights you may have to (a) limit the use, distribution, modification, licensing, or sale of the User Content by Company or any of its licensees, successors, agents or assignees, or to receive any compensation by reason of any use, distribution, modification, licensing, or sale of the User Content or any portion of it by Company or any of its licensees, successors, agent or assignees, or (b) require Company or any of her licensees, successors, agents or assignees to identify you as an author of the User Content or any portion of it.
- Irrevocably consent to the publication of the User Content by Company or any of its licensees, successors, agents or assignees (each, a “Publisher”), in any medium now known or in the future discovered (including through books, blog posts and the Website), verbatim or edited by a Publisher, without further prior notice to you or consent by you and without royalties or any other compensation to you, and in a form that identifies you by name if a Publisher in his, her or its sole discretion chooses to do so.
You are responsible for any User Content you submit, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We reserve the rights in our sole discretion to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason.
- Remove or refuse to post any User Content for any or no reason, and take any action with respect to any User Content that we deem appropriate, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information on the Website is presented solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Health Information Disclaimer
The content, offered herein may discuss health related issues and information. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or information offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, RELATING TO THE WEBSITE AND ANY THIRD-PARTY PRODUCTS THAT YOU MAY PURCHASE. TO THE EXTENT THAT THIRD-PARTY PRODUCTS HAVE WARRANTIES, THEY ARE OFFERED ONLY BY THE ORGANIZATION OR INDIVIDUAL FROM WHICH YOU PURCHASE THEM.
THE FOREGOING APPLIES TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation on Liability
THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT IN ANY EVENT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING BUT NOT LIMITED TO THIRD-PARTY PRODUCTS), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE. THE FOREGOING APPLIES TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Governing Law and Jurisdiction
These Terms will be governed by the laws of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms are the entire agreement between us and you about the Website. They replace any other prior oral or written agreements between us and you about the Website.
Your Comments and Concerns
This website is operated by Resilience Maine, LLC. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@resiliencemaine.com.