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Terms of Use


Thank you for visiting www.resilientwomenshealth.com (the “Website”). The Website is owned and operated by Resilient Women's Health. The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us. Please read the Terms of Use carefully before you start to use the Website and the Content. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website or the Content.

The content of the Website is provided for informational and educational purposes only. This includes: (a) the entirety of the Website (including text, images, videos, and blogs); (b) social media posts that may be referenced in, posted on or otherwise accessible from the Website; and (c) any information obtained from third-parties, including the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials, which you may view on, or access through, the Website.  The content shall further include all online courses and their videos, documents and other related content, as well as any other products or services purchased, offered, or accessible through the Website.  This information is collectively referred to as the Website’s “Content.”

Nothing on the Website or in the Content is intended to constitute, and nothing does constitute, medical advice or the practice of physical therapy.  Nothing on the Website or in the Content is intended to provide or does provide physical therapy services or a medical diagnosis. By using the Website, you explicitly acknowledge and agree that your use of the Website or the Content does not create a provider-patient relationship between you and Resilient Women's Health and/or any officers, agents, employers, owners, members or representatives of Resilient Women's Health (the “Resilient Women's Health Parties”).  The Website and the Content are for educational purposes only based upon the Resilient Women's Health Parties’ proficiency in, knowledge of, and experience with the subject matter of the Website and the Content.  Your use of the Website or the Content does not create any duty for the Resilient Women's Health Parties to follow up with you about any medical condition, diagnosis, treatment or function.

Do not rely on any of the information on the Website or in the Content for diagnosis or treatment.  The Resilient Women's Health Parties make no representations, guarantees or warranties that any information on the Website or in the Content is appropriate for you or will result in improvement of any medical condition, diagnosis, treatment or function.  If you have concerns about any medical condition, diagnosis, treatment or function, you should personally consult with a physical therapist or other licensed healthcare provider.  In case of a medical emergency, you should call 911 immediately.

When you purchase a license to use any product or service from the Website, including but not limited to any online course, you agree to these Terms of Use.  All sales are final for products and services. No refunds are issued for products or services once a sale is completed.

By purchasing any product or service from the Website, including any online course, you will be granted a nonexclusive, nontransferable license to access and use only that product or service and any associated materials, and to access and use that product or service solely for your own personal and non-commercial use.  Resilient Women's Health’s Content, including all online courses, is exclusively the property of Resilient Women's Health.  All copyright, trademark and other intellectual property rights in the Content, including all online courses, shall remain the sole, exclusive intellectual property rights of Resilient Women's Health.  The copying, redistribution, use or publication of any of Resilient Women's Health’s Content, including Content within online courses, is strictly prohibited.  Your purchase of a product or service from Resilient Women's Health does not grant you any ownership rights to that Product or Service.  

Disclaimers


THE WEBSITE AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO ALL ONLINE COURSES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THESE WARRANTIES INCLUDE, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE WEBSITE OR THE CONTENT; ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

THE Resilient Women's Health PARTIES DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE WEBSITE OR THE CONTENT AND MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE CONTENT, OR THAT ANY CONTENT WILL CONTINUE TO BE AVAILABLE. THE Resilient Women's Health PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY ONLINE COURSES OR OTHER PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. 

Limitation of Liability


TO THE FULLEST EXTENT PROVIDED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE Resilient Women's Health PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, UNDER ANY CLAIM OR LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, WHETHER SUCH CLAIM OR LEGAL THEORY ARISES FROM CONTRACT, WARRANTY, STATUTE, TORT OR OTHERWISE. 

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Resilient Women's Health PARTIES WILL NOT HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA), WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER OR NOT THE Resilient Women's Health PARTIES HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT THE Resilient Women's Health PARTIES’ TOTAL LIABLITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ANY OF THE CONTENT THAT THE Resilient Women's Health PARTIES PROVIDE TO YOU, INCLUDING BUT NOT LIMITED TO ANY ONLINE COURSES OR OTHER PRODUCTS OR SERVICES OFFERED ON OR ACCESSIBLE THROUGH THE WEBSITE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification


You agree to defend, indemnify, and hold harmless the Resilient Women's Health Parties, as well as their successors, and assigns, from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your violation of these Terms of Use; (b) your use of the Website or the Content, including, but not limited to your use or access of the Website or the Content; or (c) your use of any information obtained from the Website.

Governing Law and Jurisdiction


Resilient Women's Health is located in Allegheny County, Pennsylvania.  You agree that any claim or dispute related to these Terms of Use, the Website or the Content, will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law provisions.  You further agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Allegheny County, Pennsylvania.  You consent to the personal jurisdiction and exclusive venue in the federal and state courts located in and serving Allegheny County, Pennsylvania as the legal forum for any such claim or dispute.