Website Terms of Service & Privacy Policies

All inquiries related to Terms of Service and Privacy Policies should be directed to [email protected].

PRIVACY POLICY

• When you purchase something from our website, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
• Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.
• We will never share, distribute, or sell your contact information with another party unless given direct consent

SECTION 2 – CONSENT

• When you provide us with personal information to complete a transaction, verify your credit card, place an order, we imply that you consent to our collecting it and using it for that specific reason only.

SECTION 3 – DISCLOSURE

• We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
• Payment: Payment by credit card is completed through Stripe, Inc. who stores your credit card data. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SECTION 4 – THIRD-PARTY SERVICES

• In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways (like Stripe, Inc) and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
• For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
• Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

• When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
• Google analytics: our website may use Google Analytics to help us learn about who visits our site and what pages are being looked at.

SECTION 5 – SECURITY

• To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
• If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow reasonable standards to maintain security.

SECTION 6 – COOKIES

• Use of our website may require cookies be enabled.

SECTION 7 – AGE OF CONSENT

• By using this site, the user (a) represents that they are 18 years or older, or (b) understand implied consent by a legal guardian for a minor to access and use this site, its content, and products.

SECTION 8 – CHANGES TO THIS POLICIES

• We reserve the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on the website.

QUESTIONS AND CONTACT INFORMATION

• If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at [email protected].

RETURN POLICY

• We do not offer you a refund or exchange on any of our information products. This includes all of our e-books, training guides, and any downloadable product. This includes any incorrect variation selection by the user.
• In-person educational courses can be transferred to another attendee only if approved by Resilient Performance Systems, LLC.

 

TERMS OF SERVICE

OVERVIEW

• This website is operated by Resilient Performance Systems, LLC. Throughout the site, the terms “we”, “us” and “our” refer to “Resilient Performance Systems, LLC.” Resilient Performance offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
• We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
• Information on this website is not medical advice and is purely for marketing purposes.
• Educational content is to be applied by licensed professionals at your own risk and discretion and doing so does not hold Resilient Performance LLC, Resilient Performance Physical Therapy LLC, or Resilient Performance Physical Therapy PLLC liable for any damages.

SECTION 1 – ONLINE STORE TERMS

• By agreeing to these Terms of Service, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
• A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our services, use of our services, or access to our services or any content on the website through which our service is provided, without express written permission by Resilient Performance Systems, LLC.
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for educational, marketing, and general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Information on this website does not replace medical advice from your personal physician, physical therapist, or allied health professional. Any reliance on the material on this site is at your own risk. This website is not meant to prescribe treatment for any disease, ailment, injury, disorder, or any medical condition.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the our services (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

• We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
• We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
• We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.

SECTION 8 – THIRD-PARTY LINKS

• Certain content, products and services available via our services may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
• You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

• Occasionally there may be information on our site or in our services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• We undertake no obligation to update, amend or clarify information in our services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our services or on any related website, should be taken to indicate that all information in our services or on any related website has been modified or updated.

SECTION 11 – PROHIBITED USES

• In addition to other prohibitions as set forth in these terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove our service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, our services is at your sole risk. Services and all products and services delivered to you through our website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall Resilient Performance Systems LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

• You agree to indemnify, defend and hold harmless Resilient Performance Systems, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
• These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

• These Terms of Service and any separate agreements whereby we provide our services shall be governed by and construed in accordance with the laws New Jersey.

SECTION 18 – CHANGES TO TERMS OF SERVICE

• You can review the most current version of the Terms of Service at any time at this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

• Questions about the Terms of Service should be sent to us at [email protected].