Terms and Conditions
Resilinc Corporation (“Resilinc”) and its affiliates and subsidiaries (collectively, “Resilinc,” “we,” “us,” or “our”) own all right, title, and interest in and to the website located at www.Resilinc.com (the “Website”) and related Resilinc survey or Resilinc generated event response located on the Website (the “Survey,” and collectively with the Website, the “Services”). We welcome you to use our Services and wish to inform you about some important points to consider while using the Services. We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Services. All references to “you” or “your” refer to you and the entity on behalf of which you use the Services.
PLEASE NOTE: BY ACCESSING OR SUBMITTING CONTENT (AS DEFINED BELOW) TO THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE SERVICES.
We may modify this Agreement at any time. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.
Resilinc owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, selection and arrangement thereof (collectively, the “Resilinc Material”). The names, marks, and logos appearing on the Services (collectively, the “Trademarks”) are owned by or licensed to Resilinc and are used with permission of the owner. The Trademarks and Resilinc Material are protected by trademark, copyright, and other intellectual property laws. Resilinc requires you to respect the intellectual property rights that we have in the Resilinc Material and in the Trademarks.
Resilinc hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in a noncommercial use in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any Resilinc Material or the Trademarks.
You may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Resilinc Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the Resilinc Material for commercial purposes without a written permission from Resilinc is strictly prohibited.
Resilinc reserves all rights not expressly granted to you under this Agreement.
You must create an account in order to use the Services and view relevant information. You must provide certain Personal Information to register for an account and you must create a unique username and password that enables you to access your account. You agree not to disclose your account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. Please notify Resilinc immediately of any unauthorized use of your account.
Resilinc is not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide Resilinc will be true, accurate, current and complete. By creating an account you consent to the use of electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement.
You agree not to do any of the following: (i) transmit to the Services material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes; (viii) impersonate another person or entity; (ix) post, upload or share any content or information that is false, inaccurate or misleading; or (x) post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data.
You agree that disputes arising from an alleged violation of intellectual property rights may result in Resilinc or its affiliates suffering irreparable harm and that, in the event of such a dispute, Resilinc or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Property infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Resilinc Corporation and via Email: [email protected]
We suggest that you consult your legal advisor before filing a notice or counter-notice.
The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;
- any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services;
- attempting to impersonate another person or entity;
- using any information obtained from the Services to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Services on behalf of that person; or
- using the Services in a manner inconsistent with applicable laws and regulations.
Resilinc reserves the right to investigate and take appropriate legal action against anyone who, in Resilinc’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
Resilinc may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. Resilinc reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including but not limited to your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the Resilinc Material and obligates you to immediately destroy any copies of the Resilinc Material in your possession pursuant to this Agreement.
THE SERVICES and THE RESILINC MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Resilinc, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTies OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Although Resilinc strives for accuracy in all elements of the Services and the Resilinc Material, the Services or Resilinc Material may contain inaccurate or out-of-date information or typographical or spelling errors. Resilinc does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any Resilinc Material; (ii) any opinion, information, advice or statement expressed by Resilinc on the Services; or (iii) any results to be obtained from using the Services or relying on the Resilinc Material.
Resilinc does not warrant that: (i) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations; (ii) the Services will operate uninterrupted and error-free; (iii) the Services will be free of viruses, worms or other harmful material; or (iv) the Services will operate in perpetuity.
YOU USE THE SERVICES AND THE RESILINC MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESILINC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE RESILINC MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESILINC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RESILINC OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES OR RESILINC MATERIAL OR FROM ANY USER CONTENT SUBMITTED TO THE SERVICES. RESILINC SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE SERVICES.
RESILINC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. RESILINC IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
Occasionally, Resilinc may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
You agree to defend, indemnify, and hold harmless Resilinc and its parent, subsidiaries, affiliates, officers, directors, employees, and agents from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services or the Resilinc Material; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
This Agreement is governed by the laws of State of New York, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in New York County, New York, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.
Resilinc’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
Resilinc may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Resilinc.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and Resilinc with respect to your use of the Services.