terms and conditions
Below are the TERMS and CONDITIONS Resilient Health Institute PLLC offers you access to our website. If you do not agree to be bound by the terms and conditions of this user agreement, do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Resilient Health Institute PLLC website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Resilient Health Institute PLLC (DBA Resilient Health Institute) a Washington Corporation (hereinafter referred to as “Resilient Health Institute” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement may not be otherwise amended except in a writing signed by you and Resilient Health Institute. This Agreement is effective as of January 1, 2017.
PART 1: HEALTH DISCLAIMER
The views and nutritional advice expressed by Resilient Health Institute is not intended to be a substitute for conventional medical service. Purchasing a product, program or wellness coaching does not establish a doctor patient relationship with Resilient Health Institute or any of our Physicians or Registered Dietician/ Nutritionist. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to “cure” disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. We suggest that you continue to work with qualified medical professional as you engage in our material, products and services. No information offered here, or product sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. For any products and/or services purchased from Resilient Health Institute you should carefully read all product packaging and instructions. While the information on this website, and the products sold on it, are discussed in the context of numerous conditions, it can be dangerous to start any health program without first consulting your physician. Information and statements regarding products and/or services made available by Resilient Health Institute have not been evaluated by the Food and Drug Administration. Resilient Health Institute products and services are not intended to diagnose, treat, cure or prevent any disease.
It is advised to consult with your physician before purchasing any product, service material from Resilient Health Institute particularly if you are pregnant or nursing, have cancer, have active or a history of liver disease, kidney disease or iron storage disease, are on medications for hypertension, mental illness or diabetes. Do not purchase products that contain ingredients to which you are allergic or have a known sensitivity. If you are purchasing one of our programs or cleanses we highly recommend that you use a back-up method of birth control in addition to the birth control pill.
PART 2: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 3: PAYMENT
Customer agrees to compensate Resilient Health Institute for any goods or services ordered through this website at the original purchase price. Ex. promotions, distributors, etc.
PART 4: LIABILITY LIMIT
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Resilient Health Institute liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Resilient Health Institute in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Resilient Health Institute products may be brought by you or Resilient Health Institute more than one (1) year following the event which gave rise to the cause of action.
PART 5: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
PART 6: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 7: NOTICES
Except as explicitly stated otherwise, any notices shall be given by certified postal mail, return receipt requested, to Resilient Health Institute, Gig Harbor, WA 98335. Notice shall be deemed given three (3) days after the date of mailing.
PART 8: ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Resilient Health Institute to collect our fees and/or recover damages for, or to obtain an injunction relating to, Resilient Health Institute website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. 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 Gig Harbor, WA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Resilient Health Institute may seek any interim or preliminary relief from a court of competent jurisdiction in Gig Harbor, WA necessary to protect the rights or property of Resilient Health Institute pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
PART 9: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be subject to and governed by the laws of the State of Washington, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Resilient Health Institute of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
PART 10: PRIVACY & SECURITY
Resilient Health Institute is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Our web site is designed with precautions to protect usersʼ information. Customer information is appropriately protected in-house as well as online. Sensitive information (such as a credit card account number) is protected by encryption. While on a secure page, such as an order form, the lock icon at the bottom of a webpage becomes locked, rather than open (or unlocked) as when the user is simply “surfing” the Web. In addition, access to users’ information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
PART 11: GENERAL
The content of the material is general in nature and not meant to be relied upon as medical advice related to your individual situation. This Site is designed to provide you with a basic understanding of the condition or procedure you are researching. The Site may display content that is graphic in nature and that may depict partial nudity. If you find such material offensive you should not use this Site and should exercise caution before accessing certain features of the Site. The text, graphics, photos, videos and other information is not intended as medical advice and should not be considered medical advice. We at Resilient Health Institute encourage you to consult a qualified, Board Certified dermatologist for specific medical planning and advice pursuant to your individual medical situation on any of the dermatology conditions or procedures referred to herein.
We may from time to time change the terms that govern your use of our Site and we will post such revised Terms and Conditions on this page. You should therefore check this page regularly. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
You may not copy, reproduce, publish, distribute, sell, create derivative works from, transfer, re-transmit, stream or sell the content, photos or graphics of this web site. You agree not to copy, distribute, imitate, re-transmit, or stream any technical, design or layout elements of the this Site.
This Site may provide links to other sites or services not owned, operated or controlled by Resilient Health Institute. By using any such link you are stating that you understand that the Site is not responsible for the content or services of any such linked site or service, that the appearance of such a link does not imply any endorsement by the Site and that these links are provided to you only as a convenience.
Resilient Health Institute makes no express or implied warranties, representations or endorsements whatsoever with respect to the content, products and photos used throughout the site. Photo representation of procedures and services are models and should not be deemed as expected results, excluding the Before and After Galleries (Galleries) which are actual patients and results of Resilient Health Institute. The photos on our Galleries patient photos should not be deemed as expected results as each patient and procedure is unique and results will vary. All photography in the Galleries are proprietary property of Resilient Health Institute and may not be copied, reproduced, published, distributed, sold, created derivative works from, transferred, re-transmitted, streamed or sold.