Terms & Conditions
Last updated: December 16, 2022
These Terms and Conditions ("Terms") govern your relationship with www.resilia.com website and platform services (the "Service") operated by Exempt Me Now, Inc. dba Resilia (the “Company,” "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Service.
License
Scope of License
Company grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service strictly in accordance with these Terms.
You may only use the Service on devices that You own or control and as permitted by these Terms.
The license that is granted to You by Company is solely for your philanthropy purposes strictly in accordance with these Terms.
License Restrictions
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Service or make the Service available to any third party.
Use the Service for any purpose other than as permitted under the above section 'License'.
Copy, modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Service.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the Service.
Without limiting the foregoing, you acknowledge that the Service is not intended for storage or use of any social security numbers (unless you are a Formation user), financial account numbers, health information, driver’s license, passport or visa number, credit card data, or any special categories of personal data (“Prohibited Data”). You agree that you will not input, and will not permit to be inputted, any Prohibited Data into the Service. You agree that you will not use the Service: (i) in violation of any applicable law, regulation, or standard (including, without limitation PCI); (ii) in a manner such that any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information are entered into the Service; or (iii) in violation of the documentation or other instructions or guidance provided by us and made available to you from time to time. You shall be solely responsible for maintaining any passwords and access codes to the Service and/or any dashboard related thereto and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes. Any other software or services that are included in the Service and are not proprietary to Company are licensed subject to the applicable license, all of which are incorporated herein by reference if identified in any documentation or otherwise made available to you. Company shall have the right to immediately suspend access to the Service if your use or access of the Service results in a risk of loss or damage to the Service, Company’s other systems, or the data or property of any other Service visitor, user, or supplier.
Purchases
You acknowledge and agree that if you wish to purchase any product or service made available by us through, or to make a donation through the donations feature of, the Service, you make such purchase and/or donation through Stripe, Inc. (“Stripe”) and that, if you receive any donations through the donations feature of the Service, the Service requires that you become and remain a “Connected Account” with Stripe, as further described in the Stripe Connected Account Agreement, the current URL for which is: https://stripe.com/legal/connect-account. You further acknowledge and agree that your agreement with Stripe is solely between you and Stripe and that Company bears no responsibility to you or any party for the services (including the “Stripe Connected Services”) provided by Stripe or any act or omission by Stripe. Your access and use of any third-party services or platforms, including, but not limited to those provided by Stripe, is at your own risk, and Company disclaims all responsibility and liability for your use of any such third-party service or platform including, but not limited to those provided by Stripe. All such third-party services or platforms, including, but not limited to those provided by Stripe, are not the Service and are not governed by these Terms or Company’s Privacy Policy. Your use of third-party services or platforms, including, but not limited to those provided by Stripe, is subject to the terms of use and privacy policies (if any) provided by the applicable third party (including Stripe).
Refunds
ALL TRANSACTIONS MADE THROUGH THE SERVICE BETWEEN ANY FUNDRAISER AND DONOR ARE BETWEEN SUCH FUNDRAISER AND DONOR AND NOT BETWEEN COMPANY AND DONOR. Each fundraiser is solely responsible for determining whether and when to issue a refund on a donation made through the Service. Unless we have expressly agreed in writing, no refund for any purchase of our product or service will apply.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Content
Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, accuracy, reliability, and appropriateness. Company is not responsible for the entries, information, or content of the Service's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such applicable Content on and through the Service solely for the purpose of providing the Service to you. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
Content Restrictions
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
You may not transmit through or post to the Service any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine- or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity including Company and its employees or representatives.
Violating the privacy right of any third person.
False information and features.
Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and to refuse or remove any Content. Company further reserves the right to make formatting and edits and change the manner of any Content. Company can also limit or revoke the use of the Service if You post such objectionable Content.
As Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any Content.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Intellectual Property
The Service, and its original content (excluding Content provided by users), features, and functionality, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Company. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Company shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to the Service. To the extent Company is required to provide indemnification by applicable law, Company shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Service or your use of it infringes any third-party intellectual property rights.
Modifications to the Service
Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service, in whole or in part, or any service to which it connects, with or without notice and without liability to you.
Updates to the Service
Company may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades, and other modifications.
Updates may modify or delete certain features and/or functionalities of the Service. You agree that Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of these Terms.
Maintenance and Support
Company does not provide any maintenance or support for the access and use of the Service except as expressly provided in any other agreements between you and Company and/or as required by applicable law.
Third-Party Services
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Company.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You further acknowledge and agree that Company shall not be responsible for any third-party web sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any third-party products, web site, or service.
You must comply with applicable third parties' terms of use or terms of service when using their service. Any third-party services and links thereto through the Service are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Privacy Policy
Company collects, stores, maintains, and shares information about you in accordance with Our Privacy Policy: https://www.resilia.com/privacy
By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
Term and Termination
These Terms shall remain in effect until terminated by You or Company. Company may, in its sole discretion, at any time and for any or no reason, amend, suspend, or terminate these Terms, in whole or in part, with or without prior notice or liability, including without limitation if you breach these Terms.
The rights granted to you under these Terms will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of these Terms.
Upon termination of your account for the Service, You shall cease all use of the Service.
Termination of your account for the Service will not limit any of Company's rights or remedies at law or in equity in case of breach by you of any of your obligations hereunder.
Indemnification
You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, directors, board members, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service; (b) violation of these Terms or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, course of usage, or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Company nor any of Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in herein shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR THROUGH THE SERVICE IN THE TWELVE MONTHS PRECEDING TO THE EVENT LEADING TO YOU INCURRING SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS), EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to this Agreement
Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Company.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to access or use the Service.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Governing Law
The laws of the state of Louisiana, and the United States of America, excluding its conflicts of law rules, shall govern these Terms and your access and use of the Service. Your access and use of the Service may also be subject to other local, state, national, or international laws.
Entire Agreement
These Terms constitute the entire agreement between you and Company regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and Company.
You may be subject to additional terms and conditions that apply when you use or purchase other Company's services, which Company will provide to you at the time of such use or purchase.
Contact Us
If you have any questions about these Terms, you can contact us by email at support@resilia.com