Terms and Conditions
www.resilience-leadership.com (“Resilience Leadership Institute”, “RLI”, “the Web Site”, “we”, “us” or “our”) is the internet property of RLI which owns and operates the Web Site that links to these “Terms and Conditions.” You should also review our Privacy Policy. The Terms and Conditions describe your rights and responsibilities with regard to the use of all RLI Web Sites and applications, and all content and services contained therein, including but not limited to consultations (collectively, the “Services”).
1. ACCEPTANCE OF TERMS AND CONDITIONS
You agree to these Terms and Conditions of use by accessing or using the Web Site, registering for Services offered on the Web Site or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO THE “TERMS AND CONDITIONS”, INCLUDING, BUT NOT LIMITED TO THE BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS DETAILED IN SECTION 15, DO NOT USE THE WEB SITE. These Terms and Conditions constitute a legal agreement between you and RLI and shall apply to your use of the Web Site and the Services even after termination. If, for any reason, we believe that you have not complied with these Terms and Conditions or have engaged in improper conduct, RLI, may, at its sole discretion and without liability, immediately and without prior notice, permanently terminate or temporarily suspend access to the Services.
2. MODIFICATION OF THE TERMS AND CONDITIONS
RLI reserves the right, without prior notice and at its sole discretion, to modify or replace the Terms and Conditions and/or Services at any time or stop providing the Services and/or create usage limits for the Services. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Web Site by you after notification constitutes your acceptance of the changes to the Terms and Conditions.
3. DEFINITIONS
In these Terms and Conditions, (1) a “RLI Customer” means a Web Site User who makes a purchase on this Web Site, (ii) “You” or “User” refers to you as a user of the Web Site, and/or user or purchaser of Products and/or Services.
4. ELIGIBILITY
You must be at least 18 years of age to utilize the Web Site and the Services.
5. DISCLAIMERS
This Web Site provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. RLI disclaims any liability for your reliance on any opinions or advice contained in this Web Site. This Web Site is not intended to be a substitute for professional advice. You should consult with your own professional if you have specific questions about your own unique situation.
Links to Third-Party Products, Services, or Sites.
Any links to third-party products, services, or sites are subject to separate terms and conditions. RLI is not responsible for and will not have any liability regarding products and/or services you purchase from third party suppliers and any other third parties. Your purchase and use those third-party products and/or services may be subject to the terms, conditions, and other agreements between you and the applicable third parties. You are responsible for reviewing and complying with them. Although RLI may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
6. ACCEPTABLE USE POLICY
Please read this Acceptable Use Policy (“policy”, “AUP”) carefully before using this Web Site and utilizing the Services operated and provided by RLI. The Web Site and Services provided by RLI may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of the user’s account with or without notice. We reserve the right to change this AUP at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
Prohibited Use
You may not use the Web Site or Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject RLI to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
Violating any of the Terms and Conditions.
Falsifying personal information required to register as a User.
Abusing the Web Site in any way.
Systematically or automatically collecting data from this Web Site.
Sharing private and proprietary information from online courses or consultations with anyone else.
Distributing computer viruses, worms, trojan horses or other malicious code that may cause damage to someone else’s computer or RLI systems.
Engaging in any type of financial fraud or unauthorized use of credit instruments.
Participating in any illegal or fraudulent activity, including, but not limited to, money laundering, identity theft or phishing.
Threatening, stalking, harassing, or harming any User or third party;
Enforcement
Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
Reporting violations
To report a violation of this policy, please contact us at the Contact Us Section of this Web Site.
7. SUBMISSIONS
RLI is open to receiving feedback or comments on any of our current products and Services from our customers. However, we do not offer any remuneration for any suggestions and we do not accept or consider unsolicited creative ideas for our Web Site or business.
This is to avoid conflict for any future misunderstanding of any projects that are developed by RLI or under the direction of RLI that may seem to others to be similar to their own creative work. If despite the above outlined, you send us any unsolicited submissions, anything that you submit including but not limited to ideas, suggestions, comments or products, RLI shall be entitled to unrestricted use of such submissions for any purpose.
8. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, RLI may, without prior notice, immediately cease all access to the use of the Web Site or Services. Any such action will not affect any rights and obligations arising prior thereto.
9. INTELLECTUAL PROPERTY
Copyrights
This Site is owned and operated by RLI Unless otherwise specified, all materials appearing on our Web Site, including the text, Web Site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property Resilience Leadership Institute © 2023, ALL RIGHTS RESERVED. All audio and video clips have been licensed to RLI or are the sole property of RLI or and are the sole property of their respective licensors. The content and software on our Web Site is the property of and/or its licensors and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Web Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Web Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved. We post legal notices and various credits on pages of this Web Site. If you duplicate, publish or otherwise distribute material from the Web Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Web Site without permission from us, except as permitted by applicable law. In order to maintain the value of these marks, it is important that they are used correctly. RLI may provide pre-approved images and logos for Expert Advisor use on platforms RLI, in its sole discretion deems acceptable (Expert Advisor websites, social media, etc.).
10. INDEMIFICATION
You agree to indemnify, defend, and hold harmless RLI and its respective officers, members, parents, subsidiaries, affiliates, employees, directors, shareholders, members, agents, partners, vendors, and licensors (each, a “RLI Party,” and collectively, “RLI Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, judgements, awards and expenses (including reasonable costs and attorneys’ fees) of any kind or nature arising from, out of, in connection with, or relating to: (a) use of our Web Site and/or Services; and/or (b) these Terms and Conditions. You agree to reasonably cooperate with RLI in connection with any claim. RLI may select counsel for and control the defense of any claim that you are indemnifying RLI for. In no event shall you compromise or settle any such matter without the prior consent of RLI, which shall not be bound by any such compromise or settlement absent its prior consent.
11. DISCLAIMER OF WARRANTIES
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITHOUT ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RLI AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. RLI DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RLI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, RLI SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, RLI AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. RLI, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
12. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT RLI LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE RLI, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “RLI ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RLI OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE RLI ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE RLI ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE RLI ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE RLI ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RLI’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE OR OTHER PROPERTY OWNED OR CONTROLLED BY RLI AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY RLI WEB SITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
13. APPLICABLE LAW
You agree that any legal action brought against us shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any dispute arising from your use of our Web Sites shall be in Essex County, Massachusetts. Those who choose to access our Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
14. MANDATORY DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If a dispute does arise between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and we agree that we shall resolve any action, claim or controversy at law or equity (a “Claim”) that arises out of your use of the Web Site and/or Services, or in connection with these Terms and Conditions in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting customer service, since most customer concerns can be resolved quickly in this manner.
Any Claim shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules:
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the formation, enforceability, or interpretation of these Terms and Conditions, including, but not limited to whether a claim is subject to arbitration or any claim that all or any part of these Terms are void or voidable, or. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity in the courts of the Commonwealth of Massachusetts. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This arbitration provision shall survive termination of this Agreement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RLI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. YOU AND RLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Improperly Filed Claims
All Claims you bring against us must be resolved in accordance with this “Dispute Resolution” section. All Claims filed or brought contrary to this “Dispute Resolution” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Resolution of Disputes” section, we may recover attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Exception – Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15. MISCELLANEOUS
Severability
If any provision of these Terms is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Force Majeure.
Under no circumstances will RLI or any RLI Party be liable for any delay or failure to perform due in whole or in part to any event of war, fire, earthquakes, flood, labor troubles, strike, riot, act of governmental authority, terrorism, regulations, unavoidable accidents, pandemics, acts of God, or other similar contingencies beyond the reasonable control of RLI.
Headings
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
Notices
All notices required or permitted to be given under these Terms must be in writing. RLI may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH RLI IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY RLI OF AN EMAIL TO THAT ADDRESS.
No Third-Party Beneficiaries
Except as set forth in these Terms, only you and RLI may enforce these Terms and the Agreement; no third party shall be entitled to enforce these Terms or the Agreement.
Survival
The provisions of these Terms and the Agreement which by their nature should survive the termination of these Terms shall survive such termination.
Waiver
No waiver of any provision of the Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by an office of RLI with signatory authority in order to be effective.
Assignment
RLI may assign these Terms and the Agreement to any person or entity at any time, for any reason, with or without notice to you.