Resilience Investments, Inc. (together with its affiliates, “Resilience Investments”) provides asset management services, as well as associated services (collectively, the “Services”). The following terms and conditions govern use of the website www.resilience.investments (the “Site”). The Site is offered subject to acceptance without modification of any of the terms and conditions contained herein or all other guidelines or policies that may be published from time to time on this Site by Resilience Investments (collectively, the “Terms”).
The terms “Resilience Investments”, “we”, “us” “our” and similar terms refer to Resilience Investments. The terms “you,” “your,” “user” and similar terms refer to you as a user of the Services and/or visitor to this Site. If you are visiting this Site on behalf of an entity, the terms “you,” “your,” “user” and similar terms shall also refer to the legal entity that you represent.
By accessing the Site, you are indicating your agreement to be bound by these Terms, including our Privacy Policy (defined below), and all revisions thereof. If you do not agree to these Terms, immediately discontinue using and accessing this Site. These Terms do not govern the terms of any investment you may make or any other aspect of your relationship with Resilience Investments, beyond your use of or access to this Site.
These Terms and our Privacy Policy are resources for you to get a better understanding of how our Services work and how we intend to interact with you. Resilience Investments reserves the right, in our discretion, to update or revise the Terms without notice. You acknowledge that the information, materials, products and Services on the Site are subject to change. You should review these Terms from time to time so that you understand the terms and conditions of your use of this Site. If you do not agree to any amendment of these Terms, you must immediately discontinue using and accessing this Site. Your continued use of the Site following the posting of any modification to the Terms constitutes acceptance of those changes. If you ever have any questions about these Terms, please do not hesitate to contact us via Contact Us page.
The information contained in this Site is provided to you for your personal and informational purposes only. Resilience Investments reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Resilience Investments will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. The Site may contain forward-looking statements and information relating to Resilience Investments and its Services that are based on its beliefs as well as assumptions made by and information currently available to it. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to the Services, are intended to identify forward-looking statements. Actual results may differ materially from those projected in such forward-looking statements. Resilience Investments does not intend to update these forward-looking statements.
Your privacy is very important to us. As discussed in greater detail in our Privacy Policy, located at [hyperlink to privacy policy] (“Privacy Policy”), we collect and store personal information when you create an account and/or visit this Site. Resilience Investments does not share customer information (including email addresses) with third parties unless it is necessary to provide you with products or services available from Resilience Investments. This may include merchants and service providers that provide support services to Resilience Investments, help Resilience Investments market our products and services, administer our programs, and assist with operations. We will never sell or rent your telephone or email information to third-party marketers. By accessing this Site and accepting these Terms, you expressly consent to Resilience Investments’ use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.
We will take commercially reasonable precautions to protect information provided by you from loss, misuse, unauthorized disclosure or alteration, including putting in place appropriate physical, electronic and administrative procedures to safeguard and secure such information. We use industry-standard encryption when collecting or transferring sensitive data (e.g., payment card information, personal and user data). However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee the confidentiality of such information or communications.
We own all proprietary rights to the Site and all content and technology related thereto. We hereby grant to you a revocable, non-assignable, and non-exclusive license to use, reproduce or distribute the information available on the Site solely in accordance with these Terms. All rights in and to the Site and all information available on the Site not expressly granted herein are reserved by Resilience Investments.
You acknowledge and agree that any data, materials or content contained or distributed on or through the Site by Resilience Investments or any of its officers, directors, employees or agents (collectively, “Resilience Investments Content”) is protected by trademarks, service marks, patents, copyrights, and/or other proprietary rights and laws and, as between you and Resilience Investments, shall belong to Resilience Investments. You may not use, reproduce or distribute any Resilience Investments Content without our authorization.
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Site and any Resilience Investments Content shall remain the property of Resilience Investments, and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Resilience Investments Content or any related software, in whole or in part. You further agree not to use or access the Site in order to monitor its availability, performance or functionality, or to build a competitive product or service.
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services (collectively, "Feedback"), you hereby irrevocably assign to Resilience Investments all right, title, and interest in and to such Feedback, including all intellectual property rights therein, and agree that we may use, disclose, reproduce, license, distribute, and otherwise commercialize the Feedback in any manner we deem appropriate, without attribution, approval, or compensation to you. You represent and warrant that you have all rights necessary to provide such Feedback and make such assignment.
You agree to defend, indemnify and hold Resilience Investments and its officers, directors, employees, agents, affiliates, successors, and assign harmless from and against all claims, demands, actions, judgments, awards, losses, damages, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, and costs of litigation arising out of or based on (a) the information you submit to or transmit through the Site; (b) your use or misuse of the Site; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any breach of your representations, warranties, or obligations under these Terms.
You agree that Resilience Investments may, in its sole discretion, immediately terminate or suspend your access to or use of the Site, and remove and delete any data or content you may have input or contributed to the Site, in the event you violate any provision of these Terms or otherwise use or access the Site in a manner prohibited by Resilience Investments. You agree that Resilience Investments shall not be liable to you or any third party for any termination of your access to the Site.
Resilience Investments may make available to you from time to time at no additional charge, updates, revisions and new versions of the Services, and you agree to accept all such updates, revisions and versions. All updates, modifications, revisions and new versions of the Services will be subject to these Terms. We will provide reasonable telephone or email support for use of the Services and use reasonable efforts to maintain availability of the Services. You understand and agree that our support will be limited to technical support for use of the Services and that we will not provide, and will not be responsible for providing, any financial, business, accounting or other information, support or professional services. You understand and agree that from time to time the Services may be unavailable due to maintenance or technical issues.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF AND ACCESS TO THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,RESILIENCE INVESTMENTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESILIENCE INVESTMENTS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
RESILIENCE INVESTMENTS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, (B) THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic and/or legal effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware without regard to conflict of laws provisions.
Resilience Investments shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Resilience Investments, including but not limited to governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
ANY DISPUTE ARISING OUT OF THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND YOU HEREBY AGREE TO CONSENT TO SUCH ARBITRATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN WILMINGTON, NORTH CAROLINA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION NECESSARY TO PROTECT THE RIGHTS OR THE PROPERTY OF YOU OR RESILIENCE INVESTMENTS (OR ITS REPRESENTATIVES), PENDING THE COMPLETION OF ARBITRATION.